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HomeMy WebLinkAboutCA Agenda - 2018-01-161 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, January 16, 2018, commencing at 10:00 a.m., in the Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. 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. FN 2018-001 - 197 Simeon Street Permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. SG 2018-001 - 431 Highland Road West Permission to remove and replace a ground -supported sign having a height of 9.14m rather than the permitted maximum height for a ground -supported sign of 7.5m. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2018-001 - 3310 King Street East Permission for an existing commercial building to have 50% of the Gross Floor Area (GFA) of a warehouse area for comic book sales rather than the permitted maximum 25%. A 2018-002 - 375 Luella Street Permission to construct a second storey addition on an existing single detached dwelling having a front yard setback of 4.42m rather than the required 4.5m; and, a front porch with roof to have a front yard setback of 2.88m rather than the required 4.5m. A 2018-003 - 197 Simeon Street Permission to legalize an existing 1.3m x3m wooden shed to be located in the exterior side yard of an existing single detached dwelling whereas the By-law does not permit sheds to be located in the exterior side yard; for the shed to be located closer to the front lot line than the front of the principle dwelling; for the shed to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to be located within the Corner Visibility Triangle (CVT) whereas the By- law does not permit encroachments into the CVT. Page 1 of 2 A 2018-004 - 98-110 Victoria Street South Permission to construct a dual -tower mixed use -residential development with a phased approach having 0 parking spaces for the first 100 residential units and 0.97 spaces per residential unit thereafter. B 2018-001 - 301 Westmount Road West Permission to grant easements identified on the plan submitted with the application as Parts 1, 2, 3 & 5 on Reference Plan 58R-19934 for stormwater and sanitary services; and, Parts 3, 4, 5 & 6 on Reference Plan 58R-19934 in favour of 751 Victoria Street South for parking and access purposes. The easements were initially created through Consent Application B 2012-004 and require amendments to facilitate Site Plan Applications SP16/062/V/LT and SP16/106/V/LT. For more information on the Site Plan Applications please call: 519-741-2426. B 2018-002 - 67 Second Avenue Permission to sever a parcel of land having a width of 10.058m, a depth of 40.234m and an area of 404 sq.m. The retained land will have a width of 10.058m, a depth of 40.234m and an area of 404 sq.m. The lots are intended for residential duplexes. B 2018-003 - 268 Woolwich Street Permission to grant an easement at the rear of the subject property having a width of 3m, a length of 7.5m and an area of 22.5 sq.m. in favour of the adjacent property to the north created through Consent application B 2017-013 for stormwater overflow. B 2018-004 - 6 Pequegnat Avenue Permission to sever an `L' shaped parcel of land having a width on Mansion Street of 16.997m, a northerly depth of 20.98m and an area of 307.03 sq.m. The retained land will have a width on Pequegnat of 19.357m, a depth of 20.478m and an area of 395.70 sq.m. Both parcels are intended for single detached dwellings. • 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 29th day of December, 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 DECEMBERR 29, 2017. Page 2 of 2 , Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 WARD: 10 DATE OF REPORT: January 9, 2018 REPORT #: CSD -18-005 SUBJECT: FN2018-001 — 197 Simeon Street Applicant — Carolyn Vander Schaaf Approve with Conditions RECOMMENDATION That application FN2018-001 requesting permission to legalize an existing wood fence having a height of 2.2m to be located 0.5m from the lot line abutting Cameron Street rather than the required 4.5m; and, to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT be approved subject to the following conditions: 1. That the wooden fence boards obstructing visibility within the DVT are removed, creating openings for visibility as per the elevation drawings submitted within this application. This measure shall be completed by April 30th, 2018. 2. That the openings in the fence detailed in Condition 1 be maintained in perpetuity, otherwise this decision becomes null and void. L Location Map: 197 Simeon Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: City Planning staff conducted a site inspection of the property on January 3rd, 2018. The subject property located at 197 Simeon Street is zoned Residential Four (R-4) in the Zoning By-law and is being used as a single detached dwelling. The applicant is requesting permission to legalize an existing 2.2 metre high wooden fence located 0.5 metres from the exterior lot line whereas the By-law requires a setback of 4.5 metres (Section 630.5.1c). The applicant is also requesting permission to allow the fence to be located within the driveway visibility triangle (DVT) (Section 630.5.1d). View of Fence from Cameron Street (Site Visit January 3`° 2018) In considering the requested variance to the Fence By-law, Planning staff offers the following comments: The proposed variance meets the intent of the Fence By-law for the following reasons. The intent of the regulation that requires fences with a height between 1.82 and 2.44 metres to be set back 4.5 metres from the property line is to preserve street aesthetics and to provide an adequate buffer for the pedestrian realm. After completing a site visit, Planning staff is of the opinion that the subject fence does not have a negative effect on street aesthetics, nor does it have a negative effect on the pedestrian realm. In addition to the 0.5 metre setback to the property line, there is an additional 1.2 metres between the property line and sidewalk. Staff believes that the resulting 1.7 metre distance between the fence and the sidewalk sufficiently provides an adequate buffer space. View of Fence in Relation to the Sidewalk The intent of the regulation that prohibits fences within the driveway visibility triangle (DVT) is to ensure that visibility is maintained when a vehicle is exiting the driveway. To rectify this issue, the applicant is proposing to create openings in the fence by removing wooden boards in the area that would block visibility within the DVT to allow for clear, unobstructed visibility. These proposed openings are depicted in the diagrams below that were submitted by the applicant. Transportation Services has reviewed the diagrams of the proposed openings and is in support of this proposed solution. FA Diagram of Proposed Openings for Visibility Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance Transportation Services Comments: Based on the submitted plans with the application, the proposed openings within the existing fence are acceptable in creating visibility and must be maintained at all times. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed variances. 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 197 Simeon Street is advised that the property is located within the Pandora 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: No environmental planning concerns. Eric Schneider, BES Juliane von Westerholt, MCIP, RPP Technical Assistant Senior Planner Region of Waterloo January 02, 2018 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 (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. 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, .::� ��. I 1__� DOCS: 2598488 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 N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. , Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200 ext. 7860 WARD: 8 DATE OF REPORT: January 5, 2017 REPORT #: CSD -18-006 SUBJECT: SG 2018-001 —431 Highland Road West Applicant - Permit World Consulting Service Inc. on behalf of McDonald's Restaurants of Canada Ltd. Approved with Conditions RECOMMENDATION That minor variance application SG2018-001 requesting permission to remove and replace a ground -supported sign having a height of 9.14m rather than the permitted maximum height for a ground -supported sign of 7.5m; be approved, subject to the following conditions: 1. That a sign permit is obtained from the Planning Division. 2. That condition 1 shall be completed prior to September 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. REPORT Planning Comments: The subject property located at 431 Highland Road West is zoned Arterial Commercial (C-6) in the Zoning By-law 85-1. City Planning staff conducted a site inspection of the property on December 291h, 2017. The applicant is seeking relief from section 680.11.4 of the Sign By-law to install a ground supported sign with a height of 9.14m rather than the maximum height permitted of 7.5m. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location map of existing sign to be replaced with proposed new sign The intent of the by-law to permit a ground supported sign to have a maximum height of 7.5 metres is to ensure that ground supported signs do not tower over the buildings along the streetscape and negatively impact the surrounding area. The proposed sign is larger in height than what is permitted but is smaller in height than the existing sign. Therefore, the variance to approve a height of 9.14 metres will actually reduce the height by 1.76 metres as the existing sign is 10.9 metres high. Furthermore, currently the existing sign has an area of 20 M2, while the proposed sign has an area of 10.81 m2, which is approximately half the size of the existing sign. The design of the proposed sign meets the intent of the Sign By-law and improves and maintains the overall quality of the streetscape within the area. 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. Planning staff recommends that this application be approved subject to the conditions outlined above in the Recommendation section of this report. Existing sign to be replaced Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Ensure the proposed sign is located outside of the driveway visibility triangle. Engineering Comments: No Concerns. Heritage Planning Comments: No Concerns. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 2018 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 (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. 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, .::� ��. I 1__� DOCS: 2598488 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 N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. , Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning) — 519-741-2200 x 7844 WARD: 2 DATE OF REPORT: January 9, 2018 REPORT #: CSD -18-007 SUBJECT: Application A2018-001 - 3310 King Street East Applicant — Wesley Hagan, Haganland Comics Owner — Leanne Arnold POA Approved with Conditions RECOMMENDATION That application A2018-001 requesting permission for an existing commercial building to have 50% of the gross floor area (GFA) of a warehouse area for comic book sales rather than the permitted maximum 25%, be approved subject to the following conditions: 1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division; 2. That Site Plan approval to acknowledge parking spaces be obtained from the Planning Division; and, 3. That Conditions 1 and 2 to be completed no later than March 30, 2018. REPORT Planning Comments: The subject property located at 3310 King Street East on the north side of King Street, west of River Road East. It is zoned Arterial Commercial Corridor (C-6) with Special Use provision 180U in the Zoning By-law 85-1. It is designated Arterial Commercial Corridor in the City's 1994 Official Plan and Commercial in the 2014 Official Plan. City Planning staff conducted a site inspection of the property on January 5, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Aerial photo (2016) The building is multi -tenanted and the applicant is one of five existing commercial businesses. The business owner has been operating a comic book warehouse with accessory retail for approximately two years and requires zoning approval for the retail portion of his business in order to obtain a Business License. The variance is to legalize the total area used for accessory retail which occupies 50% of his gross floor area rather than the maximum permitted of 25% accessory sale of comic books. 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 property is designated Arterial Commercial Corridor in the City's 1994 Official Plan and designated Commercial in the 2014 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead policies from the 1994 Official Plan are being reviewed. Permitted uses in the Arterial Commercial Corridor designation provide for specialized products or services to persons coming to the site and are best located on Primary or Secondary Arterial Roads. The comic book warehouse and accessory sales use targets a specific clientele and the property is located on a primary road. Therefore, the proposed variance meets the general intent of the Official Plan and conforms to the designation. It is the opinion of staff that the requested variance is appropriate. View from King Street The proposed variance meets the intent of the Zoning By-law and can be considered minor for the following reasons. The intent of the regulation on maximum area used for accessory retail is to ensure that general retail uses are not the dominate use in the Service Commercial zone which is meant to provide service type uses for the community. Comic book sales are a specific retail item and do not draw large numbers of clients at any one time to the property. As well, the nature of the business requires a large floor area to display the goods as well as warehouse them. Based on the above, staff is of the opinion that the intent of the by-law is being maintained and that the variance is minor. The variance is appropriate for the development and use of the land. It is noted that the comic book warehouse with accessory retail has existed for at least two years as the uses are permitted. The variance to the retail floor area regulation is required in order that zoning compliance can be given for a Business License. There have been no concerns or complaints received in regards to the use. 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 above in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with this application. Engineering Comments: No Concerns. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 2018 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 (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. 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, .::� ��. I 1__� DOCS: 2598488 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 N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. , Staff Report I .R Community Services Department wm kitcheneua REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: RECOMMENDATION Committee of Adjustment January 16, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Lauren Nelson, Planner (Policy) — 519-741-2200 ext. 7072 10 January 5, 2018 CSD -18-008 Application A2018-002 — 375 Luella Street Applicant — Iain Kent on behalf of Ben Wingelaar Approved with Conditions That application A2018-002 requesting relief from Section 39.2.1 to allow a second storey addition to have a minimum front yard of 4.42 metres rather than the required 4.5 metres, and from Section 5.6A.4 to allow a porch to be set back 2.88 metres from the front lot line rather than the required 3.0 metres, be approved subject to the following condition: A Building Permit is obtained from the City's Building Division for the proposed second storey addition and covered front porch by November 1, 2018. The floor of the porch shall not exceed 0.6 metres in height above finished grade level, and any railings, spindles or other porch materials located within a driveway visibility triangle shall not obstruct visibility of oncoming motor vehicle and pedestrian traffic on the street. REPORT Planning Comments: The subject property located at 375 Luella Street is zoned Residential Five (R-5) with Special Provision 129U in Zoning By-law 85-1 and designated Low Rise Conservation A in the City's Official Plan (Central Frederick Secondary Plan). The applicant is proposing to build a second storey addition and covered front porch to the single detached dwelling. The location of the existing building complies with the Zoning By-law given Section 5.15 for existing uses, however the proposed building addition cannot comply with the requirements of Sections 39.2.1 and 5.6A.4 of the By-law. The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow an addition to have a minimum front yard of 4.42 metres rather than the required 4.5 metres, and from Section 5.6A.4 to allow a porch to be set back 2.88 metres from the front lot line rather than the required 3.0 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 0 City Planning staff conducted a site inspection of the property on December 28, 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 Conservation A in the City's 1994 Official Plan (Central Frederick Secondary Plan). During the review of the City's new Official Plan, the Secondary Plans were deferred to allow for completion of neighbourhood -specific land use reviews. Therefore, the 1994 Official Plan designation is in effect. The intent of the designation is to preserve the scale, use and intensity of existing development, and it is applied to those portions of the community where the vast majority of land use is single detached dwellings. The requested variances to permit a second storey addition and front porch at slightly reduced yard setbacks are appropriate and continue to maintain the scale, use, and intensity of the property and surrounding neighbourhood. Staff is of the opinion that the variances meet the intent of the Official Plan. 2. The requested variance to permit a minimum front yard of 4.42 metres, whereas 4.5 metres is required, meets the intent of the Zoning By-law. The intent of the 4.5 metres minimum front yard requirement is to allow for separation between the front of the dwelling unit and the front lot line, and to establish a build -to line along the street. As the second storey addition will have the same footprint as the existing building, staff is satisfied that adequate separation is being provided, and that the front yard setback is consistent with properties in the surrounding neighbourhood. Staff is of the opinion that the variance meets the intent of the By-law. The requested variance to permit a porch to be set back 2.88 metres from the front lot line, whereas 3.0 metres is required, meets the intent of the Zoning By-law. The intent of the 3.0 metre setback is to allow for porch encroachments into the front yard, while still maintaining some separation from the front lot line. The depth of a porch impacts whether it can be used for its intended purpose, and as such, staff is satisfied that the requested variance provides for a usable front porch, and is consistent with properties in the surrounding neighbourhood. Staff is of the opinion that the variance meets the intent of the By-law. 3. 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 proposal implements some of the key RIENS recommendations, including that new construction be generally located a distance from the street that is in line with existing dwellings, and to accommodate front porches that encourage community interaction and activate the street. Many properties in the surrounding neighbourhood are of two-storey construction, and many contain front porches. The location of the existing building is not proposed to change and the reduced setbacks should not present any significant impacts to the existing character of the surrounding neighbourhood. 4. The variances are appropriate for the development and use of the land. The proposed development accommodates a slight decrease in front yard setbacks in an established building, and will be compatible with the built form, massing, and building siting found throughout the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the second storey addition and front yard front porch addition for the single detached dwelling. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Ensure that the railings being proposed for the porch provide unobstructed visibility, as the porch is within the driveway visibility triangle. Engineering Comments: No concerns. 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 property municipally addressed as 375 Luella Street is advised that the property is located within the Central Frederick 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. Note that the subject property is located within the Central Fredrick Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)kitchener.ca). Environmental Planning Comments: No concerns. Lauren Nelson, BES Planner (Policy) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 2018 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 (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. 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, .::� ��. I 1__� DOCS: 2598488 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 N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. , Staff Report I .R Community Services Department wm kitcheneua REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: RECOMMENDATION Committee of Adjustment January 16th, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 10 January 91h, 2018 CSD -18-009 A2018-003 — 197 Simeon Street Applicant — Carolyn Vander Schaaf Approve with Conditions That application A2018-003 requesting permission to legalize an existing 1.3m x 3m wooden shed to be located in the exterior side yard of an existing single detached dwelling whereas the By-law does not permit sheds to be located in the exterior side yard; for the shed to be located closer to the front lot line than the front of the principle dwelling; for the shed to be located within the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT (as amended) be approved, subject to the following condition: 1. That this decision is only valid for the accessory building existing on the date of this report and that no further encroachments into the Corner Visibility Triangle shall occur. Location Map: 197 Simeon Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 197 Simeon Street is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. Staff conducted a site inspection of the property on January 3rd, 2018. The applicant is requesting permission to legalize an existing wooden shed located in the exterior side yard whereas the By-law does not allow sheds to be located in an exterior side yard (Section 5.5.5a). The applicant is also requesting relief from Section 5.5e to allow a shed to be located closer to the front lot line than the front face of the principle building on the property, and relief from Section 5.3 to allow the shed to be located within the Corner Visibility Triangle. View of Existing Accessory Building In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. The requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The subject accessory building does not interfere with the general intent of the Official Plan. 2. The requested variance to permit an accessory building to be located in the exterior side yard and to be located closer to the front lot line than the principle building meets the intent of the Zoning By-law. The intent of the regulation that prohibits accessory structures in the front and exterior side yards is to protect the aesthetics of the neighbourhood. In this case, the subject accessory building visually appears as a fence and does not physically resemble a typical garden shed. Staff is of the opinion that the subject accessory building does not compromise the aesthetics of the neighbourhood and therefore meets the intent of the Zoning By-law. The intent of the regulation that prohibits an accessory building within a corner visibility triangle (CVT) is to protect driver, cyclist and pedestrian safety by ensuring that there is adequate visibility while turning the corner at the intersection of two streets. In this situation, only a small corner of the shed projects into the CVT and only at the outermost periphery of the CVT. Planning staff, as well as Transportation staff are of the opinion that adequate visibility can be maintained despite the small projection into the CVT, and therefore the intent of the By-law is maintained. The proposed variance is considered appropriate for the development and use of the lands. The surrounding neighbourhood is comprised of similar sized compact lots that often have the built form of dwellings located close to the sidewalk and pedestrian realm. The layout of the streets in the neighbourhood is a grid pattern (horizontal & vertical) which is less susceptible to visibility concerns than curvilinear streets in typical residential subdivisions. Furthermore, the subject accessory building was built with materials that complement the aesthetics of the surrounding neighbourhood, and therefore the proposed variance can be considered appropriate for the surrounding lands. 4. The variance is considered minor because only a very small portion of the shed is located within the CVT. In addition, staff believes that the shed has a minor impact on adjacent properties and the surrounding neighbourhood. Location of Accessory Building within the Corner Visibility Triangle x`41' , `'• � L 9 „-. Corner Visibility Triangle �,`,? •' , r. (CVT) Portion of Shed outside of CVT Portion of Shed within r the CVT Y + Location of Accessory Building within the Corner Visibility Triangle Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the horizontal and vertical alignment of Simeon Street, the encroachment into the corner visibility triangle is minor in nature and therefore, is supportable. Heritage Planning Comments: Heritage Planning staff has no concerns with the proposed variances. 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 197 Simeon Street is advised that the property is located within the Pandora 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: No environmental planning concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 02, 2018 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 (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. 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, .::� ��. I 1__� DOCS: 2598488 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 N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. �, Staff Report ITc� [�.R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- - 519-741-2200 ext. 7073 WARD: 9 DATE OF REPORT: January 3, 2018 REPORT # CSD -18-010 SUBJECT: Application #: A2018-004, 98-110 Victoria Street South Applicant: GSP Group Approve RECOMMENDATION That application A2018-004 requesting relief from Special Regulation 660R to provide parking at a rate of 0 spaces for the first 100 residential units and non-residential uses, and 0.97 spaces per residential unit thereafter (253 parking spaces will be provided for the entire site at full build out) rather than a flat rate of 243 spaces for the site be approved (A required parking rate of 0.46 spaces per unit for 171 units in phase 1 and 0.916 spaces per unit for 179 units in phase 2 of the development). Location map: 98-110 Victoria Street South REPORT Planning Comments: The subject property is zoned Warehouse District Zone(D-6) with Special Use Provision 439U, Special Regulations 656R, 657R, 658R, 659R, and 660R and are designated as a Special Policy Area 15.D.2.68 within the Innovation District of the New Official Plan. Special Regulation 660R requires a total number of parking for the entire site at 243 spaces for both commercial and residential uses on site. In August 2017 the Committee of Adjustment approved a parking rate for the entire site at a ratio of 0.69 spaces per unit, which achieved the overall required number of spaces (243) at full build out. The purpose of the variance was to facilitate the phasing of the development to meet all zoning requirements. After the variance was approved by the committee, the applicant discovered the amended parking rate would not meet the required parking for phase one and is proposing a revised parking ratio that will successfully facilitate the phasing of the development to meet all zoning requirements. The owner is requesting a similar variance to amend Special Regulation 660R to facilitate the phasing of the development. The owner is seeking relief from Special Regulation 660R a) to provide parking at a rate of 0 spaces for the first 100 residential units and non-residential uses, and 0.97 spaces per residential unit thereafter (253 parking spaces will be provided for the entire site) whereas Special Regulation Provision 660R a) requires 243 parking spaces for both commercial and residential uses. The requested variance will result in a required parking rate of 0.46 spaces per unit for 171 units in phase 1 and 0.916 spaces per unit for 179 units in phase 2 of the development. Construction of the development is planned over two phases. The first phase consists of Tower 1 and a portion of the common podium which will contain 79 parking spaces, as well as commercial units, while the second phase will include Tower 2 and the remainder of the 174 parking spaces and the balance of the podium structure. The parking for the site is located both below grade within the podium structure above grade with active uses wrapped around the parking facility. Since Phase 1 would only result in the partial construction of the podium, only a portion of the total required parking would be constructed until Phase 2 is completed. The applicant wishes to phase the development and have Phase 1 occupied prior to the completion of Phase 2. The current regulations of the zone create an implementation challenge, as it did not factor the phasing into the overall development into the equation. That said, the total number of required parking spaces at full build out will remain unchanged. Staff conducted a site visit on December 8, 2017 Subject Lands 98-110 Victoria Street South (December 8, 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 offers the following comments: The subject property is designated as a Special Policy Area 15.D.2.68 within the Innovation District of the New Official Plan. The Special Policy permits a mixed used development with ground floor retail, restaurant and office uses and indicates that parking will be further refined in the zoning by-law and may include shared parking. The proposed variance will alter the way in which spaces are calculated or allocated based on a "per unit ratio" rather than defining a total number of parking spaces for the entire site. It is staffs opinion that the proposed variance for parking to be calculation on a "per unit ratio" basis rather than a fixed number continues to meet the intent of the Official Plan which encourages a full mix of commercial and residential high intensity of uses and contemplates the sharing of parking. Council supported the Official Plan Amendment for the Special Policy Area in the Innovation District which was intended to permit high intensity mixed use development that is transit supportive. This variance continues to meet this intent and supports the development of these lands for a transit supportive high intensity mixed use development within the downtown and within walking distance of a Major Transit Station Area. 2. The requested variance meets the intent of the Zoning By-law and can be considered minor. The intent of the parking regulation is to ensure sufficient parking for residents, employees and clients to the premises. The parking regulation envisions a true sharing of the available parking for the mix of commercial and residential uses. Currently there are 243 parking spaces required for the entire development which includes 350 residential units and commercial/office uses. The applicant is proposing that instead of using the fixed number, that parking is provided at a rate of 0 spaces for the first 100 residential units and non-residential uses, and 0.97 spaces per residential unit thereafter for entire the development. This will result in 243 spaces when both phases are constructed, as was originally required by the by-law. This approach would allow each phase to meet parking requirements as they are completed. It is therefore staffs opinion that the requested variance is appropriate and meets the intent of the zoning, as it continues to provide for sufficient parking for the site and does not result in a reduction in the total number of parking spaces. 3. Planning Staff is of the opinion that the variance requested is desirable as there is no impact on the future users of the building or the neighbourhood, as the overall intended number of parking spaces remains unchanged and continues to support a shared parking arrangement for all uses on site. It is staff's further opinion that this approach to calculation of parking spaces is appropriate and the variance proposed is desirable as it allows for the implementation of the phasing of the development and some flexibility during construction. This approach, if applied, will continue to ensure that sufficient parking is provided for each phase of development. The allocation of parking spaces allows for the registration of a plan of condominium for the first phase prior to the completion of the construction of balance of the development. It is also noted that Transportation Services is in support of the proposed parking variance. 4. The variances are appropriate for a high intensity mixed use development within the downtown Innovation District and the Major Transit Station Area. As noted above, there would be no impact on the overall parking to be provided for this development once fully constructed and is therefore minor. Based on the foregoing, Planning Staff recommends that this application be approved without conditions. Heritage 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 was the first step of a phased cultural heritage landscape (CHL) conservation process. Although the subject property does not have formal heritage status (not designated or listed on the Municipal Heritage Register), the owner of the properties municipally addressed as 98-110 Victoria Street South is advised that the properties are located within the Warehouse District 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. Building Comments: No concerns. Environmental Planning Comments: No concerns. Transportation Services Comments: Transportation Services supports the requested variance. The owner is requesting a similar variance to A2017 — 091 to amend Special Regulation 660R to facilitate the phasing of the development. The requested variance will result in a required parking rate of 0.46 spaces per unit for 171 units in phase 1 and 0.916 spaces per unit for 179 units in phase 2 of the development. Engineering Services Comments: No concerns. Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo January 02, 2018 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 (2) /06 Highland, McDonalds Restaurant (6) /55, Roth, Ronald Lee Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 197 Simeon Street (FN 2018-001): No concerns. 2. 431 Highland Road West (SG 2018-001): No concerns. 3. 3310 King Street East (A 2018-001): No concerns. 4. 375 Luella Street (A 2018-002): No concerns. 5. 197 Simeon Street (A 2018-003): No concerns. 6. 98-110 Victoria Street South (A 2018-004): No concerns. 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, .::� ��. I 1__� DOCS: 2598488 Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2307 Beth Brown, Supervisor of Fax: (519) 621-4945 Resource Planning E-mail: bbrown(cD-grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: GRCA FILE: December 22, 2017 A 2018-004 - 98-110 Victoria St S. A2017-004 - 98-110 Victoria St S. RE: Application for Minor Variance A 2018-004 98-110 Victoria Street South, City of Kitchener 100 VIC GP Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted minor variance. BACKGROUND: 1. Resource Issues: Based on previous reviews, we can confirm that the floodplain proper does not extend onto the subject lands. However, a portion of the subject lands does fall within the 5 metre regulated allowance associated with the floodplain and the property is therefore regulated by the GRCA under Ontario Regulation 150/06. 2. Legislative/Policy Requirements and Implications: We have reviewed the development through previous applications, including Site Plan Application 14/85/V/JVW, and have no objection to the minor variance. If future development is proposed within the allowance to the floodplain, a GRCA permit will be required. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: We received a plan review fee for a previous Planning Act application, and will not charge for our review of the current minor variance application. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority cc: 100 VIC GP Inc. 607 King Street West, Suite 205 A, Kitchener ON N2G 1 C7 GSP Group (hholbrook@gspgroup.ca) Page 1 of 1 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority , Staff Report I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: 7 DATE OF REPORT: January 8, 2018 REPORT #: CSD -18-011 SUBJECT: B2018-001 — 301 Westmount Road West Owner: 2054908 Ontario Inc. & Victoria-Vicmount Inc. Approve with Conditions RECOMMENDATION: That application B2018-001 requesting consent for easements over 301 Westmount Road (2054908 Ontario Inc. & Victoria-Vicmount Inc.) in favour 751 Victoria Street South (Victoria-Vicmount Inc.), more specifically being: Parts 1, 2, 3 & 5 of 58R-19934 for stormwater and sanitary services purposes; and Parts 3, 4, 5 & 6 of 58R-19934 for parking and access purposes, be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 2. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as 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. 3. 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. 4. 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Lands: 301 Westmount Road West & 751 Victoria Street South REPORT Planning Comments: The subject property is located at 301 Westmount Road West. Staff conducted a site inspection on December 14, 2017. The subject lands, together with 751 Victoria Street South are part of the Victoria Westmount Centre plaza. The subject lands were severed from 751 Victoria Street South in 2012 (62012-004) and various access and servicing easements were created at that time to support continued operation of the two sites as a contiguous plaza. The Owner received Site Plan Approval in Principle on December 30, 2016, to allow the subject lands to be redeveloped. As a result of the contemplated changes to the site layout, additional easements are required to allow for the continued shared use of the lands. The owner is requesting consent for easements for stormwater and sanitary purposes over Parts 1, 2, 3 & 5 of 58R-19934 and an easement for parking and access purposes over Parts 3, 4, 5 & 6 of 58R- 19934. Staff confirms that the proposed easements align with the approved Site Plan. The reciprocal easements created in 2012 remain in place and the Committee is not requested (nor is it required) to consider any changes to these. 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 dimensions of the proposed easements are suitable for the purposes for which they are being created, and are desirable and appropriate in order to allow for the orderly development of lands. It is the opinion of staff that the proposed consent is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Services Comments: No Concerns. Engineering Comments: No Concerns. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo MraOrem 11113100071R3601111rr January 8, 2018 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 4,13 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 Re: Comments for Consent Applications B2018-001 to B2018-004 Committee of Adjustment Hearing January 16, 2018 CITY OF KITCHENER B 2018-001 301 Westmount Road West 2054908 Ontario Inc. and Victoria-Vicmount Inc. The purpose of the application is to grant easements for stormwater and sanitary service and parking and access purposes. Regional staff have no objection to the application. B 2018-002 67 Second Avenue Vlad Knezevic The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. 1888113 1 of Water Services The applicant is advised that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Corridor Planning Noise The severed and retained residential lots will be impacted from road noise from traffic on Conestoga Parkway (Highway 7/8). The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: c) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: 1888113 2 of 4 "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, 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 secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: "Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 1888113 3 of 4 B 2018-003 268 Woolwich Street Brian Holtze and Tanya Yantz The purpose of the application to grant an easement for stormwater overflow. Regional staff have no objection to the application. B 2018-004 6 Pequegnat Avenue CPM Construction Management Inc. The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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, L OvVv�r Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 4 of 4 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. J Staff Report KITCH��r,R Community Services Department www.kifchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157 PREPARED BY: Catherine Lowery, Junior Planner — 519-741-2200 ext. 7071 WARD: 3 DATE OF REPORT: January 8, 2018 REPORT #: CSD -18-012 SUBJECT: Application B2018-002 — 67 Second Avenue Applicant — Vladan Knezevic Approve with Conditions ss o V bb n 53 57 7 Location Map: 67 Second Avenue RECOMMENDATION That Application B2018-002 proposing to sever a lot with a width of 10.058 metres, a depth of 40.234 metres, and a lot area of 404 square metres: 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner shall submit a draft reference plan showing the boundaries of the lands to be conveyed for approval by the City's Director of Planning. 4. That a site plan showing the location of the proposed dwellings on both the severed and retained lots, along with elevation drawings, be submitted to the satisfaction of the Director of Planning, illustrating that the proposed dwellings will be compatible with the neighbourhood in terms of massing, scale and design, and that the drawings be approved prior to the issuance of any building permit. 5. That a Demolition Control Application be approved for the removal of the existing dwelling. 6. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 7. That the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 10. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 11. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 12. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $4,626.68. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (10.058 metres) and a land value of $9,200 per metre of frontage. 13. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Operations. REPORT Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The Applicant is proposing to sever the existing property into two separate lots that will have frontage onto Second Avenue. The existing dwelling is proposed to be demolished and a new duplex dwelling is proposed for each lot. The existing property has a lot width of 20.117 metres and a depth of 40.234 metres and an area of 808 square metres. The Applicant is proposing to sever the lot in half to create two equal sized lots with a width of 10.058 metres and an area of 404 square metres. The proposed lot sizes comply with the Zoning By-law. The subject application has been considered under the policies of the City's 2014 Official Plan. Where policies are under appeal and there is a direct co -relation to policies of the 1994 Official Plan, staff refers to the former policies. The Low Rise Residential designation supports a full range of low density housing types including duplex dwellings. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. Planning Staff recommend conditions requiring a site plan as well as building elevations to ensure that the proposed dwellings are compatible with and sympathetic to the setbacks, building height, design, character, and streetscape of the surrounding community. In reviewing the site plan and building elevations staff will have regard for the direction and recommendations of the Residential Intensification in Established Neighbourhoods Study, as approved by City Council. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The severed and retained lots comply with the regulations of the Residential Four (R-4) zone. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on December 11, 2017. i Subject Property: 67 Second Avenue Based on the foregoing, Planning staff recommends that Consent Application B2018-002 requesting permission to sever the existing property into two equal sized lots be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent provide the demolition permit for 67 Second Ave 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 duplex dwellings. 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). • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • 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. 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 $4,626.68. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.058m) at a land value of $9,200 per frontage metre. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Standard condition to enter into an agreement registered on title OF BOTH THE SEVERED AND RETAINED LANDS requiring a Tree Preservation / Enhancement Plan be submitted and approved before a building permit will be issued. (Environmental Planning notes that an Arborist Report has been submitted. It has been reviewed but not approved). Catherine Lowery, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo MraOrem 11113100071R3601111rr January 8, 2018 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 4,13 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 Re: Comments for Consent Applications B2018-001 to B2018-004 Committee of Adjustment Hearing January 16, 2018 CITY OF KITCHENER B 2018-001 301 Westmount Road West 2054908 Ontario Inc. and Victoria-Vicmount Inc. The purpose of the application is to grant easements for stormwater and sanitary service and parking and access purposes. Regional staff have no objection to the application. B 2018-002 67 Second Avenue Vlad Knezevic The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. 1888113 1 of Water Services The applicant is advised that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Corridor Planning Noise The severed and retained residential lots will be impacted from road noise from traffic on Conestoga Parkway (Highway 7/8). The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: c) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: 1888113 2 of 4 "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, 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 secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: "Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 1888113 3 of 4 B 2018-003 268 Woolwich Street Brian Holtze and Tanya Yantz The purpose of the application to grant an easement for stormwater overflow. Regional staff have no objection to the application. B 2018-004 6 Pequegnat Avenue CPM Construction Management Inc. The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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, L OvVv�r Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 4 of 4 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. Staff Report KtTc�IEI�TER Community Services Department www1itchenerra REPORT TO: Committee of Adjustment DATE OF MEETING: January 8, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 WARD: 1 DATE OF REPORT: December 21, 2017 REPORT #: CSD -18-013 SUBJECT: APPLICATION #: B2018-003, 268 Woolwich Street Applicant: GSP Group Approve with conditions RECOMMENDATION That application B2018-003, requesting consent to create an easement for stormwater drainage, be approved subject to the following conditions: 1. That the owner makes satisfactory arrangements with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. 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. 3. That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement(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 being granted shall be maintained and registered on title in perpetuity. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 39 25 2 13 35� � -` S 163 OLI� LJ M1 21 L 276 5 IJ LJ 912 91 944 167 924 920 916 rn p 92 8 2n532 901 905 D 268 517 413 505 W rd 1�,521933'929 925 264 58 62 66 Subject Property a6 so 2 38 14 18?26222 6 30I 34 OL 304 59 63 67 3 55 2 41 45 Location Map: 268 Woolwich Street 40, &@. .ervi ut z- V lei NF � n� aqA' PC.9 L51! 3iY14 91141! R e d sea.rnx um f u� 1 f 3N'£7CH 0M 3FWRAkCf AVrUAT.+OM PART OF LOT 66 GERMAN COMPANY -IRACI (RART 1, 58R-1)803) CITY OF KITCHENER AM,b i —CIA -14 & W lblh_bb Sl- ! : X12 .+li€a "PIBELL p.IMS giRUEV4MWIJLTAW?1IMC ovrwm CIO N6P4iM�i_ 9`41 �tLci cation of stormwater drainage easement ACIWl T+V1181YC Proposed location of the stormwater easement at the rear of the subject property. REPORT The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Three Zone (R-3) with Special Regulations 304R, 307R and 634R in the Zoning By- law. The applicant received approval from the Committee of Adjustment in July 2017 to severe the subject property into two parcels to accommodate two future single detached dwellings. The applicant is requesting consent to create an easement for stormwater drainage for the subject lands. The easement will provide for the retained parcel to drain stormwater over the severed parcel. The proposed easement is located at the rear of the property and is 3.0 metres deep by 7.5 metres wide. City Planning staff conducted a site inspection of the property on December 6, 2017. Existing house at 268 Woolwich Street. Planning Comments: Planning staff is of the opinion that the proposed easement is appropriate as it provides a suitable stormwater drainage arrangement for 268 Woolwich Street. Based on the foregoing, Planning staff recommends that Consent Application B 2018-003 requesting consent to create an easement for stormwater drainage be approved. Engineering Comments: Engineering has no concerns. Environmental Planning Comments: No concerns. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Craig Dumart, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner Region of Waterloo MraOrem 11113100071R3601111rr January 8, 2018 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 4,13 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 Re: Comments for Consent Applications B2018-001 to B2018-004 Committee of Adjustment Hearing January 16, 2018 CITY OF KITCHENER B 2018-001 301 Westmount Road West 2054908 Ontario Inc. and Victoria-Vicmount Inc. The purpose of the application is to grant easements for stormwater and sanitary service and parking and access purposes. Regional staff have no objection to the application. B 2018-002 67 Second Avenue Vlad Knezevic The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. 1888113 1 of Water Services The applicant is advised that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Corridor Planning Noise The severed and retained residential lots will be impacted from road noise from traffic on Conestoga Parkway (Highway 7/8). The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: c) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: 1888113 2 of 4 "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, 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 secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: "Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 1888113 3 of 4 B 2018-003 268 Woolwich Street Brian Holtze and Tanya Yantz The purpose of the application to grant an easement for stormwater overflow. Regional staff have no objection to the application. B 2018-004 6 Pequegnat Avenue CPM Construction Management Inc. The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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, L OvVv�r Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 4 of 4 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. Holly Dyson From: Danielle Ingram <Danielle.Ingram @waterloo.ca> Sent: 21 December, 2017 10:29 AM To: Holly Dyson Cc: Joel Cotter; Francis Reyes Subject: 132018-003, 268 Woolwich St, Kitchener Hi Holly, The City of Waterloo has no concerns related to the stormwater easement proposed over the severed parcel in favour of the retained parcel. Waterloo will defer to the City of Kitchener planning staff to undertake a planning review and determine the merits of the application. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo I II 100 REGINA ST. S. I PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingram@waterloo.ca www.waterloo.ca I www.twitter.com/citvwaterloo www.voutube.com/citvwaterloo I www.facebook.com/citvwaterloo THE CITY OF r Waterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. �, Staff Report ITc� [�.R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 WARD: 10 DATE OF REPORT: January 8, 2018 REPORT # CSD -18-014 SUBJECT: B2018-004 - 6 Pequegnat Avenue Applicant - CPM Construction Management Inc. Approve with Conditions Location Map: 6 Pequegnat Avenue RECOMMENDATION That Application B2018-004 requesting consent to sever the subject property into two lots to redevelop the severed and retained lands with new purpose built single detached dwellings, be approved, subject to the following conditions: 1. That the Owner obtains Demolition Control approval to the satisfaction of the Director of Planning. 2. That the Owner obtains a Demolition Permit to the satisfaction of the Chief Building Official. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 4. That 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/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 5. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks, fencing and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved including city trees #177490 (95cm Sugar Maple) and #171541 (46cm Norway Maple) located within the Pequegnat Ave. and Mansion St. ROW. b) Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 6. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $7,815.40. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value. 7. 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. 8. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 9. That the owner 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 driveway ramp, on the severed lands. 10. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 11. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 12. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 13. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the Owner will be required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, all at the Owner's expense, to the satisfaction of the Director of Engineering Services. 14. That the Owner obtains a building permit for the construction of single detached dwellings to the satisfaction of the Chief Building Official. REPORT Planning Comments: The subject property is designated Low Rise Conservation -A in the City's Central Frederick Secondary Plan and zoned Residential Five Zone (R-5) in Zoning By-law 85-1 with Special Use Provision 129U, which prohibits 3 -unit multiple dwellings. The subject parcel of land is described as a corner lot property, irregularly shaped with 19.4 metres of frontage onto Pequegnat Avenue and 38.7 metres of frontage onto Mansion Street for an area of 789 square metres. City records indicate the lands are currently developed with an existing duplex, which has fallen into disrepair. The surrounding neighbourhood contains a mix of low rise residential land uses, predominantly in the form of single detached dwellings and some duplex dwellings. Staff had undertaken a site visit in May 2017 and more recently in December 2017. In May of 2017, the Committee heard applications (B2017-010 & A2017-047/48) to sever the subject lands with the intent to construct duplex dwellings on both the severed and retained lots. Minor variances were also required to implement the dwelling location plans on the subject lots. The applications were refused by the Committee. The owner has submitted a new consent application proposing changes from the original submission in order to address concerns expressed by neighbouring property owners and the Committee. The new proposal is to sever a residential lot with 16.9 metres of frontage onto Mansion Street, and due to the irregular shape of the existing lot, the depth varies from 12 metres to 21 metres and has 307 square metres of lot area. The retained lot will maintain its current street frontage onto Pequegnat Avenue and will have 21.77 metres of flanking street frontage onto Mansion Street and a lot area of 395 square metres. Single detached dwellings are being proposed on each lot and variances are not required to implement the proposed single detached dwelling building plans. The current dwelling and detached structure on the subject lands are proposed to be demolished. Figure 1 - Existing Dwelling (photo taken in May 2017) Figure 2 - Location of Proposed Severed Lot Consent Application — B2018 -004 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the Provincial Policy Statement (2014) and the City's Official Plan and comply with Zoning By-law 85-1. In addition, both lots exceed the minimum lot width and lot area regulations of the R-5 zone and each lot can be serviced municipally with independent service connections. The proposed severance represents infill intensification which conforms to the Provincial Policy Statement (2014) and the City's Official Plan (2014) and the configuration of the lots is considered appropriate for the use of the lands. In addition, the proposed lotting fabric is consistent with the context of the neighbourhood. Lot sizes and fabric observed within the vicinity of the subject lands identified in the Figure 3 below, indicate that there a number of existing lots located along Mansion Street, Chestnut Street, and Gordon Avenue of similar size to the lots being proposed. Moreover, the owner has demonstrated that each lot can be developed with single detached dwellings in compliance with the R-5 zoning regulations. Figure 3 - Existing Lotting Fabric 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 consent provide the demolition permit for 6 Pequegnat Ave 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 single detached dwellings. 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 property municipally addressed as 6 Pequegnat Avenue is advised that the property is located within the Central Frederick 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. Note that the subject property is located within the Central Fredrick Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email(michelle.drake(u-)kitchener.ca). Environmental Planning Comments: Standard condition to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan be submitted and approved before a building permit issuance is required. A condition related to the protection of street trees is required. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new 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. 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. 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 $7,815.40. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.99m) at a land value of $9,200 per frontage metre. The applicant is required to protect city trees #177490 (95cm Sugar Maple) and #171541 (46cm Norway Maple) located in the Pequegnat Ave and Mansion St right-of-ways. Protection shall be in accordance with the City's Tree By-law 87-293, Chapter 690 Articles 4 and 7. The applicant is further required to implement the City's standard tree protection requirements to the satisfaction of the Director of Operations, in accordance with the City's Development Manual. Brian Bateman, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Senior Planner Senior Planner Region of Waterloo MraOrem 11113100071R3601111rr January 8, 2018 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 4,13 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 Re: Comments for Consent Applications B2018-001 to B2018-004 Committee of Adjustment Hearing January 16, 2018 CITY OF KITCHENER B 2018-001 301 Westmount Road West 2054908 Ontario Inc. and Victoria-Vicmount Inc. The purpose of the application is to grant easements for stormwater and sanitary service and parking and access purposes. Regional staff have no objection to the application. B 2018-002 67 Second Avenue Vlad Knezevic The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. 1888113 1 of Water Services The applicant is advised that the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Corridor Planning Noise The severed and retained residential lots will be impacted from road noise from traffic on Conestoga Parkway (Highway 7/8). The applicant is required to enter into a registered agreement with the City of Kitchener to include the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: a) The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. b) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: c) The following noise warning clause will be included in all offers of purchase and sale and/or any rental agreements: 1888113 2 of 4 "The purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, 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 secure the following noise attenuation measures and noise warning clauses in all offers of purchase/sale or rental agreements for the residential units on the severed and retained lots: For the severed lands: The unit will be fitted with forced air -ducted heating system suitably sized and designed with provision for the installation of air conditioning in future, at the occupant's discretion. Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the 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)". For the retained lands: "Purchasers / tenants are advised that sound levels due to increasing road traffic Highway 7/8 may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change (MOECC). 1888113 3 of 4 B 2018-003 268 Woolwich Street Brian Holtze and Tanya Yantz The purpose of the application to grant an easement for stormwater overflow. Regional staff have no objection to the application. B 2018-004 6 Pequegnat Avenue CPM Construction Management Inc. The purpose of the application is to create a new lot for residential development. Community Planning Fee The applicant is required to submit the Region's Consent Application Fee of $350.00 per new lot prior to final approval of the consent. Regional staff has no objection to the application subject to the following conditions of approval for the consent: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 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, L OvVv�r Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 4 of 4 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Beth Brown, Supervisor of Resource Phone: (519) 621-2761 ext. 2307 Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 19, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Fence: FN 2018-001 197 Simeon Street Applications for Signs: SG 2018-001 431 Highland Drive West Applications for Minor Variance: A 2018-001 3310 King Street E A 2018-002 375 Luella Street A 2018-003 197 Simeon Street Applications for Consent: B 2018-001 301 Westmount Road B 2018-002 67 Second Avenue B 2018-003 268 Woolwich Street B 2018-004 6 Pequegnat 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, 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 1 of 1 Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 21 December, 2017 4:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". • SG 2018-001 • B 2018-001 • B 2018-002 • B 2018-003 • B 2018-004 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OSHA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This email has been scanned CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system.