The URL can be used to link to this page

Home My WebLink AboutCA Agenda - 2018-02-20 THE CITY OF KITCHENER Kitchener City Hall 200 King St W COMMITTEE OF ADJUSTMENT Box 1118 NOTICE OF HEARING Kitchener ON N2G 4G7 519-741-2200 ext. 7594 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, holly.dyson@kitchener.ca As amended and Ontario Regulations 197/96 and 200/96, as amended. TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, nd February 20, 2018, commencing at 10:00 a.m., in the Council Chambers, 2 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. SG 2018-002 - 835 King Street West/40 Green Street Permission to install two ground-supported signs fronting onto King Street West, with the first sign (Sign A on the plan submitted with the application) having a height of 5.3m rather than the permitted maximum height of 2m; and, a sign area of 15.35 sq.m. rather than the permitted maximum area of 6 sq.m. The second sign (Sign B on the plan submitted with the application) will have a height of 3.353m rather than the permitted maximum height of 2m; a sign area of 9.71 sq.m. rather than the permitted maximum area of 6 sq.m; and, will not include the municipal address whereas the By-law requires that all ground-supported signs include the municipal address. SG 2018-003 - 125 Highland Road East Permission to legalize an existing ground-supported sign having a height of 6.198m rather than the permitted maximum height of 5.5m; to have a 2.02m clearance from grade rather than the required clearance of 2.44m; to be located in the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; to be located in the Corner Visibility Triangle (CVT) whereas the By- law does not permit encroachments into the CVT; and, to permit the sign to have non-accessory third-party advertising whereas the By-law does not permit non-accessory third-party advertising. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2018-005 - 12 Redtail Street Permission to construct a deck not exceeding 1.1m in height in the rear yard of an existing single detached dwelling having a rear yard setback of 1.5m rather than the required 4m. A 2018-006 - 48 Crosswinds Drive Permission to construct a single detached dwelling having a driveway located 8.26m from the intersection of Valleybrook Drive and Crosswinds Drive rather than the required 9m setback. A 2018-007 - 56 Crosswinds Drive Permission to construct a single detached dwelling having a driveway located 4.99m from the intersection of Crosswinds Drive rather than the required 9m setback. Page 1 of 5 A 2018-008 - 1087 Weber Street East Permission to locate a financial establishment in an existing commercial/residential dwelling having a lot width of 12.3m rather than the required 16m; a westerly side yard setback of 0.6m rather than the required 3m; an easterly side yard setback 1.8m rather than the required 3m; a rear yard setback of 6m rather than the required 7.5m; and, a front yard setback of 4.5m rather than the required 6m. A 2018-009 - 211 Strange Street Permission to legalize an existing single detached dwelling having an enclosed porch with a front yard setback of 4.16m rather than the required 4.5m; a southerly side yard setback of 2.79m whereas 3m is required where there is a driveway; a northerly side yard setback of 0.183m rather than the required 1.2m; to permit a setback from the property line for the required parking of 1.5m rather than the required 6m; and, to legalize an existing southerly side yard setback of 0.497m for an accessory structure rather than the required 0.6m. A 2018-010 - 7 Peachwood Court Permission to convert an existing single detached dwelling into a duplex having the required off-street parking located 2m from the property line rather than the required 6m; and, an existing driveway to be located 6.94m from the intersection of Peachwood Court and Manchester Road rather than the required 9m. A 2018-011 - 241-247 Ottawa Street South Permission for the existing commercial residential dwelling to have a personal service use having a minimum of 141 sq.m. of office use rather than the required 4700 sq.m.; for a personal service use to occupy 50% of the commercial space rather than the permitted maximum of 20%; to legalize the building municipally addressed as 241 Ottawa Street South at the rear of the property having a easterly side yard setback of 0.1m rather than the required 1.2m; and, a rear yard setback of 0.6m rather than the required 7.5m; to legalize the existing stairs and platform to be located 0m from easterly lot line rather than the required 0.75m; and, to permit 2 off-street parking spaces for the business use to be located in tandem whereas the By-law requires parking spaces for businesses to be independently accessible. A 2018-012 - 481 Rivertrail Avenue Permission to construct a single detached dwelling having a westerly side yard setback of 0.8m rather than the required 1.2m. A 2018-013 - 65, 71 & 79 Madison Avenue South Permission to construct a four-storey 38-unit multi-residential development having a building height of 17.16m rather than the maximum permitted height of 10.5m; a Floor Space Ratio (FSR) of 0.849 whereas the By-law permits a maximum FSR of 0.6; and, to permit 40 off-street parking spaces (1.05 spaces/per unit) rather than the required 48 off-street parking spaces (1.25 spaces/per unit). A 2018-014 – 223, 229 & 235 Heiman Street Permission to construct a second multi-residential dwelling on the subject property which currently contains a 3-storey multi-residential dwelling having 23-units, with the proposed dwelling being 6-stories in height having 55-units and the overall site is proposed to have a total Floor Space Ratio (FSR) of 1.16 rather than the permitted maximum FSR of 1 for all uses on site. Page 2 of 5 B 2018-011 - (Severed Lot 2) Width - 17.91m Depth - 33.6m Area - 451 sq. m. Retained Width - 14.22m Depth - 35.99m Area - 425 sq. m. B 2018-012, A 2018-016 & A 2018-017 - Block 29 Rockcliffe Drive Permission to sever a parcel of land having a width of 10.973m, a depth of 36m and an area of 395 sq.m. The retained land will have a width of 10.973m, a depth of 36m and an area of 395 sq.m. Permission is also being requested for a minor variance on the severed land to permit a lot width of 10.973 rather than the required 11.5m; and, permission for a minor variance on the retained land to permit a lot width of 10.973 rather than the required 11.5m. B 2018-013, A 2018-018 & A 2018-019 – 647 and 659 Victoria Street South Permission to sever a parcel of land municipally addressed as 659 Victoria Street South having a width of 15.469m, a depth of 86.125m and an area of 1481.7 sq.m. The retained land municipally addressed as 647 Victoria Street South will have a width of 23.203m, a depth of 61.861m and an area of 2298.3 sq.m. The severed land will require a minor variance for the existing single detached dwelling to have a westerly side yard setback of 0.74m rather than the required 1.5m; and, the retained land will require a minor variance to have 24 off-street parking spaces (1.2 spaces/per-unit) rather than the required 35 off-street parking spaces (1.75 spaces/per-unit); and, to permit parking in the front yard whereas the By-law does not permit parking in the front yard. B 2018-014, B 2018-015, A 2018-020 & A 2018-021 - 185 Forfar Avenue Permission to sever 2 lots for residential development and retain 1 lot. The proposed lots will have frontage on Forfar Avenue and will have the following dimensions: B 2018-014 - (Lot 1 - Corner of Forfar Avenue) Width - 14.04m Depth - 29.46m Area - 415.6 sq. m. Permission is also being requested for a minor variance for severed Lot 1 to permit a lot width of 14.05m rather than the required 15m. B 2018-015 - (Lot 2) Width - 13.7m Depth - 29.46m Area - 394.5 sq. m. Permission is also being requested for a minor variance for severed Lot 2 to permit a lot area of 394.5 sq.m. rather than the required 411 sq.m. Retained Width - 25.68m Depth - 28.74m Area - 615.4 sq. m. Page 4 of 5 A 2018-015 - 298 Mill Street Permission to legalize a duplex with an existing front porch to have a front yard setback of 1.47m rather than the required 4.5m; for the existing porch to be located within the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; construction of an artisans studio on the second floor of the existing garage to have a floor area of 66 sq.m. rather than the permitted maximum of 15 sq.m.; and, for the accessory building to have a building height and fascia height of 8m rather than the maximum building height of 5.5m and 3m for the fascia. B 2018-005 - 94 Morgan Avenue Permission to sever a parcel of land having a width of 9.144m, a depth of 32.620m and an area of 298 sq.m. The retained land will have a width of 9.144m, a depth of 32.620m and an area of 298 sq.m. Both lots will continue to be for residential use. B 2018-006 to B 2018-009 - 883 Doon Village Road Permission to sever 4 lots for residential development and retain 1 lot. The four proposed lots will front onto Bechtel Drive and the retained land will front onto Doon Village Road. The Coach House is proposed to be relocated to the retained land closer to the existing dwelling. The proposed lots will have the following dimensions: B 2018-006 - (Lot 1 – Corner of Doon Village Road and Bechtel Drive) Width (on Bechtel Drive) - 18.3m Depth (on Doon Village Road) - 25.1m Area - 458 sq. m. B 2018-007 - (Lot 2) Width (on Bechtel Drive) - 18.2m Depth - 25.1m Area - 456 sq. m. B 2018-008 - (Lot 3) Width (on Bechtel Drive) - 18.2m Depth - 25.0m Area - 456 sq. m. B 2018-009 - (Lot 4) Width (on Bechtel Drive) - 18.5m Depth - 25.0m Area - 462 sq. m. Retained Land Width (on Doon Village Road) - 48.1m Depth - 73.2m Area - 3,519 sq. m. B 2018-010 & B 2018-011 - Block 28 Rockcliffe Drive Permission to sever 2 lots for residential development and retain 1 lot. The proposed lots will be municipally addressed as 155-163 Rockcliffe Drive, and will have the following dimensions: B 2018-010 - (Severed Lot 1) Width - 14.12m Depth - 36m Area - 419 sq. m. Page 3 of 5 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 2nd day of February, 2018. 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 FEBRUARY 2, 2018. Page 5 of 5 �, Staff Report ITc� R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 9 DATE OF REPORT: February 8, 2018 REPORT #: CSD -18-026 SUBJECT: SG 2018-002 — 835 King Street West Applicant — Steel Art Signs Corp on behalf of Grand River Hospital Corp. Approved with Conditions e... Location map of proposed new signs *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATION That minor variance application SG2018-002 requesting permission to construct 2 ground -supported signs: Sign A - having a height of 5.3m rather than the permitted maximum height for a ground - supported sign of 2m; and a sign area of 15.35m2 rather that the maximum area of 6m2 Sign B - having a height of 3.35m rather than the permitted maximum height for a ground -supported sign of 2m; and a sign area of 9.71 m2 rather that the maximum area of 6m2; and to not have the address on the sign rather than having the address labelled on the sign; be approved, subject to the following conditions: 1. That sign permits be obtained from the Planning Division. 2. That condition 1 shall be completed prior to October 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 835 King Street West is zoned Major Institutional Zone (1-3) in the Zoning By-law 85-1. City Planning staff conducted a site inspection of the property on February 5t", 2017. The applicant is requesting relief from the Sign By-law to install 2 ground supported signs on the property, the requested variances are as follows: Sign A: • Relief from Section 680.11.6 of the Sign By-law to permit a sign with a height of 5.3m rather than the maximum height permitted of 2m. • Relief from Section 680.11.7 of the Sign By-law to permit a sign with an area of 15.35M2 rather than the maximum area permitted of 6M2. Sign B: • Relief from Section 680.11.6 of the Sign By-law to permit a sign with a height of 3.35m rather than the maximum height permitted of 2m. • Relief from Section 680.11.7 of the Sign By-law to permit a sign with an area of 9.71 mz rather than the maximum area permitted of 6m2 . • Relief from Section 680.11.15 of the Sign By-law to not have the address on the sign rather than having the address labelled on the sign. Location map of proposed new signs The intent of the By-law to permit a ground supported sign to have a maximum height of 2.0 metres, and area of 6.OM2 within the Mixed use corridor is to ensure that ground supported signs do not tower over the buildings along the streetscape and negatively impact the surrounding area. Grand River Hospital is a large, institutional campus comprised of a number of buildings and associated parking facilities. Given the large size of the hospital property and the location of the existing buildings on site, the requested variances for height and area (Sign A and Sign B) are appropriate for the property and supported by City staff. The intent of the By-law to have the address on the sign is so that the public, as well as emergency services can locate the correct property. The proposed Sign B is specifically designed to only show the emergency entrance to the hospital, whereas proposed Sign A will have the address clearly shown and more directional information. Staff supports Sign B not having the address provided on the sign. Based on the above comments, staff is of the opinion that the proposed variances to the signs are minor and meets the general intent of the Sign By-law and is appropriate for the property and surrounding neighbourhood. Planning staff recommends that this application be approved subject to the conditions outlined above in the Recommendation section of this report. 1 Temporary sign to be replaced with Ground Supported Sign A Temporary sign to be replaced with Ground Supported Sign B Building Comments: The Building Division has no objections to the proposed sign variance. Note that a sign permit will be required for the new sign. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No Concerns. Heritage Planning Comments: No heritage planning concerns. Note that the subject property is located within the KW Hospital Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake by phone (519-741- 2200 ext. 7839) or by email (michelle.drakea-kitchener.ca). Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the PARTS implementation process. The subject site is within the Focus Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan' consideration of the minor variance. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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: John Vos <John.Vos@waterloo.ca> Sent: 07 February, 2018 9:54 AM To: Holly Dyson Subject: Committee of Adjustment applications A-2018-005 and SG -2018-002 Hi Holly, Having reviewed applications A-2018-005 and SG -2018-002, we are satisfied that City of Kitchener staff will ensure proper planning is implemented in their recommendations to the Committee. Kind regards, John ■■■ John Vos, MCIP, RPP Development Planner, Planning Approvals Integrated Planning and Public Works, City of Waterloo 100 Regina Street South PO Box 337, Station Waterloo Waterloo, ON, N2J 4A8 P: 519-747-8527 TTY: 1-866-786-3941 iohn.vos(a)waterloo.ca www.waterloo.ca 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 I .R Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: February 201h, 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: 9 DATE OF REPORT: February 13th, 2018 REPORT #: CSD -18-027 SUBJECT: SG2018-003 — 125 Highland Road East Applicant — Dorothy Pearce- Permit World Consulting Services Approve with Conditions %Locatian of } =_..Existing Sign ANW N W1 Location Map: 125 Highland Road East RECOMMENDATION That application SG2018-003 requesting permission to legalize an existing ground - supported sign having a height of 6.198 metres rather than the permitted maximum height of 5.5 metres; to have a 2.02 metre clearance from grade rather than the required clearance of 2.44 metres within the Corner Visibility Triangle (CVT) & Driveway Visibility Triangle (DVT) (as amended); and, to permit the sign to have non -accessory third -party advertising whereas the By-law does not permit non -accessory third -party advertising be approved, subject to the following conditions: 1. That a sign permit is obtained from the Planning Division by May 31St, 2018. 2. That the subject application is approved if and only if the licensing the licensing agreement for the encroachment of the sign onto City property is valid and binding, failure to maintain that agreement will make the decision null and void. *** 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 125 Highland Road East is zoned Gas Station Zone (C-7) in the Zoning By-law 85-1 and designated Mixed Use in the City's Official Plan. Staff conducted a site inspection of the property on January 19th, 2018. The applicant is requesting permission to legalize an existing ground supported sign located on City property, adjacent to the exterior side lot line whereas the By-law does not allow for non - accessory signage (Section 680.3.c). The applicant is also requesting relief from Section 680.11.4 to allow a sign height of 6.198 metres rather than the maximum permitted height of 5.5 metres, and relief from Section 680.11.14 to allow for a clearance of 2.02 metres rather than the minimum required clearance of 2.44 metres within the Corner Visibility Triangle and Driveway Visibility Triangle. View of Existing Ground Supported Sign The intent of the regulation that prohibits non -accessory signs (third party signs), is to prevent an excess of signage in the City by requiring signs to be located on the same property as the business that is advertised. This regulation is important to preserve street aesthetics by limiting the extent of signage on properties, streets and neighbourhoods throughout the City. The main objective of this regulation is to prohibit property owners from renting out space on their lot to advertise for potentially numerous businesses, which could create a billboard -like signage effect on any privately owned lot that would permit a sign. In this situation, the ground supported sign is technically non -accessory (third party) because it is located on City property just outside of the lot line of the property in which the business being advertised on the sign is located. Prior to this application for variance, the applicant obtained an encroachment agreement from the City's Legal Services Division to allow the sign to remain in that location. The sign has been existing in that location for approximately 40 years and was installed outside of the property line in error. The layout of the property as well as the placement of underground fuel tanks makes it impossible to relocate the sign onto the subject property. Staff believes this variance request does not represent a situation in which a property owner is intending to advertise for other businesses, nor does it represent excessive signage. Therefore, the proposed variance for non -accessory signage meets the general intent of the Sign- By-law. The intent of the regulation that limits the height of signage based on lot width is to ensure that the size of signage is appropriate for the size of the lot and to prevent excessively large signage. The subject property is located on an irregularly shaped lot that has 3 lot lines abutting the street. Because the lot frontage is divided between 3 lot lines, the measurement taken for lot width does not accurately represent the overall size of the property. Staff is of the opinion that the overall size of the property is large enough to allow for a sign with a height of 6.198 metres and that the height of the sign is not excessive. The intent of the regulation that requires a 2.44 metre clearance for ground supported signs within a Corner Visibility Triangle (CVT) and Driveway Visibility Triangle (DVT) is to ensure that visibility is maintained for pedestrians, cyclists and automobile drivers. Although the sign is located in the CVT & DVT according to the measurement taken from the lot lines, there is a large boulevard and sidewalk between the lot lines and the street that provide an adequate distance to quell visibility concerns. The sign is located over 10 metres from the roadway and over 7 metres from the sidewalk. Transportation Services has reviewed the application and has no concerns with visibility from the requested reduction in clearance. Therefore, the requested variance meets the intent of the Sign By-law which is to allow for safe ingress/egress to a site without visibility impairment. 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 sign variance. Note that a sign permit will be required for the new sign. Transportation Services Comments: As the sign would not cause any visibility issues, Transportation Services has no concerns with the proposed application subject to the following condition: • As the sign is located in the City of Kitchener Right -of -Way (ROW) the City of Kitchener reserves the right to remove the sign at any time if required at the owner's expense. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 J Staff Report Ki'rCH�. t R Community Services Department wwwkitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Lauren Nelson, Planner (Policy) — 519-741-2200 ext. 7072 WARD: 1 DATE OF REPORT: February 9, 2018 REPORT #: CSD -18-028 SUBJECT: Application A2018-005 — 12 Redtail Street Applicant — Idris and Fauzia Baig Approved with Conditions RECOMMENDATION Location Map: 12 Redtail Street .m That application A2018-005 requesting relief from Section 5.6A.4 c) to allow a deck exceeding 0.6 metres in height to have a minimum setback of 1.5 metres from the rear lot line, whereas 4.0 metres is required, be approved subject to the following condition: 1. A Building Permit is obtained from the City's Building Division for the proposed rear yard deck by September 30, 2018. *** 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 12 Redtail Street is zoned Residential Six (R-6) with Special Provisions 306R and 307R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a deck that is not covered or enclosed, and is 1.1 metres in height. The proposed deck does not comply with the requirements of Section 5.6A.4 c) of the Zoning By-law. The applicant is requesting relief from Section 5.6A.4 c) of the Zoning By-law to allow a deck exceeding 0.6 metres in height to have a minimum setback of 1.5 metres from the rear lot line rather than the required 4.0 metres. City Planning staff conducted a site inspection of the property on February 2, 2018. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Residential in the City's 2014 Official Plan. Portions of the 2014 Official Plan are in effect, with other portions remaining under appeal. Low Rise Residential and Housing objectives and policies that are in effect were considered for this application, and recognize the scale and character of existing development and allow for modest alterations. The requested variance to permit a reduced rear yard setback for the proposed deck is appropriate and will continue to maintain the low density character of the property and surrounding neighbourhood. The requested variance also allows the lands to function appropriately by providing for an amenity area on the property. Staff is of the opinion that the variances meet the general intent of the Official Plan. 2. The requested variance to permit a reduced rear yard setback for the proposed deck meets the general intent of the Zoning By-law. The intent of the 4.0 metres rear yard setback is to provide for outdoor amenity space as well as adequate separation from neighbouring properties. The proposed deck will continue to provide functional outdoor amenity space within the sloped rear yard. Further, the location of the proposed deck provides for separation from neighbouring properties and vegetation has been planted to provide an additional buffer. Staff is of the opinion that the variance meets the general intent of the By-law. 3. The requested variance is minor. It is staff's opinion that the reduced rear yard setback for the proposed covered deck is minimal and will not present any significant impacts to adjacent properties or the surrounding neighbourhood. 4. The variance is appropriate for the development and use of the land. It is staff's opinion that the proposed deck is appropriately sited for the subject property and will provide outdoor amenity space for the owner and adequate separation from abutting residential properties. As such, the reduced rear yard setback will not present any significant impacts to the existing character of the subject property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition 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 rear yard deck. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: No concerns. Engineering Comments: No concerns. Heritage Comments: No concerns. Environmental Planning Comments: No concerns. Lauren Nelson, BES Planner (Policy) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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: John Vos <John.Vos@waterloo.ca> Sent: 07 February, 2018 9:54 AM To: Holly Dyson Subject: Committee of Adjustment applications A-2018-005 and SG -2018-002 Hi Holly, Having reviewed applications A-2018-005 and SG -2018-002, we are satisfied that City of Kitchener staff will ensure proper planning is implemented in their recommendations to the Committee. Kind regards, John ■■■ John Vos, MCIP, RPP Development Planner, Planning Approvals Integrated Planning and Public Works, City of Waterloo 100 Regina Street South PO Box 337, Station Waterloo Waterloo, ON, N2J 4A8 P: 519-747-8527 TTY: 1-866-786-3941 iohn.vos(a)waterloo.ca www.waterloo.ca 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. J Staff Report KITCH��r,R Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Siobhan Kelly Student Planner — 519-741-2200 ext.7074 WARD: 2 DATE OF REPORT: February 12, 2018 REPORT #: CSD -18-029 SUBJECT: A2018-006 — 48 Crosswinds Drive Applicant — 2522935 Ontario Inc c/o Fusion Homes Approved f Subject Lands Location Map: 48 Crosswinds Drive N RECOMMENDATION That Application A2018-006 requesting relief from Section 6.1.1.1 b) iv) of the Zoning By- law to allow a driveway on a corner lot to be located 8.26 metres to the intersection rather than the required 9.0 metres, be approved. REPORT Planning Comments: The subject property located at 48 Crosswinds Drive is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The subject property is located at the intersection of Crosswinds Drive and Valleybrook Drive and the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. property currently contains no structures. The applicant is requesting relief from Section 6.1.1.1 b) iv) of the Zoning By-law for a driveway to be located 8.26 metres from the intersection of the street lines abutting a lot for a single detached dwelling, whereas the By-law requires 9.0 metres. City Planning staff conducted a site inspection of the property on January 26, 2018. Present vacant lot at 48 Crosswinds Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. The proposed variance meets the general intent of the designation, which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced driveway setback for a corner lot continues to maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent to the Official Plan designation and it is the opinion of staff that the requested variance is appropriate. 2. The Applicant has requested a variance to permit a driveway setback of 8.26 metres rather than 9.0 metres from the intersection. The intent of the 9.0 metre driveway separation requirement is to ensure pedestrian and vehicular safety. It is the opinion of staff, that the driveway separation requirement of the Zoning By-law was developed to ensure that corner lots maintain appropriate visibility to and from an intersection so as to ensure safe ingress/egress. The proposed driveway is located to lead directly to a street, respects the minimum 0.6 metres setback to the side lot line, and maintains appropriate DVT (4.57 metres) and CVT (7.5 metres). It is the opinion of staff, that the 0.74 metre reduction meets the general intent of the By-law with respect to safety and visibility. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 8.26 metres. 3. The variance is appropriate for the development and use of the land. The requested variance should not impact the character of the surrounding neighbourhood. Additionally, the orientation of the proposed driveway provides a variation in lot frontage, thus establishing a mix of frontages along Crosswinds Drive. It is the opinion of staff, that the proposed 8.26 metre separation allows for sufficient separation from the driveway and will not impact the subject or adjacent properties. 4. The variance is minor for the following reasons. The proposed reduction would not impact the functionality or visual appearance of the driveway since it would maintain: the corner visibility triangle, driveway visibility triangles, and the required parking separation from the street line. Additionally, the proposed driveway would continue to respect the character of the neighbourhood and the surrounding corner properties as it provides the same width as the attached garage and is located to lead to the municipally addressed street. It is the opinion of staff, that a 8.26 metre driveway setback from the intersecting street lines would not impact access to the intersection for vehicular and pedestrian traffic and could be appropriately applied to the dwelling without compromising safety in the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved Building Comments: No concerns with the proposed application. Transportation Services Comments: No concerns with the proposed application. Engineering Comments: No concerns with the proposed application. Operations Comments: No concerns with the proposed application. Environmental Planning Comments: No concerns with the proposed application. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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. J Staff Report KITCH��r,R Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Siobhan Kelly Student Planner — 519-741-2200 ext. 7074 WARD: 2 DATE OF REPORT: February 12, 2018 REPORT #: CSD -18-030 SUBJECT: A2018-007 — 56 Crosswinds Drive Applicant — 2522935 Ontario Inc c/o Fusion Homes Approved CROSSWAYS OR Location Map: 56 Crosswinds Drive M IN RECOMMENDATION That Application A2018-007 requesting relief from Section 6.1.1.1 b) iv) of the Zoning By- law to allow a driveway on a corner lot to be located 4.99 metres to the intersection rather than the required 9.0 metres, be approved. *** 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 56 Crosswinds Drive is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The subject property is located at the bend of Crosswinds Drive and the property currently contains the dwelling foundation and framing. The applicant is requesting relief from Section 6.1.1.1. b) iv) of the Zoning By-law for a driveway to be located 4.99 metres from the intersection of the street lines abutting a lot for a single detached dwelling, whereas the By-law requires 9.0 metres. City Planning staff conducted a site inspection of the property on January 26, 2018. %MW Present development at 56 Crosswinds Drive. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. The proposed variance meets the intent of the designation which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced driveway setback for a corner lot continues to maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan designation and it is the opinion of staff that the requested variance is appropriate. 2. The Applicant has requested a variance to permit a driveway setback from the intersection of 4.99 metres rather than 9.0 metres. The intent of the 9.0 metre driveway separation requirement is to ensure pedestrian and vehicular safety. It is staffs opinion that the driveway setback requirement of the Zoning By-law was developed to ensure that corner lots maintain appropriate visibility triangles and sufficient access to the intersection. The proposed driveway respects the minimum 0.6 m setback to the side lot line and maintains appropriate DVT (4.57 metres) and CVT (7.5 metres). Transportation Planning staff has also indicated that due to the alignment of the intersection, which is not the typical 90 degree intersection, the reduced driveway setback would not have any adverse impacts on visibility. It is the opinion of staff, that the 4.01 metre reduction meets the general intent of the Zoning By-law with respect to safety and visibility. 3. The variance is appropriate for the development and use of the land. The requested variance should not impact the character of the surrounding neighbourhood. Additionally, the orientation of the proposed driveway provides a variation in lot frontage, thus establishing a mix of lot frontages along Crosswinds Drive. It is the opinion of staff, that the proposed 4.99 metre separation allows for sufficient separation from the driveway and will not negatively impact the adjacent property or neighbourhood. 4. The variance is minor for the following reasons. The proposed reduction would not negatively impact the functionality or visual appearance of the proposed driveway since the driveway would maintain: the same width as the parking spaces, the corner visibility triangle, driveway visibility triangles, and the required separation from the side lot line. The adjacent property to the north-east would be located 2.44 metres away from the proposed driveway. However, this separation exceeds the required side yard setback of 1.2 metres as it provides a separation of 2.0 metres. It is the opinion of staff, that a 4.99 metre driveway setback from the intersecting street lines would not negatively impact access to the intersection for vehicular and pedestrian traffic and could be appropriately applied to the dwelling without compromising the intent of the By-law and without causing impacts on the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved Building Comments: No concerns with the proposed application. Transportation Services Comments: No concerns with the proposed application. Engineering Comments: No concerns with the proposed application. Operations Comments: No concerns with the proposed application. Environmental Planning Comments: No concerns with the proposed application. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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 February 201h, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Technical Assistant — 519-741-2200 ext. 7843 2 February 13th, 2018 CSD -18-031 A2018-008 — 1087 Weber Street East Applicant — Ming Cheng Approve with Conditions That application A2018-008 requesting permission to locate a financial establishment in an existing commercial/residential dwelling having a lot width of 12.3 metres rather than the required 16 metres; a westerly side yard setback of 0.6 metres rather than the required 3 metres; an easterly side yard setback of 1.8 metres rather than the required 3 metres; a rear yard setback of 6 metres rather than the required 7.5 metres; and, a front yard setback of 4.5 metres rather than the required 6 metres be approved, subject to the following conditions: 1. That a building permit is obtained from the Building Division to address the conversion of the building from a residential use to a commercial use. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Financial Establishment use on the property. 3. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 4. That a sign permit is obtained from the Planning Division for the existing ground - supported and fascia signs on site. 5. That a business license is obtained for the Financial Establishment from the Licensing Division to the satisfaction of the Manager of Licensing. 6. That all conditions shall be completed prior to August 31St, 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. oT7 REPORT 10S3 Location Map: 1087 Weber Street East 1095 Planning Comments: The subject property is zoned Arterial Commercial (C-6) in the Zoning By-law 85-1, designated Commercial in the 2014 Official Plan, and Mixed Use Node in the 1994 Official Plan. City Planning staff conducted a site inspection of the property on January 26th, 2018. The applicant is requesting permission to legalize the setback and lot width regulations for an existing building to be used as a commercial financial establishment with one dwelling unit. The applicant is requesting relief from section 12.2.1 of the Zoning By-law to allow for a lot width of 12.3 metres rather than the required minimum lot width of 16 metres, a left yard setback of 0.6 metres rather than the required minimum setback of 3 metres, a right yard setback of 1.8 metres rather than the required minimum of 3 metres, a rear yard setback of 6 metres rather than the required minimum of 7.5 metres, and a front yard setback of 4.5 metres rather than the required minimum of 6 metres. 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 Commercial in the current Official Plan (2014), and Mixed Use Node in the previous Official Plan (1994). The policies for Commercial land use designations in the 2014 Official Plan are under appeal. As a result, staff will be relying on the Mixed Use Node policies in the 1994 Official Plan to determine conformity. The provisions of the Mixed Use Node designation in the 1994 Official Plan generally favour the mixing of residential units within commercial developments, and achieving built form that is compatible with low rise residential development. Staff is of the opinion t 099 , Planning Comments: The subject property is zoned Arterial Commercial (C-6) in the Zoning By-law 85-1, designated Commercial in the 2014 Official Plan, and Mixed Use Node in the 1994 Official Plan. City Planning staff conducted a site inspection of the property on January 26th, 2018. The applicant is requesting permission to legalize the setback and lot width regulations for an existing building to be used as a commercial financial establishment with one dwelling unit. The applicant is requesting relief from section 12.2.1 of the Zoning By-law to allow for a lot width of 12.3 metres rather than the required minimum lot width of 16 metres, a left yard setback of 0.6 metres rather than the required minimum setback of 3 metres, a right yard setback of 1.8 metres rather than the required minimum of 3 metres, a rear yard setback of 6 metres rather than the required minimum of 7.5 metres, and a front yard setback of 4.5 metres rather than the required minimum of 6 metres. 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 Commercial in the current Official Plan (2014), and Mixed Use Node in the previous Official Plan (1994). The policies for Commercial land use designations in the 2014 Official Plan are under appeal. As a result, staff will be relying on the Mixed Use Node policies in the 1994 Official Plan to determine conformity. The provisions of the Mixed Use Node designation in the 1994 Official Plan generally favour the mixing of residential units within commercial developments, and achieving built form that is compatible with low rise residential development. Staff is of the opinion that the proposed variance aligns with these policies and therefore meets the general intent of the Official Plan. 2. The requested variances for rear, side and front yard setbacks meet the intent of the Zoning By-law. The intent of the minimum yard setback requirements is to ensure that there is adequate separation of commercial buildings to adjacent properties and to ensure that there is enough space on site for a commercial business to function. In this situation, the primary building on site was built as a residence and has been existing in that location since prior to 1960. Staff believes that using the existing building with deficient yard setbacks for a Financial Establishment (a permitted use in the C-6 zone) will not have an adverse impact on adjacent commercial properties and that the site will be able to function adequately as a commercial business. Therefore, Staff is of the opinion that the requested variances for reduction in yard setbacks meet the intent of the Zoning By-law. The intent of the regulation that requires 16 metres of lot width in the C-6 Zone is to ensure that site functionality can be maintained and that there is adequate space for parking. In order to address these issues, the applicant is proposing to locate the required parking stalls at the rear of the property which can be accessed from a rear yard laneway. The applicant has provided a proposed site plan drawing (shown below) showing the proposed parking spaces. Establishing these parking spaces through a site plan application is a condition of this variance application. Planning staff believes that the intent of the Zoning By-law will be maintained as parking and site functionality can be sustained. VVEBER STREET EAST 0 ward[ I I I I T L_... Rear Yard Laneway Proposed Site Plan View of Existing Building 3. The proposed variances are considered appropriate for the development and use of the lands. The use of the property as a Financial Establishment is a permitted use in the C-6 zone, and all requested variances represent the size of lot and placement of buildings that have existed for over 50 years. The applicant is not proposing to expand the size or scale of any buildings on the property. 4. The variances are considered minor because the deficiencies of lot width and yard setbacks are slight and staff believes there will not be any major impacts to adjacent land owners. 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 any renovations or change of use (ie. Residential to office) to existing building is under building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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. J Staff Report KITCH��r,R Community Services Department www.kifcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 9 DATE OF REPORT: February 12, 2018 REPORT #: CSD -18-032 SUBJECT: Application A2018-009 — 211 Strange Street Applicant — George Sedra / In -Trend Home Solutions Approve with Condition Location Map: 211 Strange Street RECOMMENDATION That application A2018-009 requesting relief from Section 32.3.4 to permit a reduced front yard setback of 4.16 metres, whereas 4.5 metres is required; Section 32.3.4 to legalize the existing side yard setback of 2.79 metres, whereas 3 metres is required where the driveway is located in the side yard; Section 32.3.4 to legalize the existing side yard setback of 0.183 metres, whereas 1.2 metres is required; Section 5.5.2 c) to legalize an existing side yard setback of 0.497 metres for an accessory structure, whereas 0.6 metres is required; and Section 6.1.1.1 b) i) to permit a reduced off-street parking setback *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. of 1.5 metres, whereas 6 metres is required, be approved, subject to the following condition: 1. That the Owner obtains a building permit for the enclosed front porch. REPORT Planning Comments: The subject property is designated Community Institutional in the K -W Hospital Secondary Plan and zoned Community Institutional Zone (1-2) in Zoning By-law 85-1 with Special Use Provision 102U, which permits a medical laboratory. The property is currently developed with a single detached dwelling and the Applicant is proposing to legalize the existing enclosed front porch, which was constructed without a building permit. As such, the Applicant is requesting a reduced front yard setback and to legalize a number of existing non -compliances. Staff notes the requested side yard setback of 0.183 metres was measured from the eaves of the existing dwelling, confirming there is no encroachment onto the adjacent property. Staff further notes that steps giving access to the man door on the side of the house previously encroached into the driveway, necessitating the reduced off-street parking setback. These steps have since been removed, per the picture below. It is unknown whether the Applicant intends to reconstruct these stairs. City Planning staff conducted a site inspection of the property on February 8, 2018. ffi Subject Property: 211 Strange Street 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 Community Institutional in the K -W Hospital Secondary Plan. The proposed variances meet the general intent of the designation, which permits a limited range of uses including single detached dwellings. Given that the purpose of the requested variances is to legalize existing non -compliances, the minor changes will maintain the low density character of the property and surrounding neighbourhood. As such, staff is satisfied the proposed variances meet the intent of the Official Plan and it is the opinion of staff that the requested variances are appropriate. 2. The requested variance to permit a reduced 4.16 metre front yard setback, whereas 4.5 metres is required, meets the general intent of the Zoning By-law. The intent of the 4.5 metre front yard setback is to provide separation between the structure and the street line. As this setback is existing and the purpose of the variance is to legalize the existing front porch, staff is satisfied the reduction of 0.34 metres from the required 4.5 metres will maintain adequate separation. The requested variance to legalize the existing 2.79 metre side yard setback, whereas 3 metres is required where the driveway is located in the side yard, meets the general intent of the Zoning By-law. The intent of the 3 metre side yard setback is to ensure there is enough space for the driveway while maintaining separation between the building and neighbouring property. As the proposed side yard setback is existing, staff is satisfied the reduction of 0.21 metres meets the general intent of the Zoning By-law. The requested variance to legalize the existing 0.183 metre side yard setback, whereas 1.2 metres is required, meets the general intent of the Zoning By-law. The intent of the 1.2 metre side yard setback is to ensure there is adequate separation between the dwelling and adjacent properties, maintain access to the rear yard, and ensure no portion of the eaves encroach onto adjacent properties. As this setback is existing, staff is satisfied there is adequate separation and that rear yard access is provided by the 2.79 metre side yard on the opposite side of the house. Further, the requested setback was measured from the eaves confirming there are no encroachments. As such, staff is satisfied the requested variance meets the general intent of the Zoning By-law. The requested variance to legalize the existing 0.497 metre side yard setback for an accessory structure, whereas 0.6 metres is required, meets the general intent of the Zoning By-law. The intent of this setback is to ensure there is adequate separation between the structure and the lot line to allow for maintenance of the structure without encroaching onto the neighbouring property. As the structure and setback are both existing, staff is satisfied the reduction of 0.103 metres will continue to provide adequate separation for maintenance of the structure and therefore meets the general intent of the Zoning By-law. The intent of the 6 metre off-street parking setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The reduced setback of 1.5 metres will maintain a vehicle's ability to park safely without affecting the City's right-of-way, therefore staff is satisfied the requested variance meets the general intent of the Zoning By-law. 3. The variances can be considered minor as the reduced front yard, side yard, and off- street parking setbacks will not present any significant impacts to adjacent properties and the overall neighbourhood. The purpose of these variances is to legalize existing conditions in order to facilitate the legal reconstruction of the existing enclosed front porch. As such, the impact of these variances will be negligible. 4. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. No major changes are proposed to the scale, massing and height of the subject building, therefore it will not negatively impact the existing character of the subject property or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. A building permit has been applied for and is currently under review for the proposed front yard enclosed porch. Transportation Comments: Transportation Services have no concerns with the proposed application. Heritage Comments: No objections. For information: 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 211 Strange St. is advised that the property is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage and Policy Planner for more information. Environmental Planning Comments: As no new construction is proposed, Environmental Planning has no concerns. Catherine Lowery, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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 rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 1 DATE OF REPORT: February 8, 2018 REPORT #: CSD -18-033 SUBJECT: A2018-010 — 7 Peachwood Court Applicants — Alexander Persaud, Leeanne Persaud, Daniel Persaud Approved with Conditions Location Map: 7 Peachwood Court RECOMMENDATION That minor variance application A2018-010 requesting relief from Section 6.1.1.1 b) i) to allow the required parking space for the proposed duplex dwelling to be setback 2.0 metres from the street line rather than the required 6.0 metres and; relief from Section 6.1.1.1 b) iv) to legalize the existing driveway located 6.94 metres from the intersection of the street lines, whereas 9.0 metres is required; be approved, subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1. A building permit is obtained from the City's Building Division for the conversion of a single detached dwelling to a duplex dwelling by September 1, 2018. REPORT Planning Comments: The subject property located at 7 Peachwood Court is zoned Residential Three (R-3) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to convert the single detached dwelling to a duplex dwelling. By converting the single detached dwelling to a duplex dwelling the subject property can no longer meet the requirements of Section 6.1.1.1 b i) of the Zoning By-law, as the previous owners converted the garage to living space without obtaining City approval. The applicant is requesting relief from Section 6.1.1.1 b i) of the Zoning By-law to allow the one required parking space for the proposed duplex to be located in the driveway setback 2.0 metres from the street line rather than the required 6.0 metres. The applicant is also requesting relief from Section 6.1.1.1 b) iv) to legalize the existing driveway located 6.94 metres from the intersection of the street lines, whereas 9.0 metres is required. City Planning staff conducted a site inspection of the property on January 25, 2018. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. The subject property is designated Low Rise Residential in the City's Official Plan. This designation permits low density forms of housing such as duplex dwellings. The proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential areas. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance to legalize the location of the one required parking space and location of the driveway from the intersection of the street lines meet the general intent of the Official Plan. 2. The requested variance to legalize the off street parking space 2.0 metres from the street lot line meets the general intent of the Zoning Bylaw. The reduction of 4.0 metres from the required 6 metres is minor. The intent of the 6.0 metre required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right-of-way and surrounding properties. The request to legalize the existing legalize the existing driveway located 6.94 metres from the intersection of the street lines, whereas 9.0 metres is required also meets the general intent of the Zoning Bylaw. The reduction of 2.06 metres from the required 9.0 metres can be considered minor. The intent of the 9.0 metre setback is to ensure that there are no obstructions within the corner visibility triangle, and ensuring vehicles entering and exiting the intersection can do so safely. It is not anticipated that any negative impacts on the adjacent residential properties will result from the variances required therefore, the intent of the Zoning Bylaw continues to be maintained. 3. The variances can be considered minor as it is the opinion of staff that the required parking space can continue to be accommodated on site in a safe manner. Both the reduced setback of 2.0 metres for the required parking space and 6.94 metres from the intersection of the street lines will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variances are appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The requested minor variances are necessary as they will legalize the driveway and location of the required parking space on the driveway. 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 provided a building permit must be obtained for the conversion of the garage into living space (constructed without a permit). Please contact the Building Division @ 519-741-2433 with permit requirements and any questions Transportation Services Comments: No Concerns. Engineering Comments: No Concerns. Heritage Comments: No Concerns. Tim Seyler, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning LAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: January 31, 2018 YOUR FILE: RE: Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca See below A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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, DeX Beth Brown Supervisor of Resource Planning *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 KZTCHF':R Community Services Department wmkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 9 DATE OF REPORT: February 13, 2018 REPORT #: CSD -18-034 SUBJECT: Application A2018-011 - 241 — 247 Ottawa Street South Applicant — Thomas Tran Owner — Edmund Kent Jr Approved with Conditions L A l kAdw Photo 1: Aerial (2017) *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATION That application A2018-011 requesting permission for the existing commercial building to have a personal service use with a minimum of 141 square metres of office use rather than the required 4700 square metres of office use; for a personal service use to occupy 50% of the commercial space rather than the maximum 20%; to legalize the building at the rear of the property having an easterly side yard setback of 0.1 metres rather than required 1.2 metres; and, a rear yard setback of 0.06 metres rather than the required 7.5 metres; to legalize the existing stairs and platform to be located 0 metres from the easterly lot line rather than the required 0.75 metres; and, to permit 2 off-street parking spaces for the business to be located in tandem whereas the By-law requires parking spaces for businesses to be independently accessible, be approved subject to the following conditions: That a Zoning (Occupancy) Certificate is obtained from the Planning Division for any business proposed for the commercial building; 2. That Site Plan approval is obtained from the Planning Division; and that it notes that the tandem parking spaces are to be utilized by the employees; 3. That an encroachment agreement is obtained for the stairs, platform, steel beam and detached shed located on City lands or that the encroaching items be removed from the City owned lane; 4. That a building permit be obtained from the Building Division for the renovation of the building in the rear yard; and, 5. That the Conditions noted above be completed no later than May 31, 2018. REPORT Planning Comments: The subject property located at 241 — 247 Ottawa Street South on the south side of Ottawa Street, west of Courtland Avenue East. It is zoned CR -1 (Commercial -Residential One) in By- law 85-1 and is designated Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan of the City's 1994 Official Plan. City Planning staff conducted a site inspection of the property on February 7, 2018. There are two buildings located on the property. The building at the front contains two dwelling units and has recently gone through the building permit process to legalize the use. The building at the back is a two to three storey commercial building that was previously used for a legal non- conforming use of production and sale of signs. Photo 2: View from Ottawa Street (with City -owned lane to left of 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 offers the following comments. The property is designated Low Density Commercial Residential within the Mill Courtland Woodside Park Secondary Plan of the City's 1994 Official Plan. The designation recognizes existing areas of small-scale commercial and residential development as well as allowing for low rise, low density redevelopment of such areas with commercial and residential uses and permitting commercial uses with a limited amount of personal services. The requested variances are appropriate and continue to maintain the mixed use character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan and therefore it is the opinion of staff that the requested variance is appropriate The applicant proposes variances to permit the personal service use as outlined above. The intent of restricting the area of a personal service use to 20% of the gross floor area of the building is to encourage mixed residential -commercial buildings that are developed with an appropriate balance between residential and commercial for the property and surrounding area. The proposed gross floor area for the spa will meet a regulation that states that it be less than 550 sq.m. The conversion of the building from legal -conforming manufacturing of signs to a mix of personal service and office uses meets the general intent of the Zoning By-law and can be considered minor. The proposed variance to permit two parking spaces to be in tandem meets the general intent of the Zoning By-law and can be considered minor. The two tandem parking spaces shown on the submitted plan as spaces #1 and #2 are to be for the use of employees only. As these spaces can be monitored and controlled for employee use only, there would be no inconvenience to the clients using the building. Transportation Planning staff is in support of this variance and requests that the spaces be noted and signed for employees. This request can be a condition of the Site Plan approval (Condition #2 noted above). The proposed variances to the setbacks of the building in the rear yard meet the general intent of the Zoning By-law and are considered minor. The variances are to acknowledge a building that has existed prior to 1964 (as shown on the survey for the property). As the previous use of the building was legal non -conforming manufacturing, the setbacks were also considered legal non -conforming. The variances are to legalize the existing building only for the conversion to permitted uses in the CR -1 zone. There are very few windows or doors facing the rear or side lot line and therefore tenants of the building will not negatively impact the use of the abutting properties by having a view over the adjacent lands. As noted previously, the building has existing at least 50 years and there have been no complaints received. Therefore, based on above comments, staff is of the opinion that the building setback variances are appropriate. Photo 3: Commercial building in rear yard (with stairs/landing/shed over City lane) J As noted on the 1964 survey, the steps, platform and a steel beam encroach onto City lands which were formerly a travelled lane leading behind the houses on Courtland Ave and Lilac Street. The lane still belongs to the City and there is no record of an encroachment agreement for the structures shown on the survey. As well, a site visit discovered a detached shed located on the lane (see photo 2) and was advised by the applicant that it was used for storage. It is recommended that as a condition, all structures located on City lands obtain approval through an encroachment agreement with the City or be removed from the lane. All variances noted above are appropriate for the development and use of the land. The personal service use will be located in a building on a property in a zone that permits the redevelopment for a mix of commercial and residential uses and is more appropriate that the previous legal non- conforming use of manufacturing. The parking variance for two tandem spaces is for employees only. The building setback variances acknowledge the existing building only. It is staffs opinion that the variances will not negatively impact the existing character of the property or the surrounding streetscape. 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. Photo 4: View from Ottawa Street (with driveway for duplex use to the right of dwelling) Building Comments: The Building Division has no objections to the proposed variance provided any renovations or change of use (i.e.: residential to retail) to existing building is under building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services would support this application subject to the following condition: Parking space #1 to be utilized by the employees. This should be noted on the site plan Engineering Comments: No concerns. Heritage Planning Comments: No heritage planning concerns. Policy Planning (Secondary Plan): The subject properties are located within the Mill Courtland Woodside Park Secondary Plan. The City will be commencing a secondary plan review in the future. The land use and zoning of the properties are subject to change. For more information, please contact Lauren Nelson, Planner (Policy), by phone (519-741-2200 ext. 7072) or by email (lauren.nelson(a)kitchener.ca) Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the PARTS implementation process. The subject site is within the Focus Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan' consideration of the minor variance. Environmental Planning Comments: As no new construction is proposed we have no concerns. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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: February 201h, 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: 2 DATE OF REPORT: February 13th, 2018 REPORT #: CSD -18-035 SUBJECT: A2018-012 — 481 Rivertrail Avenue Applicant — Patrick Haramis Approve with Condition 489 491 493 RECOMMENDATION R4 597R Location Map: 481 Rivertrail Avenue That application A2018-012 requesting permission to construct a single detached dwelling having a westerly side yard setback of 0.8m rather than the required 1.2m be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division for the proposed single detached dwelling. *** 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 481 Rivertrail Avenue is zoned Residential Four (R-4) with Special Regulation Provision 597R 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 February 91" 2018. The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow for a side yard setback of 0.8 metres for a single detached dwelling rather than the required minimum side yard setback of 1.2 metres. 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 requested variance for reduction in side yard setback does not interfere with the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires a minimum side yard setback of 1.2 metres is to ensure that there is adequate separation of dwellings and to provide enough space for property owners to access the rear yard and perform maintenance on the side of the dwelling structure. Staff believes that the proposed 0.8 metre side yard setback will be sufficient to provide rear yard access and side yard maintenance, and that an adequate separation of dwellings will continue to be maintained. Staff would like to note that the subject property is adjacent to a narrow frontage stub that is part of a large site with potential to be redeveloped as a multiple dwelling site. The requested variance for reduction in side yard setback is for the westerly side yard which would directly abut the narrow frontage stub likely to be used as an access for the multiple dwelling. Therefore there is potential that no dwelling structure will be located adjacent to the subject side yard, which further reduces concerns of adequate separation of dwelling structures. Staff is of the opinion that the requested variance will provide adequate separation of dwellings and sufficient yard access and therefore meets the intent of the Zoning By-law. The proposed variance is considered appropriate for the development and use of the lands. The surrounding neighbourhood is comprised of a mix of dwelling types with various yard setbacks. Staff believes that the proposed variance will not have an adverse effect on the surrounding neighbourhood. 4. The variance is considered minor because the applicant is asking for a small reduction side yard setback that will not reduce the functionality of the property and use of lands. 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 proposed single detached dwelling. Note that the west walls with a setback less than 1.2m to the property line will require a3/4 hour fire rating- this will be reviewed under the plans review. Please contact the building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No concerns. Eric Schneider, BES Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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. , I Tc� ►� .R Staff Report Community Services Department wm kitcheneua REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: February 12, 2018 REPORT NUMBER: CSD -18-036 SUBJECT: Application A2018-013 - 65, 71, and 79 Madison Avenue South Owner - Node Kitchener Inc. Applicant — Victor Labreche, Labreche Patterson & Associates Approve Subject Property: 65, 71, and 79 Madison Avenue South RECOMMENDATION: That Application A2018-013 requesting relief from Section 40.2.6 to permit a maximum building height of 17.16 metres whereas 10.5 metres is permitted, and requesting relief from Section 40.2.6 to permit a maximum floor space ratio of 0.849 whereas a maximum of 0.6 is permitted, and requesting relief from Section 6.1.2.a) to permit an off-street parking rate of 1.05 spaces per unit whereas 1.05 spaces is required, be approved. Staff Report KITcx t K4;��R Community Services Department wmkitcheneua Report: Application A2018-013 is seeking minor variances for the future redevelopment of this property with a 38 unit four storey multiple dwelling building. Specifically, the following relief is being sought as part of this application; • Relief from Section 40.2.6 to permit a maximum building height of 17.16 metres whereas 10.5 metres is permitted, • Relief from Section 40.2.6 to permit a maximum floor space ratio of 0.849 whereas a maximum of 0.6 is permitted, and • Relief from Section 6.1.2.a) to permit an off-street parking rate of 1.05 spaces per unit whereas 1.25 spaces is required. MADISON AVENUE E 541m. £ 1 u•.° 4EL E' FROM SEOTION402$OF IIG DY.LAWa&1, W19GH �� ROOVfPE9 A MPJIIMVM FLOOR PROPOSED oIPACE RATID OF O.S. WHEREAS A 4STOREY + MAS EMENT L I POPOSED. SPAPERATb OFO 04 IS R 36 NMT MULTIPLE DWELLING — xaar FTS RELIEF FROM SECTION EL 12.) OFZQMNGRY-LAWW_- IN WCH b PEQUIRLS A PARKNO RATE OF 1.25 SPACES PERfWELLING -8S UNIT RESULTING IN THE REQUIREMENT FOR GB PARKM SPACES, WHEREAS I-69 'PA"' PEROWELLINOUNR RESULTING 0433'19'10E 28.9ft �e9 ggpp IN 40 PARKING SPACES IS I •�� it PROPOSED. 1 RELIEF FROM SECTION 40.2.6 OF ZONING BYLAW 851, WHICH REOUIRESA MAXIMUM 8N4DING HEKaI-IT OF 16.5 R METRES, WHEREAS A Bl11LO1NG HEIGHT OF 17. W METRES 19 N�oA PROPOSED. . - SNb N33W4aE 9399. MINOR VARIANCE SKETCH 65-79 MADISON AVENUE SOUTH, LaFxachaPattarEon&Associates lRc. A KITCHENER, ONA� uu1_.��u[sr�ww W'ApaiM yµ INPWNCiLE'PROVIDED oxo[cFMeEx ae2olr FiLc 2xnn�wcs SG,LE I.SW IPAPERERE:l5�11I iFc!Jerr vo r3�i Proposed Development Concept (Proposed Site Plan) Planning Comments: The subject properties are designated as Low Rise Multiple Residential in the Cedar Hill Secondary Plan in the City's Official Plan and zoned as Residential Six (R-6) in Zoning By-law 85-1. A site inspection was undertaken on December 8, 2017. , Staff Report I R Community Services Department wm kitcheneua Existing Buildings (65, 71, and 79 Madison Avenue) Source: Google Streetview Image The lands are shown as a Major Transit Station Area Intensification Area in the new Official Plan and were identified as part of the Recommended Focus Area in Phase 1 of the Planning Around Rapid Transit Stations (PARTS) work. The lands are within the Council -endorsed PARTS Central Plan and are shown on the Preferred Plan (Land Use Map) as Medium Rise Residential. If the land use designated of the lands was amended, as outlined in the PARTS Central Plan, the land use designation would permit a multiple dwelling with up to 8 storeys in height, and a Floor Space Ratio (FSR) of between 0.6 and 2.0. New draft parking and bicycle regulations for PARTS areas were developed as part of the Comprehensive Review of the Zoning By-law (CRoZBy) based on the PARTS Phase 2 Transportation Demand Management corridor -wide review. It is noted that these reports, draft regulations, and proposed land use designations have not been formally implemented or fully approved, therefore Planning staff rely on the existing Official Plan policies and zoning regulations in place when considering this application. Staff will be implementing the land use recommendations of the PARTS Central Plan through an Official Plan Amendment to incorporate updated Secondary Plans. Updated zoning, urban design guidelines, and heritage framework will also occur. This will be done via a neighbourhood -specific engagement process in accordance with the Planning Act requirements for an Official Plan and Zoning By-law amendment which is required to implement a `Medium Density Residential' land use designation for the subject lands. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The requested variances meet the general intent of the Cedar Hill Secondary Plan and the City's Official Plan. Portions of the 2014 Official Plan for the City of Kitchener are under appeal. The Cedar Hill Secondary Plan is in effect and was not reviewed as part of the new Official Plan. The City will be commencing a secondary plan review in 2018. Policy 13.3.1.4 of the Cedar Hill Secondary Plan references Parts 1, 2, 4, and 5 of the 1994 Official Plan. , Staff Report I .R Community Services Department wm kitcheneua These sections were updated or replaced by sections of the 2014 Official Plan, which were considered as part of the analysis of the application. Permitted uses in the Low Rise Multiple Residential include single detached dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential care facilities, home businesses and private home day care. Currently, redevelopment proposals are permitted with a maximum density of 40 units per hectare and a maximum Floor Space Ratio shall be 0.6. Multiple dwellings are permitted to exceed 40 units per hectare on an individual site provided the Floor Space Ratio of 0.6 is not exceeded. Where minor variance are requested to facilitate residential intensification or a redevelopment of lands, Housing Policies in the new Official Plan require that the overall impact of the minor variances be reviewed to ensure that any new buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood, that new buildings are sensitive to the exterior areas of adjacent properties, that appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy, that the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site, and that the impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. The Official Plan also requires that residential intensification within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. The proposed building is four storeys in height adjacent to the walkway block, where the corner of the proposed building is located closest to a neighbouring property, being a two and half storey building on the opposite side of the existing publically-owned walkway block. The approximately 6.0 metre wide walkway block, coupled with a side yard setback of between approximately 3.0 to 5.0 metres, will result in a setback of approximately 9.0 to 11.0 metres from the closest private property line. The building is also setback 10.051 metres from the Madison Avenue streetline to provide an adequate setback from properties across Madison Avenue. The tallest part of the building, where the lower level is exposed, is located facing the parking area. The parking area provides separation to the property to the northeast, which will be adequately screened with a visual barrier. The lands adjacent to the rear of the property are publically owned and include Kaufman Park and Cameron Heights Collegiate Institute, which are on lands which have a significantly lower elevation. To address compatibly with the surrounding community, Planning staff will work through the site plan approval process to ensure that traditional building materials which are found throughout the neighbourhood, such brick and metal, will be used in the design of the proposed building. The intent of the Official Plan to provide an overall low density community is maintained and the proposed building is compatible with the surrounding neighbourhood. There are , Staff Report I .R Community Services Department wm kitcheneua various forms of low rise buildings found through the immediate area included single detached and duplex dwellings as well as multiple dwellings ranging from two to five storeys. The preliminary design of the site has been developed to ensure that there are no unacceptable adverse impacts for adjacent properties. An appropriate supply of off- street parking is proposed, as well as incentives for alternative transportation options including a car share space and a minimum of 1 secure bicycle parking spaces per unit. Adequate amenity space will be provided on the roof top terrace facing the parkland in the rear, and sufficient landscaped areas will be provided for screening with fencing and landscaping as well as snow storage. With respect to Housing policies in the City's Official Plan, the proposed development provides a mix of residential housing types and styles to the existing community. The City encourages different housing options to be dispersed both across the city as a whole and within neighbourhoods. It is Planning staff's opinion that the general intent of the Official Plan is maintained The requested variances meet the general intent of the Zoning By-law. Relief is being requested to permit a building height of 17.16 metres whereas 10.5 metres is permitted. For multiple dwellings, the maximum building height is measured from the highest finished grade. The Zoning By-law permits an increase in building height from the lowest finished grade, which is a maximum of 110% of the maximum building height of the applicable zone. In this case, the corner of the building located nearest to the closest neighbouring property (northwest corner) is approximately 12.0 metres high, which is an increase of 1.5 metres more than currently permitted in the Residential Six (R-6) zone. The penthouse level (stairwells and elevator penthouse) add an additional height of 3.8 metres at the centre of the building only, but antennae, chimneys, spires, cupolas, elevator penthouses, or other similar features are not included in calculating building height. The tallest corner of the building, facing the parking area where the lower level is exposed, is 14.943 metres high (not including the penthouse). Based on the permitted building height of 11.55 metres (110% of 10.5 metres), the proposed building is an additional 3.393 metres taller than currently permitted. The intent of the building height regulation is to ensure that buildings are compatible in height with the surrounding community. In this case, the topography of the neighbourhood varies, and the built form throughout the community is mixed. Some of the surrounding buildings are located on lands with a higher elevation than the subject lands, and due to the topography of the community, many dwelling are situated on lands which require retaining walls and are higher than the elevation of the street. There are also properties which are situated at a lower elevation than the subject lands, and a building with a height of 10.5 metres would be much taller than properties at the lower elevation. The requested building height accommodates the proposed roof -top amenity area, which will be designed to face the parkland, and will be screened from adjacent residential uses. , Staff Report I R Community Services Department wm kitcheneua Front Elevation of Proposed Building Proposed Grade Relief is also requested to permit a maximum floor space ratio of 0.849 whereas a maximum of 0.6 is permitted. The intent of the Floor Space Ratio regulation is to regulate the overall mass of a building. The entire lower level is included in the FSR calculation, however only a portion is exposed. In this case, there are a few building and site design elements that are being employed to ensure the compatibility of the overall building with the community. Only a portion of the lower level is exposed and a portion is located either below grade or will appear to be below grade. The mechanical penthouse and roof access has been located in the centre of the building so it is not in view from street level. Increased setbacks from the northwest side (including the walkway block), from the Madison Avenue streetline, and from the northeast property (parking area and landscape buffer) will help to limit the overall appearance of the building mass. Finally, relief is also requested to permit an off-street parking rate of 1.05 spaces per unit including 10% visitor parking whereas 1.25 spaces is required. The intent of requiring minimum parking requirements for a development is to ensure that suitable parking meets can be met on site and not encumber the surrounding community. In this case, the developer is proposing to implement Transportation Demand Management best practice measures to reduce parking demands, including; providing additional secure bicycle parking at a rate of at least 1 space per unit, providing six outdoor visitor's bicycle parking spaces, and designating a parking space for a future car share vehicle. It is Planning staff's opinion that the general intent of the Zoning By-law is met with these requested variances. �, Staff Report KJ ►�.R Community Services Department wm kitchenerca The requested variances are minor. The zoning deficiencies can be adequately addressed through the placement and orientation of the building, good building design and materials, site layout, and enhanced landscaping and buffering. There is separation between the proposed building and the surrounding properties and the design features adequate on-site amenity and landscape buffers. The mass of the buildings has been arranged to meet the intent of the design objectives for this property. It is the opinion of Planning staff that the variances are minor. The variances are appropriate for the development and use of the land. The requested variances will allow for the development of the property with a new residential use that is complementary to the surrounding community. It is the opinion of Planning staff that the variances are appropriate Transportation Comments: Transportation Services have no concerns with the proposed application. Considering the parking justification provided, Transportation Services support the proposed parking rate of 1.05 spaces per dwelling unit resulting in a total of 40 parking spaces. Building Comments: The Building Division has no objections to the proposed variance. Engineering Comments: Engineering staff have no concerns. Heritage Comments: Heritage Planning staff has no concerns with the application. Please note that the subject properties are located adjacent to a listed property municipally addressed at 301 Charles St S. Heritage Planning staff is of the opinion that the minor variance application will not adversely impact the listed heritage building. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landscape 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 owners of the properties municipally addressed as 65, 71 & 79 Madison Ave. S are advised that the properties are located within the Cedar Hill Neighbourhood CHL. The owners 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 and Policy Planner for more information. �, Staff Report ITc� ►�.R Community Services Department wm kitchenerca Environmental Planning Comments: A Tree Management Plan is required as part of the Site Plan approval process and any environmental concerns will be addressed by the City's Urban Designer. Garett Stevenson, BES, MCIP, RPP Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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: February 20, 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: February 8, 2018 REPORT # CSD -18-037 SUBJECT: Application #: A2018-014, 223-235 Heiman Street Applicant: MHBC Planning Approve RECOMMENDATION That application A2018-014 requesting relief from Section 41.2.1 of the Zoning By-law to permit a Floor Space Ratio (FSR) of 1.16 whereas the Zoning By-law allows 1.0 be approved without conditions. ,42;�,'. 3 r C► �i \, r 194 r f If 49 l V20,6 49 f Ca fib 'd.."I 6553 a 216- Y I 41 ,I f 61 572-,1 226', t> 5: 209 MiDZE 234 >' v 4' t Irj 1 2 223 `/ 2 30 k� 4RK-LAKESIDE nzinger Park .7 Subject Properties Location map: 223-235 Heiman Street ShrGer REPORT Planning Comments: The subject property is zoned Residential Seven Zone (R-7) and is designated as Medium Rise Residential within both the 1994 & 2014 Official Plan. The owner is proposing to develop the subject lands with a new 6 storey 55 unit multiple dwelling and retain the existing three and half storey 23 unit multiple dwelling for total of 78 affordable dwelling units on the subject properties located at 223, 229 & 235 Heiman Street. To facilitate the development the owner is proposing to increase the Floor Space Ratio (FSR) (which is the figure obtained when the building floor area on a lot is divided by the lot area) from 1.0 to 1.16 FSR. As such, the applicant is requesting relief from Section 41.2.1 of the Zoning By-law to allow an FSR of 1.16 rather than the required 1.0. Staff conducted a site visit on January 30, 2018. Subject Lands 223-235 Heiman Street (January 30, 2018) 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 properties are designated Medium Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Medium Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Medium Rise Residential Policies 3.1.3.1 and 3.1.3.3 from the 1994 Official Plan which allow for medium density forms of housing such as multiple residential dwellings with a Floor Space Ratio (FSR) to a maximum of 2.0 with a height maximum of 8 stories is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is planning staffs opinion that the proposed variance meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a medium density neighbourhood. The requested variance is appropriate as the proposed FSR is less than the maximum of 2.0 outlined in the Official Plan and less than 8 stories in height. The proposed development will be compatible with the surrounding residential neighbourhood with respect to height and massing, and will not create unacceptably adverse impacts on adjacent properties. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the FSR regulation in the Zoning By-law is to ensure the new development is of a scale and massing that is compatible with the surrounding residential neighbourhood. It is staff's opinion increase of 0.16 in FSR is minor and that the design and location of buildings on site will have minimal impacts on the surrounding residential neighbourhood. As such, it is staffs opinion that the requested variance for increased FSR is appropriate. 3. The proposed variance can be considered minor and appropriate for the development and use of the land which is compatible with adjacent land uses and is appropriately scaled for the neighbourhood. It is staffs opinion that the proposed minor variance will have minimal impact of the surrounding residential development due to the location and orientation of buildings proposed on site. It is staffs opinion that this development is considered good planning. 4. The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The scale, massing and height of proposed building will not negatively impact the existing character of the subject property or surrounding neighbourhood. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Building Comments: The Building Division has no objections to the proposed variance. Environmental Planning Comments: No concerns. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Services Comments: No concerns. Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2319 Fax: (519) 621-4945 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT; City of Kitchener Holly Dyson DATE: YOUR FILE: GRCA FILE: February 9, 2018 A 2018-014 — 223-235 Heiman A2018-014 — 223-235 Heiman St Street RE: Application for Minor Variance A 2018-014 223-235 Heiman Street, City of Kitchener Spavest Incorporated (223, 229 Heiman St), Frank and Marry Ellen Jungton (235 Heiman St) GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above noted minor variance. We have comments to be addressed when finalizing the Site Plan, as detailed below. Based on current plans, a GRCA permit is required prior to grading/construction. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the lands contain the Shoemaker Creek floodplain and its associated 5 metre allowance. As such, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06. 2. Legislative/Policy Requirements and Implications: Based on our review of the above noted application and the letter from MHBC dated January 15, 2018, we have no objection to the minor variance. Please note that we have previously reviewed this development through Site Plan Application SP17/109/H/CD and provided comments on October 5, 2017 to be addressed when finalizing the plans (see enclosed). We also provided comments on January 12, 2018 requesting that the applicant consider another location for the transformer pad, as development should be directed outside the floodplain. Based on the current plans shown on the Minor Variance Sketch prepared by MHBC (January 10, 2018) and the Site Plan (Drawing A1.1) prepared by IBI Group (December 20, 2017), development appears to be proposed within the GRCA regulated area and a permit will be required prior to grading/construction, as per Ontario Regulation 150/06. We recommend further consultation with GRCA once the final site and grading plans are available so we can review any changes and confirm that a permit is required. 3. Plan Review Fees: Based on the October 5, 2017 comments on Site Plan application SP17/109/H/CD, the 'Minor' site plan application fee of $390 was required. Based on our records, we Page I of 2 did not send out the invoice for SP17/109/H/CD. With a copy of this correspondence and the enclosed SP17/109/H/CD comments, the applicant will be invoiced in the amount of $390. As we are requesting a plan review fee for the Site Plan application, we will not charge for our review of the current minor variance application. A separate fee would be required for a permit application. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, f% Trisha Hughes ' Resource Planner Grand River Conservation Authority Encl. GRCA comments dated October 5, 2017 re: Site Plan Application SP17/109/H/CD cc: Spavest Inc. c/o Vincent Xinbo Lu, 550 Wintersburg Walk, Waterloo, ON N2V 2N9 Frank and Mary Ellen Jungton, 235 Heiman Street, Kitchener, ON N2M 3M2 MHBC Planning Ltd. c/o Kate Wills, 540 Bingemans Drive, Suite 200, Kitchener, ON N2B 3X9 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 2 of 2 �, Staff Report ITc� R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 9 DATE OF REPORT: February 8, 2018 REPORT #: CSD -18-038 SUBJECT: Application A2018-015— 298 Mill Street Owner— Anna K. Marshall Holdings Approved with Conditions t RECOMMENDATION ki Subject Property That application A2018-015 requesting relief from Section: 5.13.4 f) to allow an accessory building to have a artisans studio on the upper level with a floor area of 66 square metres instead of the required 15 square metres for a home occupation; Section 5.5 b) to allow *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. an accessory building to have a building height of 8 metres to the underside of the fascia instead of 3 metres; Section 5.3 to legalize the existing porch that is located within the daylight visibility triangle and Section 44.3.4 to legalize a front yard setback of 1.47 metres rather than the required 4.5 metres, be approved subject to the following conditions: 1. A Building Permit is obtained from the City's Building Division by December 31, 2018 to the satisfaction of the Chief Building Official. 2. An Occupancy Permit is obtained for the artisan's studio to the satisfaction of the Director of Planning. REPORT Planning Comments: The subject property located at 298 Mill Street is zoned Commercial Residential One (CR -1) in Zoning By-law 85-1 and designated Low Density Commercial Residential in the City's Official Plan (Mill Courtland Secondary Plan). The applicant is proposing to erect a second level building addition to an existing detached structure and use the second level for an artisan's studio as an expanded home occupation use. At the same time, the applicant is requesting to legalize existing building setbacks that are deficient due a road widening land dedication. City Planning staff conducted a site inspection of the property on February 1, 2018. 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 provides the following comments. The subject property is designated Low Density Commercial Residential with Special Policy Area 1 in the City's 1994 Official Plan (Mill Courtland 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 Low Density Commercial Residential designation is to recognize existing areas of small scale commercial and residential development as well as to allow for the low rise, low density redevelopment of such areas with commercial, institutional and residential uses. This designation is also intended to create transitional or buffer areas between some industrial and surrounding residential areas. Permitted residential uses in this designation include single detached dwellings, semi-detached dwellings, duplex dwellings, and multiple dwellings. Special Policy Area 1 recognizes the dispersal of existing industrial uses along the north side of Mill Street that also interface with existing residential properties. As the policies support existing residential uses and home occupation is complimentary to residential uses, staff is of the opinion that the variances meet the general intent of the Official Plan. 2. The requested variance to allow for an increase in the amount of floor area for an artisan's studio in a detached structure as a home occupation and to allow for that detached structure to have a height of 8 metres instead of 3 metres to the underside of the fascia is in keeping with the general intent of the Zoning By-law at this location. The detached structure will function as a garage for two cars on the ground level and the upper level will contain the artisan's studio. The footprint of the building is proposed at 66 square metres, which is fairly large. However, this property has a deep lot (63 plus metres) that backs onto an industrial area and sides onto a private road access that provides vehicular access to the industrial property to the rear. The detached building is setback 30 plus metres from the street line and 12 metres from the existing duplex. As such, staff is the opinion that given the depth of the property, the surrounding context and the fact that a studio is a permitted use within the CR -1 list of permitted uses, any impacts will be minimal. The variances for the front yard setback and encroachment within the DVT are technical in nature to address the fact that a road widening has been taken and the property line is closer to existing duplex with an attached porch as a result. Therefore, the variances to legalize a non -complying situation due to a road widening are also maintaining the overall intent of the Zoning By-law, and will likely have little to no impact to the neighbourhood as it exists today. 3. The requested variances are minor and appropriate for the development and use of the land. As mentioned above, the lot depth is quite large and a larger detached structure would not look out of character and due to the surrounding context, will not be impactful to the neighbourhood. To put this into perspective, the Zoning By-law allows up to 15% lot coverage for a detached structure in a residential zone whereas this represents only 9% coverage. Moreover, a studio is a permitted use under the CR -1 zone although it falls under the home occupation regulation in this circumstance because it is subordinate to the principle use of the property which is a duplex. 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: As the driveway visibility triangle would not be impacted significantly by the porch, Transportation Services have no concerns with the proposed application. Engineering Comments: No concerns. Heritage Comments: No heritage planning concerns. Note that the subject property is located within the Mill Courtland Woodside Park Secondary Plan. The City will be commencing a secondary plan review in the future. The land use and zoning of the properties are subject to change. For more information, please contact Lauren Nelson by phone (519-741-2200 ext. 7072) or by email (lauren.nelson(a�kitchener.ca) Special Policy Area #58 provides the interim policy direction for how development applications will be evaluated until such time as the City completes the PARTS implementation process. The subject site is within the Focus Area for intensification and as such, the associated policies should in part inform the `intent of the Official Plan' consideration of the minor variance. Environmental Planning Comments: No concerns. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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. J Staff Report KITCH��r,R Community Services Department www.kifchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 2 DATE OF REPORT: February 12, 2018 REPORT #: CSD -18-039 SUBJECT: Application B2018-005 — 94 Morgan Ave Applicant — Elzbieta & Jerzy Kolosa Approve with Conditions 95 i� '99 x' 105 109 Location Map: 94 Morgan Avenue RECOMMENDATION Subject Lands Iko ALF 2 That Application B2018-005 proposing to sever a lot with a width of 9.144 metres, a depth of 32.6 metres, and a lot area of 298 square metres, be approved subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the 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 be submitted to 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 the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 6. That the Owner 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. 7. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. 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. 10. 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 force main to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 11. 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 $4,206.24. Park Dedication is calculated at the residential rate of 5%, for the severed lands only, with a land valuation calculated by the lineal frontage (9.114 metres) and a land value of $9,200 per metre of frontage. 12. 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. Any alterations 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. 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 Morgan Avenue. The existing 1.5 -storey dwelling is proposed to be demolished. The existing property has a lot width of 18.288 metres, a depth of 32.614 metres, and an area of 596 square metres. The Applicant is proposing to sever the lot in half to create two equal sized lots with a width of 9.144 metres and an area of 298 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. Policies also require that infill development complement existing buildings and contribute to neighbourhood character. Planning Staff recommends 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. 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 February 1, 2018. Based on the foregoing, Planning staff recommends that Consent Application B2018-005 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. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for each individual lot — a building permit will be required for this work. 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. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water and sanitary services are currently available to service this property. Storm services are not available at this time. Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • 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 house 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. • In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for sewage works will be required by the Ministry of Environment and Climate Control for the extension of the municipal storm sewer to the satisfaction of the Director of Engineering prior to site plan approval. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Operations Division 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 $4,206.24. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.144m) at a land value of $9,200 per frontage meter. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Require 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. Catherine Lowery, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Mla0rem 1111381iWell Rl1:411 February 12, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U3 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 Comments for Consent Applications B2018-005 to B2018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planning Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHagerman(a)regionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. B2018-010 to B2018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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 KiTCNi t.>� Community Services Department www.kftchenerce REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2018 SUBMITTED BY: Jullane von Westerholt, Senior Planner - 619-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner — 619-741-2200 ext. 7668 WARD: 4 DATE OF REPORT: February 13, 2018 REPORT M CSD -18-040 SUBJECT: Application Nos: 132018-006, B2018-007, B2018.008, & B2018-009 Address: 883 Doon Village Road Applicant: MHBC Planning Owners: Bob and Alison Lafrance Summarized Recommendation: Approve Subject to Conditions *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATION That applications B2018-006, B2018-007, B2018-008, 82018.009 requesting consent to create 4 new lots: Lot 1 with an approximate lot width of 18.3 metres, a depth of 25.1 metres, and a lot area of 458 square metres; Lot 2 with a lot width of 18.2 metres, a depth of 25.1 metres, and a lot area of 456 square metres; Lot 3 with a lot width of 18.2 metres, a depth of 25.0 metres, and a lot area of 456 square metres; Lot 4 with a lot width of 18.5 metres, a depth of 25.0 metres, and a lot area of 462 square metres; 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(les) 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 Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4. That the Owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed and retained lands. Said agreement shall include the following special conditions: Prior to February 20, 2099 (i.e., within 9 year of the date of decision) • That the SUBDIVIDER shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY'S Director of Planning. The scoped Conservation Plan will include direction on the conservation works that must be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the SUBDIVIDERS's consulting engineer and qualified building mover. • That the SUBDIVIDER shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the CITY's Director of Planning, confirming that the Hog and Hen House can be moved. • That the SUBDIVIDER shall submit and receive approval of an updated Structural Engineers Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the CITY's Director of Planning. • That the SUBDIVIDER shall prepare a Tree Preservation Plan for each of the severed lots, and the retained lot, in accordance with the City's Tree Management Policy, each of which is to be approved by the City's Director of Planning. Such plans shall include, among other matters, retention of street trees along Bechtel Drive adjacent to the proposed lots, identification of proposed driveways, proposed building envelopes 1 work zones, landscaped areas, proposed additional street trees, and vegetation to be preserved. Prior to Endorsement of the Deeds associated with consent applications B2098-006 to B2098-009 or February 20, 2020, whichever shall occur first • The SUBDIVIDER shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. • The SUBDIVIDER shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a letter of credit or other like security in a form and content satisfactory to the CITY's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the SUBDIVIDER's consulting engineer and qualified building mover, to the satisfaction of the CITY's Director of Planning. Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the CITY's Solicitor, in consultation with the CITY's Director of Planning. The CITY agrees that the Heritage Covenant Agreement may be removed from title at the SUBDIVIDER's expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated designating by-law for 883 Doon Village Road both to the satisfaction of the CITY's Director of Planning. • The SUBDIVDER agrees to document and provide measured drawings of the Hog and Hen House to the satisfaction of the CITY's Director of Planning. • The SUBDIVIDER agrees to retain a qualified building mover to relocate the Hog and Hen House on to the retained lands, to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. • The SUBDIVIDER shall obtain a building permit to relocate the Hog and Hen House from the City's Building Division and actually relocate said building as part of this milestone, to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. • That the SUBDIVIDER make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to both the severed and retained lands. This will include, but not be limited to, the extension of storm sewers). • That the SUBDIVIDER obtain a certificate of approval for sewage works from the Ministry of Environment and Climate Change, in accordance with Section 53 of the Ontario Water Resources Act, for the extension of the municipal storm sewer along Bechtel Drive, to the satisfaction of the City's Director of Engineering Services. • That the SUBDIVIDER prepare a servicing plan showing outlets to the municipal servicing system for the severed and retained parcels to the satisfaction of the City's Engineering Division. That the SUBDIVIDER complete and submit the Development and Reconstruction As -Recorded Tracking Form along with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system, in accordance with the Public Sector Accounting Board (PSAB) S. 3150, to the satisfaction of the City's to the Engineering Division. • That the SUBDIVIDER make arrangements financial or otherwise for the relocation of any existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department and agency. • That the SUBDIVIDER make financial arrangements to the satisfaction of the City's Engineering Services and Operations Division for the installation, to City standards, of paved driveway ramps on the severed lands and the retained lands. • That the SUBDIVIDER remove the existing driveway on the severed lands and reinstate landscaping, to the satisfaction of the City's Planning Division. Furthermore, the SUBDIVIDER shall install a new driveway on the retained lands, connecting Doon Village Road to the existing detached garage at the rear of the property. Prior to Grading, Tree Removal, or Building Permit Issuance • The SUBDIVIDER shall implement all approved measures for the protection of trees as approved in the Tree Preservation Plan (where applicable) and to provide written certification from the SUBDIVIDER'S Environmental Consultant to the CITY'S Director of Planning that all protection measures have been implemented and inspected, in accordance with the CITY'S Tree Management Policy. No changes to the said plans shall be granted, except with the prior approval of the City's Director of Planning. Prior to Application for and Issuance of any Building Permits • The SUBDIVIDER agrees that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. The SUBDIVIDER agrees to submit building elevation drawings, building location drawings, and lot grading drawings, for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the CITY'S Director of Planning. The SUBDIVIDER further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the CITY's Chief Building Official. Other Time Frames • The SUBDIVIDER agrees that no building permit shall be applied for or issued for the Severed Lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the CITY's Chief Building Official and Director of Planning. The SUBDIVIDER and subsequent OWNER's of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. • The SUBDIVIDER agrees to develop Lots 1.4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the CITY's Director of Planning. + That prior to endorsement of the deeds associated with consent applications B2018-006 to B2018-009 or February 20, 2020, whichever shall occur first, the SUBDIVIDER shall fulfill the following: • The SUBDIVIDER shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a letter of credit or other like security in a form and content satisfactory to the CITY's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the SUBDIVIDER's consulting engineer and qualified building mover, to the satisfaction of the CITY's Director of Planning. Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the CITY's Solicitor, in consultation with the CITY's Director of Planning. The CITY agrees that the Heritage Covenant Agreement may be removed from title at the SUBDIVIDER's expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the CITY's Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. + The SUBDIVIDER shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. In addition, the Urban Design Guidelines shall reference the need for site plan and building elevation drawings to be prepared for the front and sides of each of the proposed dwellings on each of the severed lots, prior to building permit issuance, and to be implemented as part of the building permit process, to the satisfaction of the City's Director of Planning. The purpose of this requirement is to ensure that future building designs and locations are consistent and compatible with the existing built form and the character of the established neighbourhood in accordance with Sections 4.C.1.7 and 4.C.1.9 of the City's 2014 Official Plan. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. REPORT Planning Comments: The subject property is located at the south corner of Bechtel Drive and Doon Village Road in the Pioneer Park Planning Community. The property currently contains a single detached dwelling that fronts onto Doan Village Road, an accessory building formerly used as a Hog and Hen House (noted on the sketch provided with the application form as "Ex. Coach House") that fronts onto Bechtel Drive, and another accessory building located behind the dwelling that is used as a garage. The property possesses approximately 73.2 metres of frontage on Doon Village Road, 73.2 metres of frontage on Bechtel Drive, and an area of 5,350 square metres. The subject property is a protected heritage property as it designated under Part IV of the Ontario Heritage Act (see Heritage Comments, below). The lands to the northwest and southwest are composed mainly of single detached dwellings constructed in the early to mid 1980s. The lands to the southeast are composed mainly of single detached dwellings constructed in the mid 1990s. Doon Village Retirement Residence is located directly across Doon Village Road and St. Timothy Catholic School is located behind the retirement residence on Bechtel Drive. Several townhouse complexes are located on the opposite side of Doon Village Road, to the north and east. The property is designated Low Rise Residential in the 2014 Official Plan and is zoned Residential Four (R-4) in the Zoning By-law. Planning staff visited the property on February 2, 2018. The applicant is requesting consent to create 4 new lots fronting Bechtel Drive, while the retained lot would front onto Doon Village Road: • Severed Lot 1 (corner lot): o Lot width: 18.3 metres o Lot depth: 25.1 metres o Lot area: 458 square metres • Severed Lot 2: o Lot width: 18.2 metres o Lot depth: 25.1 metres o Lot area: 456 square metres • Severed Lot 3: o Lot width: 18.2 metres o Lot depth: 25.0 metres o Lot area: 466 square metres Severed Lot 4: o Lot width: 18.5 metres o Lot depth: 25.0 metres o Lot area: 462 square metres Retained Lot: o Lot width: 48.1 metres o Lot depth: 73.2 metres o Lot area: 3,519 square metres The retained lot would contain the existing single detached dwelling and the accessory building that is used as a garage. The applicant is proposing to relocate the accessory building formerly used as a Hog and Hen House from its present location (in the area of proposed Lot 1 and Lot 2) to the retained lands, in compliance with the regulations of the Zoning By-law. No minor variances are necessary to facilitate the creation of the proposed lots. With respect to the dimensions and shapes of the proposed lots, Planning staff comments as follows: • Each of the proposed lots is rectangular (same general shape as the lots on the opposite side of Bechtel Drive) • A zoning analysis of the proposed lots shows that: o Each lot would be more than double the width of the minimum lot width required by the R-4 zoning (e.g., a minimum lot width of 9.0 metres is required, whereas the lot width of the narrowest proposed lot is 18.2 metres) o Each lot would be nearly double the area of the minimum lot area required by the R-4 zoning (e.g., a minimum lot area of 235.0 square metres is required, whereas the lot area of the smallest lot is 456 square metres) • Each of the proposed lots is 19% to 23% wider than the lots on the opposite side of Bechtel Drive (which range between approximately 15.0 and 15.3 metres wide), with the exception of the proposed corner lot (i.e., Lot 1) which is about 9% narrower than the existing corner lot on the opposite side of Bechtel Drive (approximately 20.2 metres wide) The owner will be required to extend the existing municipal storm sewer down Bechtel Drive as a condition of approval. All other municipal services are in place. Planning staff understands that there may be concerns from neighbouring residents that the proposed applications will add additional traffic concerns at a school crossing. Transportation Services staff has reviewed the subject proposal in light of this concern and advises that there are no issues with the application and that no traffic issues are foreseen. 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 conform to the City's Official Plan, the dimensions and shapes of the proposed lots are appropriate and suitable for the existing and proposed use of the lands, the proposed lots front onto an established public street, and all new lots will be serviced with independent and adequate municipal service connections. Also, the resultant lots will be compatible in size with the lots in the surrounding area, especially with those lots on the opposite side of the street. Based on the foregoing, Planning staff recommends that all subject applications be approved, subject to the conditions outlined in the Recommendation section of this report. Heritage Planning Comments: The property municipally addressed as 883 Doon Village Road is a protected heritage property as it designated under Part IV of the Ontario Heritage Act. A pre -submission consultation meeting was held on July 25, 2017. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the Committee of Adjustment application in order to ensure that the proposed new lots had regard for and were consistent with Provincial, Regional and Municipal policies relating to the conservation of cultural heritage resources. A draft HIA prepared by MHBC Planning dated December 2017 was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday, January 9, 2018. Several Heritage Kitchener committee members expressed concern with the proposed new lots blocking views to the side elevation of the Benjamin Burkholder House and the Hog and Hen House (previously referred to as the Coach House) from Bechtel Drive, Heritage Planning staff have considered these comments. Heritage Planning staff agrees with the conclusions of the HIA, which indicate the view from Bechtel Drive into the site is not significant. It is not significant because the views from Bechtel Drive: • are not historic — the only historic view was from Doon Village Road; • were only made available when the surrounding subdivision was built in the 1980s; • do not relate to the primary facade of the Benjamin Burkholder House (the only heritage attribute designated under the Ontario Heritage Act); and, • to the side elevation of the Benjamin Burkholder House are limited to a narrow corridor (about 15 metres or less) and partially obstructed by landscape features (Note: the existing Bechtel Drive frontage is approximately 73 metres). Heritage Planning staff acknowledges that the Doon Village Road, Bechtel Drive and rear elevations of the Hog and Hen House can be seen from Bechtel Drive. These are not significant because the views from Bechtel Drive: • are not historic — the only historic view was from Doon Village Road; • were only made available when the surrounding subdivision was built in the 1980s; • do not relate to the primary fagade of the Benjamin Burkholder House (the only heritage attribute designated under the Ontario Heritage Act); and, • provide limited views where both the Benjamin Burkholder House and the Hog and Hen House may be seen together. Heritage Planning staff note that the significance of the Hog and Hen House is its relationship to the Benjamin Burkholder House. Therefore, views that do not include both the Benjamin Burkholder House and the Hog and Hen House are not significant. It is the opinion of Heritage Planning staff that the view from Doon Village Road to the primary facade of the Benjamin Burkholder House is significant. This view is partially obstructed by existing vegetation but will not be impacted by the proposed development of four new lots. A final HIA prepared by MHBC Planning dated January 2018 was submitted in relation to Committee of Adjustment application B2018-006 to B2018-009. The HIA concluded that the existing designating by-law should be amended to reflect a revised list of heritage attributes and to reflect the revised legal description for the retained lands. In particular, the Hog and Hen House (previously referred to as the coach house) is a heritage attribute. The HIA also concluded that the preferred conservation option includes the relocation of the Hog and Hen House to the retained lands. Potential negative impacts can be minimized or avoided by: regulating the design, scale, massing, orientation and materials of buildings on the new lots; amending the existing designating by-law; requiring a structural engineer to confirm that the Hog and Hen House may be relocated safely; requiring the Hog and Hen House to be relocated by a qualified building mover; and, requiring a scoped Conservation Plan. The existing Benjamin Burkholder House and the Hog and Hen House will be conserved on the retained lands. The HIA was submitted to the Director of Planning for review and approval. The Director of Planning agrees with the findings of the HIA and the recommendation of staff and as a result the HIA was approved by the Director of Planning on January 29, 2018. The appropriate tools to conserve the Benjamin Burkholder House, Hog and Hen House and views to the primary fagade of the Benjamin Burkholder House include amending the designating by-law under the Ontario Heritage Act combined with consent conditions. A number of consent conditions have been prepared to ensure the conservation of the Benjamin Burkholder House, Hog and Hen House and views to the primary facade of the Benjamin Burkholder House as part of development and site alteration. In general, the consent conditions address the following: submission, review and approval of a scoped Conservation Plan; submission, review and approval of an updated Structural Engineers Report; submission, review and approval of a letter from a qualified building mover; submission, review and approval of Urban Design Guidelines, including the review and approval of building elevations prior to issuance of building permits; entering into a Heritage Covenant Agreement addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House, including associated Letter of Credit to ensure implementation; preparation of measured drawings of the Hog and Hen House; and, amending the designating by-law to reflect the revised list of heritage attributes. Based on the above comments, Heritage Planning staff has no concerns with the proposed consent subject to implementation of the recommendations of the approved HIA. As a result, Heritage Planning staff recommends the following conditions: • That the owner enter into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning, and registered on title of the severed lands. Said agreement shall include the following special conditions: Prior to February 20, 2019 That the SUBDIVIDER shall submit and receive approval of a scoped Conservation Plan in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY'S Director of Planning. The scoped Conservation Plan will include direction on the conservation works that trust be undertaken prior to, during and after the Hog and Hen House is relocated, including repairs and supports recommended by the SUBDIVIDERS's consulting engineer and qualified building mover. That the SUBDIVIDER shall submit and receive approval of a letter prepared by a qualified building mover, to the satisfaction of the CITY'S Director of Planning, confirming that the Hog and Hen House can be moved. That the SUBDIVIDER shall submit and receive approval of an updated Structural Engineers Report, to be coordinated with both the scoped Conservation Plan and letter from a qualified building mover, to the satisfaction of the CITY's Director of Planning. Prior to Endorsement of the Deeds associated with consent applications B2018-006 to 82018-009 or February 20, 2020, whichever shall occur first The SUBDIVIDER shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. Further, the approved Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. The SUBDIVIDER shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House and to facilitate the taking of a letter of credit or other like security in a form and content satisfactory to the CITY's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House, in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the SUBDIVIDER's consulting engineer and qualified building mover, to the satisfaction of the CITY's Director of Planning. Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the CITY's Solicitor, in consultation with the CITY's Director of Planning. The CITY agrees that the Heritage Covenant Agreement may be removed from title at the SUBDIVIDER's expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House and following the adoption of the updated designating by-law for 883 Doon Village Road both to the satisfaction of the CITY's Director of Planning. • The SUBDIVIDER agrees to document and provide measured drawings of the Hog and Hen House to the satisfaction of the CITY's Director of Planning. • The SUBDIVIDER agrees to retain a qualified building mover to relocate the Hog and Hen House on to the retained lands to the satisfaction of the CITY's Director of Planning and the CITY's Chief Building Official. Prior to Application for and Issuance of any Building Permits • The SUBDIVIDER agrees that Designating By-law #84-52 shall be amended to reflect the heritage attributes listed in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018 and the revised legal description for the retained lands municipally addressed as 883 Doon Village Road. • The SUBDIVIDER agrees to submit building elevation, building location, and lot grading drawings for the Severed Lands as identified in the approved Urban Design Guidelines for approval by the CITY'S Director of Planning. The SUBDIVIDER further agrees that dwellings shall be designed and constructed in accordance with the approved plans, to the satisfaction of the CITY's Chief Building Official. Other Time Frames • The SUBDIVIDER agrees that no building permit shall be applied for or issued for the Severed Lands, Lots 1-4, unless the building designs are in accordance with the approved Urban Design Guidelines to the satisfaction of the CITY's Chief Building Official and Director of Planning. The SUBDIVIDER and subsequent OWNER's of affected lots are advised that this requirement shall also apply to future additions, major alterations and fencing. • The SUBDIVIDER agrees to develop Lot 1-4 in accordance with the approved Urban Design Guidelines, to the satisfaction of the CITY's Director of Planning. That prior to the final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following: Prior to Registration, the SUBDIVIDER shall enter into a Heritage Covenant Agreement with the City, addressing the maintenance, relocation and rehabilitation of the former Hog and Hen House (previously referred to as the coach house) and to facilitate the taking of a letter of credit or other like security in a form and content satisfactory to the CITY's Solicitor, and in an amount equal to the value of the cost of repairing, relocating and rehabilitating the Hog and Hen House in accordance with the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, the approved Conservation Plan, and as determined by the SUBDIVIDER's consulting engineer and qualified building mover, to the satisfaction of the CITY's Director of Planning. Further, the SUBDIVIDER shall provide any Letter of Credit, required by the Heritage Covenant Agreement, to the satisfaction of the CITY's Solicitor, in consultation with the CITY's Director of Planning. The CITY agrees that the Heritage Covenant Agreement may be removed from title at the SUBDIVIDER's expense following the completion of the repair, relocation and rehabilitation of the Hog and Hen House to the satisfaction of the CITY's Director of Planning, and following adoption of the updated designating by-law for 883 Doon Village Road. The SUBDIVIDER shall submit and receive approval of Urban Design Guidelines, prepared in accordance with the mitigation recommendations outlined in the approved Heritage Impact Assessment, prepared by MHBC Planning, dated January 2018, to the satisfaction of the CITY's Director of Planning. Further, the Urban Design Guidelines shall be registered on title of the subject lands, and attached to the subdivision agreement. Environmental Planning Comments: The standard condition to enter into an agreement to be registered on the title of both the severed and retained lands is required to ensure that a Tree Preservation 1 Enhancement Plan is submitted and approved before a building permit will be issued. (Environmental Planning notes that a Tree Management Plan has been submitted by MTE dated Dec 19, 2017. It has been reviewed but not approved). Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for each individual lot — a building permit will be required for this work. A building permit shall be obtained for the location of the Coach house. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services have 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. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water and sanitary services are currently available to service this property off of Bechtel Drive. Storm services are not available at this time off of Bechtel Drive. Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext. 7135). Each severed lot will require a sanitary, a storm and a water service. The retained lands (if nothing changes with the house) will need a sanitary and water service off of Doon Village Rd. If a new house is built that house will also require a storm service off of Doon Village Rd. • Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • 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 house 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. • In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for sewage works will be required by the Ministry of Environment and Climate Control for the extension of the municipal storm sewer along Bechtel Drive to the satisfaction of the Director of Engineering. Operations Division Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 4 new development lots will be created. The cash -in -lieu dedication required is $32,568.00 Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (73.2m, less 2.4m difference between side yard abutting street vs. side yard interior) at a land value of $9,200 per frontage meter. A layout plan of the lot access driveways is required to be reviewed by Operations prior to construction. Four existing Norway Maple street trees must be retained and protected. Operations Department will not permit the removal of identified street trees. Andrew Pinnell, MCIP, RPP Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attach: Sketch Submitted with Consent Application Forms Region of Waterloo File No. D20-20118 KIT February 12, 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 4J3 Canada Telephone: 519-575-4400 TTY: 519.575.4608 Fax' 519-575.4466 www. regiono(waterloo.ca Carolyn Crozier 575-4757 ext. 3657 Re: Comments for Consent Applications B2018-005 to 82018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planninci Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers 1 tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers 1 tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." ii. "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHa erman re ionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers 1 tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers 1 tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers 1 tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers 1 tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. B2018-010 to 82018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 46, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street; and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 htt ://www.re ionofwaterloo.calen/doin Business/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT:' ' City of Kitchener Holly q son 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: b brown @grandrive r. ca DATE: January 31, 2018 YOUR FILE: See below RE: Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forlar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of I Grand River Conservation Authority. Holly Dyson From: Holly Dyson Sent: 13 February, 2018 9:26 AM To: Andrew Pinnell Cc: Dianna 5aunderson Subject: FW: Zone change application Doon Village Road @ Bechtel Hi Andrew, You may already have this one. Holly Dyson Administrative Clerk i Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 ( holly .dyson@kitchener.ca s From: Holly Dyson Sent: 12 February, 2018 9:09 AM To: Subject: FW: Zone c ange application Doon Village Road @ Bechtel Good Morning, I also need to mention this is a public meeting, so any comments provided for the Committee's consideration will be available upon request. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 j TTY 1-866-969-9994 1 hollv.dvson(a.kitchener.ca . w.w. From: Holly Dyson Sent: 12 February, 2018 8:58 AM To: Subject: RE: Zone change application Doon Village Road @ Bechtel Good Morning, Thank you for your email. I'll ensure they are available for the Committee's consideration. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 I TTY 1-866-969-9994 I holly.dyson@kitchener.ca .................. I ...... I .................. From Sent: 10 February, 2018 7:01 PM To: Holly Dyson Subject: Zone change application Doon Village Road @ Bechtel I believe it is the buildings, not the property, that is heritage designation. I support the application of the owner to several the property move the coach house and add more housing. I just wish it was rental. We need more rental stock in Kitchener. Sent from my Galaxy Take A Holly Dyson From: Sent: 12 February, 2018 9:11 AM To: Holly Dyson Cc: Dianna Saunderson; Andrew Pinnell Subject: Re: I oppose the application to sever the Doon property My mailing address: &W Thanks Sent Froin my Sanisnng Galaxy sinanplione. -------- Original message -------- From: Holly.Dyson@kitchener.ca Date: 2018-02-12 9:06 AM (GMT -05:00) To: kwallbank@rogers.com Cc: Dianna.Saunderson@kitchener.ca, Andrew.Pinnell@kitchener.ca Subject: I oppose the application to sever the Doon property Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly.dyson@kitchener.ca From: Holly Dyson Sent: 12 February, 2018 8:52 AM To: Dianna Saunderson Subject: RE: I oppose the application to sever the Doon property Good Morning, Thank you for your email. In order to provide your comments to the Committee members for consideration, I will need your mailing address. Please note that any comments made for the Committee's consideration may be shared with interested parties as this is a public meeting. Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly.dyson(�i),kitchener.ca I I I MIN ENORMOUS Iq From Sent: 09 February, 2018 8:07 PM To: Holly Dyson Subject: I oppose the application to sever the Doon property I would like you to know that I oppose the application to sever the property on Doon Village road. This house is designated a heritage home and the land surrounding it should stay intact and the coach house not moved. Thank you February 12, 2018 Re: Severance of 883 Doon Village Road, Kitchener N213 1A1 My family and I are extremely opposed to severing this property into building lots. This was They owned this property from roughly= until= and were the owners that had the home designated as a Heritage Property. They were very much in maintaining the Heritage of this property, and the area. They maintained the original windows, replaced the roof with cedar shingles (which would have been when the home was built), spent additional funds to have the down spouts on the home custom build to replicate what would have been on the home, and even choosing paint colours for the home that were of the era built, had always talked about possibly severing off building lots along Bechtel Drive for his retirement if he needed the money. After my we approached the city regarding the possibility of severing the lots. I spoke and met with the Heritage Committee. The gentleman I dealt with was Leon Bensason. After explaining what we wished to do, severing off the lots, Mr. Bensason after a few months advised me that after discussing this with the Heritage Committee, they would agree to allowing severance of only one lot on Bechtel, and the farthest end of the property from Doon Village Road. We were informed at that time that not only the house was designated as a Heritage Home, but the entire property, and anything on the property that makes it unique to the Heritage of the home. This was not understood by�=Iat the time they designated the home, or the bylaw that protects the Heritage Properties was changed in the meantime. As we were denied being able to severe the property, we listed the property, and made our real estate brokers aware of this. We again met with the City, with Michelle Drake and a gentleman regarding the home, as we had several offers on the home, however they wanted to ensure that they would be able to do changes to the home they wished — both of the potential buyers approached the City and Heritage Committee, and we were unsuccessful in obtaining anything to help with the sale. The two potential buyer's requests were: 1—They wanted to put an addition on the back of the home, and just wanted a letter confirming that this was possible, subject to the approval of the design/ plans by the Heritage Committee. 2 — A gentleman wanted to convert the detached garage behind the house to a "Granny Flat" for his disabled father. As the building would be wheelchair accessible, was insulted and heated, it was the perfect option for him to be able to give his father independence, and still be close. This was DENIED, as we were informed that this would that as would be two residences, would not be allowed. Funny, this would now be a 5 residence property — far more than we were asking for. As a result of not being able to confirm that any changes could be made to the property, it took us over "te to sell the home, and not only did we have to sell for a value we felt was far below the value of property was, but also were unable to keep the home in the family which was our original intention with the severance of the lots. I would be very disappointed if the property was allowed to be severed, and with the changes that have been allowed to the property: 1— New asphalt roof was put on the home to replace the original Cedar Shingles. 2 — Renovations were done to the property on the inside of the home that completely changed the home from its original build. 3 — If the approval for severance is given based on the "Coach House" on the property being moved, to a different location on the property -- it will never be the same. How do you move a 155 year old stone building, to another location on the property, and still keep the original integrity of the building. It will never be re -constructed on the property as it is now, as well as the original footprint of this "Designated Property" will be changed. I personally, cannot see any location on the property that this building could be moved to that would still reflect the heritage of this property, as once the lots would be severed off; the lot the main house will remain on would be much smaller. 4 —There was another home in Doon as well, that within the past 5 years, has asked for a change in the lot size. The person that owned this property had two lots beside each other. One was large and the other small. He wanted to severe to equal out the lot sizes, and was denied this. would be very disappointed in the City of Kitchener as well as the Heritage Committee if the severance is allowed to happen on this property. Both the City and Heritage Committee are constantly in the paper, and news that they are protecting more Heritage Properties in our community. Let's protect the Heritage of this property which is located in the "boon Heritage District". Regards, Holly Dyson From: Sent: 14 February, 2018 6:26 PM To: Holly Dyson Cc: Dianna Saunderson; Andrew Pinnell Subject: RE: 883 Doon Village Rd proposal. It is 16 Black Walnut Dr Kit. On N2P 1R2 Get Outlook for Android From: Holly. Dyson@kitchener.ca <Holly.Dyson@kitchener.ca> Sent: Wednesday, February 14, 2018 1:00:53 PM To: Cc: Dianna.Saunderson@kitchener.ca; Andrew.Pinnell@kitchener.ca Subject: RE: 883 Doon Village Rd proposal. Hello Thank you for your email. I will] need your mailing address in order for your comments to be shared with the Committee members. As this is a public meeting, any comments provided for the Committee's consideration will be available to the public upon request. Regards, Holly Dyson Administrative Clerk I Legislated Services j City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 j holly.dyson@kitchener.ca �� e From: Sent: 14 February, 2018 11:09 AM To: Holly Dyson Subject: 883 Doon Village Rd proposal. Hello, I am voicing my objection in writing to the propasal to sever this historicle properry in Doon. 1st off there is so much building being added to the neighbourhood I do not believe we need to touch this property as well and clutter this corner. It should be left as is as I believe it adds value to our unique neighbourhood. 2nd - the rules for Heritage properties seem to be favoured and not a fair process. It seems to be who is addressing the requests as apposed to rules set for these decisions. There has been some unfair desisions made already with proposals apprived in this neighbourhood. This is unjust. This request has been denied for previous owners so should also be denied for this current owner. Thank -you Concerned Doon homeowner. Get Outlook for Android Holly Dvson From: Holly Dyson Sent: 15 February, 2018 8:35 AM To: Subject: RE: Report # CSD -18-040 - Application to sever the property at 883 Doon Village Road Hi Kelli, Thank you for your comments. They will be circulated to the Committee members. Please note that any comments provided for the Committee's consideration will be available upon request. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 I TTY 1-866-969-9994 I holly.dyson@kitchener,ca T From: Sent:. 14 February, 2018 9:21 PM To: Holly Dyson Cc: Yvonne Fernandes Subject: Report # CSD- pplication to sever the properly at 883 Doon Village Road Hi Holly: I read with interest recently the application from the owners of 883 Doon Village Road (Bob and Alison Lafrance) to sever a portion of their property into 4 building lots for future use. Although I don't live in the immediate vicinity, I do walk by it often and must admit that I was very disturbed to hear of the application as I had always been under the impression that this property was fully protected under the Heritage Act. With further research and discussion with others, I have learned that this site is indeed protected including the whole of the property. The Heritage designation was very clear that it covered the house and the Hen House also fondly known as the Coach House along with the property itself and its mature trees and pleasant landscape depicting life as it was in the 1860s and beyond. This property which measures about 1 acre in size was severed off from the original farm of about 25 acres by a developer many years ago with the intent that someone would buy the house and lot to preserve the look and feel of the cultural heritage depicted from its roots. This pioneer property has become a'Landmark' in the Doan area of Kitchener. When one stops to view the property from either Doon Village or Bechtel Drive (it's a corner Iot), its beauty radiates and takes one back to imagine what life must have been like during the 1800s. I would even say that the Hen House is as unique and as beautiful as the home itself. I absolutely can't imagine why anyone would want to disturb such a sight by placing additional building lots along Bechtel. Adding additional homes will detract from the beauty of the property, notwithstanding that these 4 homes will have nothing in common with the heritage structures and the current landscape. It truly will change the look of the property and make the view less accessible and disfigured from a number of vantage points. Today the Lafrance's have a unique property, one that is admired and talked about by many. Simply said, it's a piece of our cultural heritage and something that we need to hang onto. Moving the Hen House closer to the Homestead will spoil the look and feel as well. In the 1860s and beyond, people didn't place the barns or the Hen/Pig Houses close to the family residence for obvious reasons. In keeping with the history of this building, moving it would be totally inappropriate in a farm setting and once again take away the view of what was, thus in my opinion devaluing the property because it will look out of place. When the Lafrance's purchased the property in= they knew that it was designated heritage. They knew that there would be strict rules around what they could/could not do with the property. This application to sever the property appears to be a way to cash in on a property on the backs of the previous owners, all of whom respected the rules and decisions of the Heritage Committee and the City. Although I expect some significant cost to move the Hen House further in on the property, if finances towards maintaining the property are a concern, I would support wholeheartedly some relief in the form of property tax reduction or grants to cover some of the costs. In a sense, we are indebted to people who take on these special homes and property to preserve them for all of us to enjoy. In summary, I wholeheartedly do not support this application and I am disappointed in the City of Kitchener Planners for approving the application subject to the conditions contained within the report. If I am being totally honest, I find it shameful that this application got this far into the process. It appears that blinders are on in terms of the value and beauty this property provides to our Doon neighbourhood, an area of town that is rich in heritage and a big reason why we choose to live in this area. Not asking for input from the public ahead of time is also a travesty as we all consider this property a piece of our'own' Doan neighbourhood. I respectfully ask that my comments be passed onto the Committee of Adjustment and that they would take a long hard look at this objection as well as the objections of many others who are passionate about preserving the very little we have left that is actually designated heritage in this City. I thank you for passing on my remarks and for their consideration when reviewing the application further. Sincerely, ,- 4, Staff Report I TC�IENEK Community Services Department www1itchenerra REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 5 DATE OF REPORT: February 9, 2018 REPORT #: CSD -18-041 SUBJECT: APPLICATION #: B2018-010, B2018-011 155-163 Rockcliffe Drive Applicant: MHBC Planning Consultants Approve with conditions r $4 I 4 ,. gg __ ; Lo 153 84, - - -t �- '107103 4104+''f 08•�= 108 � y i r / �.-''I7p103 _ - 112 74 `y .1 t �t I 116 LE i 50 52-. 120! �I 54— _~Y ; 124_ 56� 58_ S-' 128 131 _ 60. _ 62. 64 1364'. Y ~135 61 J L-6 140 i TR J 148 _ g 147 44 C 78"- 160s- �I 7182� L ' 164 X172 `v` ff 176•r tr 180 184ir• r'- a Location Map: 155-163 Rockcliffe Drive RECOMMENDATION That applications B2018-010 and B2018-011 requesting consent to sever the subject property into three lots, 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. 152 153 84, 70 _ - Subject Propertji 74 `y .1 78"- 160s- �I 7182� L ' 164 X172 `v` ff 176•r tr 180 184ir• r'- a Location Map: 155-163 Rockcliffe Drive RECOMMENDATION That applications B2018-010 and B2018-011 requesting consent to sever the subject property into three lots, 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 .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, prior to final approval, the applicant submits the Consent Application Review Fee of $700.00 to the Region of Waterloo. Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Four Zone (R-4) with Special Regulation 341 R in the Zoning By-law. The lands are currently vacant and were recently registered through the subdivision registration of 30T-98201, stage 4B. The existing development of the neighbourhood consists of a mix of single detached dwellings, street fronting townhouse dwellings and vacant lots that will consist of single detached dwellings. The owner is requesting permission to sever the subject lands with the intent to develop the lands with single detached dwellings. The first severed lot (parcel 1) would have a lot width of 14.12 metres, a depth of 36.0 metres, and an area 419 square metres. The second severed lot (parcel 2) would have a lot width of 17.91 metres, a depth of 33.6 metres, and an area of 451 square metres. The retained lot would have a lot width of 14.22 metres, a depth of 35.99 metres, and an area of 425 square metres. 2 S6.000 is` Led 21 z � ITirr - r „ra r7 s i�laanetil jam` � �. Y J, ' 425m` „- � pAPT �r&r cn I= 215 d 1 Lap)" 1 tell S@4ered 011J41 r 9Ffi' 5� Y L4rnds lo be k savared 02) 459 m'10 Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Four Zone (R-4) with Special Regulation 341 R in the Zoning By-law. The lands are currently vacant and were recently registered through the subdivision registration of 30T-98201, stage 4B. The existing development of the neighbourhood consists of a mix of single detached dwellings, street fronting townhouse dwellings and vacant lots that will consist of single detached dwellings. The owner is requesting permission to sever the subject lands with the intent to develop the lands with single detached dwellings. The first severed lot (parcel 1) would have a lot width of 14.12 metres, a depth of 36.0 metres, and an area 419 square metres. The second severed lot (parcel 2) would have a lot width of 17.91 metres, a depth of 33.6 metres, and an area of 451 square metres. The retained lot would have a lot width of 14.22 metres, a depth of 35.99 metres, and an area of 425 square metres. 2 City Planning staff conducted a site inspection of the property on January 26, 2018. Existing vacant lands at 155-163 Rockcliffe Drive. Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the City's Official Plan and meet the intent of Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4) and Special Regulation Provision 341 R. The proposed severances conform to the City's 2014 Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed lots conform to policy 17.E.20.5 of the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Applications B 2018-010 and B2018-011 requesting consent to sever the subject property into three lots, be approved, subject to the conditions listed in the Recommendation section of this report. 3 Engineering Comments: These lots were incorporated into the Civil design of Huron Woods 30T-98201, stage 4B. The services are already designed and the drawings have been approved (shown on Dwg. C-202). Engineering has no concerns. Environmental Planning Comments: No concerns. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. 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 Mla0rem 1111381iWell Rl1:411 February 12, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U3 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 Comments for Consent Applications B2018-005 to B2018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planning Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHagerman(a)regionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. B2018-010 to B2018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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 NER Community Services Department www.kitchenerra REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 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: 5 DATE OF REPORT: February 9, 2018 REPORT #: CSD -18-042 SUBJECT: APPLICATION #: B2018-012, A2018-016, & A2018-017 139-143 Rockcliffe Drive Applicant: MHBC Planning Consultants Approve with conditions x r $4r•° r- t k gg� l a0. /\ •97 1 ti 4� 22' 'I107103 l `104y '3�i ¢ 97y �l�s�.aiSi6t 1 l Ili$ l 0) 163 21&4106 I 112 111 \" 4 4 \ 50 , 11 { 116 115 j rs C1a� 7l 57 _ L �qto 11 ti Y l 4 174 r 56 59 10 1' _ t 12$ �� ` s� 1 63 67 ms's 4 l 11-x" 136 s _ '135 ,.R: 2, 69 1 1 70 71 r," " ! 140 " C y 77 73 " 2 3 yam`"'" x r "� J74 3 75.., 144 _� 7a i 77 148'14-7 _ $o , ¢;��5CIL° 82 k. S 153 $+4 2 �! i t yam\ S�UbJ�'Ct Property ti 70 1 � � � 'v 74• } i1 �59� \ r� 55 7$� 63 1 \. s lr 160-, 71 67 1 % 82 } >� fit. f 164 Z, f _ est ff1721' tt� 176 / - r /�1$0 f ♦` r� Location Map: 139 & 143 Rockcliffe Drive RECOMMENDATION That applications A2018-016 and A2018-017 requesting relief from Special Regulation Provision 341R of the Zoning By-law to permit lot widths of 10.973 metres (A2018-016) and 10.973 (A2018-017) be approved. That application B2018-012 requesting consent to sever the subject property into two lots, be approved subject to the following conditions: 1. That Minor Variance Applications A2018-016 and A2018-017 receive full and final approval; 2. 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. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. .y 24 0�, ` , L PhY -x 23 � LOQ Ph 950 64 Lands fo beRhY LL tar LST C T) O L {ris lrjCY=ar- 7? PIW 12;22- 62 qtr) 7;'04 40-� 39.5rr�� sever + T LO 36. P4 7- E4 LOQ C 22 2a �;_ ,. NZ;'04'401t LOQ' 09W IP 9 g LCA rZ- Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the 2014 Official Plan and zoned Residential Four Zone (R-4) with Special Regulation 341 R in the Zoning By-law. The lands are currently vacant and were recently registered through the subdivision registration of 30T-98201, Stage 4B. The existing development of the neighbourhood consists of a mix of single detached 2 dwellings, street fronting townhouse dwellings and vacant lots that will consist of single detached dwellings. The owner is requesting permission to sever the subject lands into two lots with the intent to develop the lands with single detached dwellings. The severed lot would have a lot width of 10.973 metres, a depth of 36.0 metres, and a lot area 395 square metres. The retained lot would have a lot width of 10.973 metres, a depth of 36.0 metres, and a lot area 395 square metres. In addition, the owner has submitted the following minor variance applications; A2018-016 and A2018-017— The applicant is requesting relief from Special Regulation Provision 341 R of the Zoning By-law to permit lot widths of 10.973 metres (A2018-016) and 10.973 (A2018-017) whereas the zoning by-law special regulation requires a minimum lot width of 11.5 metres. City Planning staff conducted a site inspection of the property on January 26, 2018. Existing vacant lands at 139 &143 Rockcliffe Drive. Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990. c.P. 13, the uses of both the severed and retained parcels are in conformity with the City's Official Plan and meets the general intent of Zoning By-law 85-1. A Minor variance to permit a reduce lot width for the lots has been requested. Planning staff is of the opinion that the proposal meets the general intent of the regulations of the Residential Four Zone (R-4) and Special Regulation Provision 341R. The proposed 3 severances conform to the City's 2014 Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The proposed lots conform to policy 17.E.20.5 of the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B 2018-012 requesting consent to sever the subject property into three lots, be approved, subject to the conditions listed in the Recommendation section of this report. Minor Variance Applications — A2018-016 & 2018-017 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staffs opinion that the proposed variance meets the intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor change to the lot widths will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance meets the general intent of the Official Plan and it is the further opinion of staff that the requested variance is appropriate. 2. The requested variances to permit a reduced lot width of 10.973 metres meet the intent of the Zoning By-law. The purpose of the minimum 11.5 metre lot width requirement is to ensure the lot is of adequate size to support a building envelope and parking, as well as to provide adequate amenity space on site. The proposed lot meets all other zoning regulations and can provide a generous amount of amenity space for future single detached dwellings to be built on the lands. As such, staff is satisfied that the reduction of 0.527 metres in the lot width continues to meet the general intent of the Zoning By-law. 3. The variance can be considered minor as the reduced lot widths will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed lots are appropriate for the context of the existing neighbourhood, which consists of single detached dwellings and street fronting townhouse dwellings. 4. The requested variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. Engineering Comments: These lots were incorporated into the Civil design of Huron Woods 30T-98201, stage 4B. The services are already designed and the drawings have been approved (shown on Dwg. C-202). Engineering has no concerns. Environmental Planning Comments: No concerns. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Transportation Comments: Transportation Services has no concerns with the proposed application. Craig Dumart, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 5 Region of Waterloo Mla0rem 1111381iWell Rl1:411 February 12, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U3 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 Comments for Consent Applications B2018-005 to B2018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planning Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHagerman(a)regionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. B2018-010 to B2018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment February 20, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Brian Bateman, Senior Planner— 519-741-2200 ext. 7869 8 February 9, 2018 CSD -18-043 B2018-013, A2018-018 & A2018-019 — 647 & 659 Victoria St. S. Owner: Silicon North Real Estate Inc. Approve with Conditions '2a 22 ' 21 Subject Lands: 647 & 659 Victoria Street South 4ki> Bookn irks.Bas6 Wis *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATION: That application B2018-013 requesting consent to separate title affecting lands municipally addressed as 647 and 659 Victoria Street South 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 Owner submits a Building Code Assessment for Spatial Separation to the satisfaction of the Chief Building Official. 4. That the Owner obtains a Building Permit required implementing any measures outlined in the Building Code Assessment to the satisfaction of the Chief Building Official. 5. That application A2018-018 requesting to legalize twenty-three (23) parking spaces for an existing twenty (20) unit multiple dwelling and to legalize four (4) parking spaces to be located between the front of the building and the street line as shown in a plan prepared by ACI Surveying of December 13, 2017, be approved. 7. That application A2018-019 requesting a right side yard setback of 0.7 metres instead of the required setback of 1.2 metres for an existing detached dwelling be approved. REPORT Planning Comments: The subject property is addressed as 647 and 659 Victoria Street South as shown above. Staff conducted a site inspection on February 2, 2018. Although operating as two separate parcels of land, 647 and 659 Victoria Street South are under identical ownership resulting in the merging of the properties on title. In total, the combined properties measure 45 metres in frontage by depths of between 86 metres and 62 metres for an overall area of 3779 square metres. 647 Victoria contains an existing 20 unit multiple dwelling and surface parking lot for 23 vehicles. 659 Victoria is developed with a detached residential dwelling. The subject properties are zoned Residential Seven (R-7) in By-law 85-1 and designated Medium Rise Residential in the City's 2014 Official Plan. Some of the policies relating to this designation are under appeal. The corresponding designation in the 1994 Official Plan is Medium Rise Residential and will be relied upon for determining the general intent of the Official Plan. The owner is requesting consent to separate title while at the same time requesting variances for each address to legalize setbacks and parking. In support of the application, the owner has retained the IBI Group who has submitted a letter of January 19, 2018 providing justification for the proposal. Street View Photograph of 647 (left) & 659 (right) Victoria Street S. R�01 fi-013 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 lot addition is appropriate as the uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law, the dimensions and shapes of the retained lot are appropriate and suitable for the existing uses and any proposed use of the lands, the lands front on an established public street, and both parcels of land are currently serviced with independent and adequate service connections to municipal services. 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. A2018-018 — 647 Victoria Street S. This variance request is to legalize: 1. Twenty-three (23) existing parking spaces for twenty (20) multiple dwelling units and 2. Four (4) existing parking spaces that is located between the front of the building and the street line. 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 general intent of the Official Plan is being maintained. The Medium Rise Residential designation permits a range of housing types - including multiple dwellings - at medium densities throughout locations of the City. The intent of the Zoning By-law is to ensure properties are adequately parked for the use. At this location, the By-law requires a rate of 1.75 spaces per unit totaling 35 spaces for 20 units. Staff is of the understanding the property has operated as a 20 unit multiple dwelling for over 30 years and over that time has provided 23 parking spaces for a rate of 1.15 spaces per unit. As a result of the existing parking condition and the fact staff is unaware of any parking problems on site, staff has no concerns. For these reasons, staff is of the opinion the intent of the by-law is being maintained. The variances are considered minor and is appropriate for the use of land as the 23 parking spaces for 20 units is an existing condition - including the four (4) spaces located between the building line and the front lot line - that has spanned for over 30 years without any parking problems on site that staff is unaware of. The parking area is paved and functional. The use is permitted in the Zoning By-law and is supported by the Official Plan. A2018-019 — 659 Victoria Street S. This variance is required to permit a right side yard setback of 0.7 metres instead of the required 1.5 metres under the R-7 zoning. This is a technical variance resulting from the desire to separate title. The location of the dwelling is a pre-existing condition. The use is permitted in the Zoning By-law, supported by the Official Plan and because it is a pre-existing condition that has remained unchanged for over 30 years, staff has no concerns. The intent of the Official Plan is to support residential development at medium densities. The detached dwelling is residential and is a pre-existing condition and therefore meets the general intent of the Official Plan. The R-7 zoning supports the use of a detached dwelling. The R-7 zoning regulations require a 1.2 metre side yard on one side and 0 metres on the other side. The intent of a 1.2 metre side yard is to ensure there is adequate separation between properties. The request at 0.7 metres provides some separation and is considered wide enough to allow for rear yard access without the need for an easement. It is staffs opinion that the intent of the Zoning By-law is also met. Furthermore, the location of subject side yard is immediately adjacent to an existing residential property with a dwelling that is located approximately 6.6 metres away. Therefore, any impact is negligible as both dwellings are pre- existing. Therefore, it is staff's opinion that the proposed variance is minor and appropriate for the use of land as this variance recognizes what currently exists, and no impacts are anticipated as a result of allowing this variance. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A Qualified Designer, Architect or Engineer is retained to complete a building code assessment as it relates to the new proposed property line and addresses such items as: Spatial separation of existing buildings' wall face for each building, to the satisfaction of the Chief Building Official. Upgrading of exterior walls and/or closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. Transportation Services Comments: No concerns. Operations (Parks) Park land dedication will not be required on the severed parcels. Severance creates a new development lot, however the lot is currently occupied by one existing residential unit (one storey home). Dedication requirements may be required in future applications should further redevelopment of the parcel occur. Engineering Comments: No Concerns. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Mla0rem 1111381iWell Rl1:411 February 12, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U3 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 Comments for Consent Applications B2018-005 to B2018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planning Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHagerman(a)regionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. B2018-010 to B2018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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: February 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner — 519-741-2200 ext. 7668 WARD: 1 DATE OF REPORT: February 14, 2018 REPORT #: CSD -18-044 SUBJECT: Application Nos: B2018-014, B2018-015, A2018-020, & A2018-021 Address: 185 Forfar Avenue Owner: Martea Developments Summarized Recommendation: Refuse All Applications ro View of the severed lands taken from the north section of Forfar Avenue. The retained lands containing the existing one -storey detached dwelling are on the right } *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. RECOMMENDATIONS A. That Consent Application B2018-014 requesting consent to create a new lot with an approximate lot width of 14.05 metres, a depth of 29.46 metres, and an area of 415.6 square metres be refused; B. That Consent Application B2018-015 requesting consent to create a new lot with an approximate lot width of 13.70 metres, a depth ranging between 27.43 metres and 29.46 metres, and an area of 394.5 square metres be refused; C. That Minor Variance Application A2018-020 requesting to reduce the required minimum lot width for a corner lot proposed through B2018-014 from 15.0 metres to approximately 14.05 metres be refused; and D. That Minor Variance Application A2018-021 requesting to reduce the required minimum lot area for an interior lot proposed through B2018-015 from 411 square metres to approximately 394.5 square metres be refused. REPORT Planning Comments: The subject property located at the intersection of the north section of Forfar Avenue and the east section of Forfar Avenue in the Rosemount Planning Community. The property contains a one -storey single detached dwelling constructed in approximately 1958 that faces onto the north section of Forfar Avenue. The property possesses approximately 55.3 metres of frontage on the north section of Forfar Avenue, 27.9 metres of frontage on the east section of Forfar Avenue, and an area of 1,425.5 square metres. The lands to the south and west are composed mainly of single detached dwellings constructed between the early to mid 1980s, with a few interspersed single detached dwellings constructed in the late 1950s. The lands to the north, on the opposite side of the north section of Forfar Avenue are composed primarily of industrial / commercial uses. The lands to the east, on the opposite side of the east section of Forfar Avenue are composed primarily of single detached dwellings constructed between the early to mid 1980s. The property is designated Low Rise Residential in the 2014 Official Plan and is zoned Residential Three (R-3) in the Zoning By-law. Planning staff visited the property on January 30, 2018. The applicant is requesting consent to create 2 new lots fronting the east section of Forfar Avenue, while the retained lot would front onto the north section of Forfar Avenue: • Severed Lot 1 (corner lot; Consent Application B2018-014): o Lot width: 14.05 metres (Minor Variance Application A2018-020 submitted to reduce the minimum lot width from 15.0 metres to 14.05 metres) o Lot depth: 29.46 metres to 29.60 metres o Lot area: 415.6 square metres • Severed Lot 2 (interior lot; Consent Application B2018-015): o Lot width: 13.70 metres o Lot depth: 27.43 metres to 29.46 metres o Lot area: 394.5 square metres (Minor Variance Application A2018-021 submitted to reduce the minimum lot area from 411 square metres to 394.5 square metres) Retained Lot (the existing single detached dwelling on this lot is not proposed to be redeveloped): o Lot width: 24.15 metres o Lot depth: 27.81 metres to 28.74 metres o Lot area: 615.4 square metres As noted above, a minor variance application is required for Lot 1 for corner lot width relief, and a minor variance application is required for Lot 2 for interior lot area relief. 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 variances do not meet the intent of the Official Plan and the Zoning By-law. Section 4.C.1.8. of the 2014 Official Plan states: Where... minor variances are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variances will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. C) ... d) New buildings.... are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) ... f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Furthermore, Section 4.C.1.8. of the 2014 Official Plan states: Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Primarily, Planning staff is concerned that the proposed variances will facilitate the creation of a corner lot and construction of single detached dwelling on that lot that: • Is not compatible with the built form and the community character of the established neighbourhood; • Has a front yard setback that is not similar to the adjacent properties on the north section of Forfar Avenue and that does not maintain the character of the streetscape and the neighbourhood; • Is not sensitive to the exterior areas of adjacent properties; and • Does not provide sensitivity to the surrounding context. To be specific, the future single detached dwelling would be located in such a way that the established streetscape would be significantly upset along the north section of Forfar Avenue, because the proposed dwelling would be located much closer to the street than the existing dwelling on the retained lot, as well as the rest of the dwellings on the north section of Forfar Avenue. Essentially, the dwelling would protrude beyond and disrupt the established street wall created by existing houses along this stretch of the street (the street wall along this section is formed by the placement of 9 single detached dwellings). In addition, the rear yard amenity space of the future single detached dwelling would be located directly adjacent to the front yard of the retained lot, creating an awkward and undesirable lot configuration that would create compatibility and privacy issues. Secondarily, Planning staff is concerned that both of the severed lots would possess lot areas that are approximately 85 to 107 square metres less than the lots with the smallest areas in the neighbourhood (which have an area of 501 square metres), or between approximately 79% and 83% of the area of the smallest lots in the neighbourhood. Accordingly, the variances are not desirable for the appropriate development of the land. Instead, the variances will create unacceptably adverse impacts on adjacent properties. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, Planning staff offers the following comments. Section 17.E.20.5. of City's 2014 Official Plan states that: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration.... In this case, staff recommends that the Committee not grant the requested minor variances necessary to facilitate the subject consent applications to create two new lots for the reasons noted above. Further, staff is of the opinion that the proposed lots do not reflect the general scale and character of the established development pattern of surrounding lands since they do not consider appropriate lot configurations. Moreover, the applications do not meet the criteria for plan of subdivision outlined in Section 51 (24) off the Planning Act, especially with respect to: (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; and (f) the dimensions and shapes of the proposed lots. Although an argument may be made that an addition could be constructed onto the front of the dwelling that extends significantly closer to the street than the existing dwelling, no Planning Act applications would be required in such a circumstance and currently no tools are available to prevent such an undesirable situation. When Planning Act applications are involved, such as in this circumstance, the Committee is obligated to ensure conformity with the Official Plan. As stated above, the applications do not conform to the Official Plan. Additionally, in keeping with the 2014 Official Plan, as part of the City's Comprehensive Review of the Zoning By-law (CRoZBy), zoning regulations are being contemplated to prevent such undesirable additions from occurring by regulating the front and exterior side yard setbacks within Residential Zones based on average setbacks of existing adjacent dwellings. Planning staff concedes that the subject area is a "mixed bag" with respect to land use. The lot is located on a corner lot, across from industrial / commercial development to the north, and a residential lot to the east, which is buffered by significant vegetation. However, in the balance, staff is of the opinion that the requested consent application would significantly disturb the established streetscape for the neighbourhood to the west, and possibly to the south. Accordingly, Planning staff recommends that the subject applications be refused. If a new consent application was submitted to request the creation of only one lot, Planning staff may be able to support such an application, subject to conditions that ensure that the lot does not compromise the general scale and character of the established development pattern of surrounding lands and does ensure compatibility with and privacy for adjacent residential development. It should be noted that Planning staff discussed this refusal recommendation with the owner by phone on February 13, 2018 and suggested staff may be able to support the creation of one lot. However, the owner has decided to continue with the original proposal. Should the Committee wish to approve the subject applications, conditions should be imposed to require a site plan, elevation drawings, and landscape plans to minimize the negative impact on the residential neighbourhood, in accordance with Section 4.C.1.7 of the 2014 Official Plan, in addition to the standard consent conditions and those conditions outlined in the below department / agency comments. Heritage Planning Comments: No concerns. Environmental Planning Comments: Though the proposed severed lot has a tree it happens to be in the general location where a dwelling would be located. We will not be requesting any tree plans. Environmental Planning staff has no concerns. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A Qualified Designer, Architect or Engineer is retained to complete a building code assessment as it relates to the new proposed property line and addresses such items as: Spatial separation of existing buildings' wall face for each building, to the satisfaction of the Chief Building Official. Upgrading of exterior walls and/or closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. Transportation Services Comments: Consent Application B2018-014: Transportation Services would support this application subject to the following condition: Sidewalks should be provided along the Forfar Avenue frontage only for the severed portion of the land. Consent Application B2018-015: Transportation Services would support this application subject to the following condition: Sidewalks should be provided along the Forfar Avenue frontage only for the severed portion of the land. Minor Variance Applications A2018-020 and A2018-021: Transportation Services have no concerns with the proposed applications. Engineering Comments: Consent Application B2018-014: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm and a water service. The retained lands (if nothing changes with the house) will not require any new services. If a new house is built that house will also require a storm service. • Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • 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 house 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. Consent Application B2018-015: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. If the buildings have basements and a sump pump is required, a storm outlet will be required also. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service this property, all prior to severance approval. Our records indicate municipal water, storm and sanitary services are currently available to service this property. Each severed lot will require a sanitary, a storm and a water service. The retained lands (if nothing changes with the house) will not require any new services. If a new house is built that house will also require a storm service. • Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards at grade with the existing sidewalk. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • 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 house 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. Minor Variance Applications A2018-020 and A2018-021: Engineering has no concerns. Operations Division Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 2 new development lots will be created. The cash -in -lieu dedication required is $11,734.60 Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (27.91 m, less 2.4m difference between side yard abutting street vs. side yard interior) at a land value of $9,200 per frontage metre. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Attach: Sketch Submitted with Consent Application Forms LU c� N � Flj g W C ' � d i•��4yy1[. as g oa�m� LU W c7 * rc s s b 0 cJ d LL 0 L FORFAR AVENUE 020.117 wind � MY RES, PLAN 865) 0 cCL � * a.tsrar a. V q w Q hK _---C=�'----- LL MY "I �1 -- --'—_— c i� n - C e c a bl ;CIT Ogq K+ � o SMS V7' J 0 � pti x x N N ' 4} W Llf m € J (- 'rap zc + 'c � a rgPxuT E OfnvE�rT jp�j 8 - � �� Td LL _ I a I R•R n x:65 Lrt1E ul R 0 Fit LL LOT �pN � R`rbrl LL erl A P z PART w W CS tl 4.1 OA z `n z` o r= Y�= a}� of 4 0- V 2 s� $.r tt U a [C �! E o E w � S s � � S S ri CCk < Y V �a .Y xri rE E iJ Region of Waterloo Mla0rem 1111381iWell Rl1:411 February 12, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: B 2018-005 94 Morgan Avenue Elzbieta & Jerzy Kolosa PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U3 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 Comments for Consent Applications B2018-005 to B2018-015 Committee of Adjustment Hearing February 20, 2018 CITY OF KITCHENER The purpose of the application is to create a new lot for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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. Corridor Planning Noise The subject lands will be impacted by transportation noise from Fairway Road North (RR#3) and rail noise from CP Railway. The applicant is required to enter into a registered development agreement with the Region of Waterloo to provide a forced air - ducted heating system suitably sized and designed to permit the future installation of central air conditioning, as well as include the following noise warning clauses in all Agreements of Purchase and Sale and/or Rental Agreements for the severed lot: 1888113 1 of 4 "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from the CN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." Regional staff has no objection to the application subject to the following condition 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 the applicant enter into a Registered Development Agreement with the Region of Waterloo 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 lot: A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the severed lot: "Purchasers / tenants are advised that sound levels due to increasing road traffic on Fairway Road North (RR #53) and rail traffic from theCN railway mainline may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment and Climate change." "This dwelling unit has been designed with the provision for 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 noise levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment and Climate Change." 1888113 2 of 4 B 2018-006 to B2018-009 883 Doon Village Road Bob and Alison Lefrance The purpose of the application is to create four new lots for residential development. Community Planning Cultural Heritage The subject lands contain a designated (OHA Part IV) structure. As identified in the pre -submission process, an Archeological Assessment is required due to the designated structure. As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the entire property, and any adverse impacts to significant archaeological resources found shall be mitigated, through preservation or resource removal and documentation, at the expense of the owner. The applicant must submit the archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. The completed Archaeological Assessment and Ministry Acknowledgement will be required prior to final approval of the Consent Application. Details and questions about the Archeological Assessment can be directed to: Kate Hagerman, Specialist, Cultural Heritage, at 519-575-4757 ext. 4094, or at KHagerman(a)regionofwaterloo.ca. Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received January 31, 2018. Corridor Planning Noise Staff have reviewed the report entitled "Acoustical Impact Assessment" prepared by Walterfedy, dated January 5, 2018 and generally concur with the findings of the report. 1888113 3 of 4 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 severed lots numbered 1 and 2: b) The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. c) The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1) Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2) Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3) This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. 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 will submit an archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 3) 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 severed lots 1 and 2: 1888113 4 of 4 A. The dwellings will be fitted with a forced air -ducted heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupants. B. The following noise warning clause will be registered on title and required to be included on all offers of purchase, deeds and rental agreements for the units on lots 1 and 2: 1. Purchasers / tenants are advised that sound levels due to increasing road traffic on Doon Village Road may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 2. Purchasers / tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic on Doon Village Road may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the limits of the Region of Waterloo and the Ministry of the Environment and Climate Change. 3. This dwelling unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environmental and Climate Change. B2018-010 to B2018-011 and B2018-012 Block 28 and Block 29 Rockcliffe Drive Primeland Developments (2003) Limited The purpose of the 3 applications is to create a total of 5 lots (severed and retained) on the 2 Blocks subject to the applications. All lots will have frontage on Rockcliffe Drive. The Region's concerns with respect to the subject lands were addressed as part of the plan of subdivision application 30T-98201 (Stage 413, Blocks 28 and 29, registered as 58M-607), and secured through an agreement with the Region (WR794499 December 11, 2013). Community Planning Fee Pursuant to Region Fee By-law 17-076, the applicant's fee for review of the consent applications was received February 2, 2018. 1888113 5 of 4 Regional staff has no objection to the applications. B 2018-013 647 Victoria Street South Silicon North Real Estate Inc. The purpose of the application is to reestablish legal lot lines as this property has merged on title with the adjacent property at 659 Victoria Street South. Regional staff have no objection to the application. B 2018-014 and B 2018-015 185 Forfar Avenue Martea Developments The purpose of the application is to create two new lots for residential development. Community Planning Fee Pursuant to Region Fee By-law 17-076, 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, for a total fee of $700.00. Corridor Planning Noise It is the responsibility of the applicant to ensure the development is not adversely affected by the impacts of transportation noise from Victoria Street North (RR #55); rail noise from the CN Railway mainline (including the rail yard) north of Victoria Street, and stationary noise from adjacent businesses, including Kitchener Auto Wreckers and Denomme Automotive. In this regard the applicant must prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with 2 hard copies and an electronic copy of the noise study to the Region of Waterloo. A $250 fee for the preparation of traffic forecasts for Regional roads and review of Environmental Noise Studies would be required. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: 1888113 6 of 4 http://www.regionofwaterloo.ca/en/doingBusiness/resources/Noise Assessment Applicati on Fee Form.pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. The Environmental Noise Study will be required as a condition of this consent. Additionally, the applicant, if necessary based on the findings and recommendations of the study will be required to enter into an agreement with the Region of Waterloo to implement the recommendations of the study. 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 per lot created for a total of $700.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study, for both stationary and road noise, to the Region of Waterloo, and, if necessary, based on the findings of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Carolyn Crozier M.Sc.PI, MCIP, RPP Principal Planner 1888113 7 of 4 Region of Waterloo February 08, 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: D20-20/ VAR KIT GEN (1) / KING KIT, Grand River Hospital (6)/08 WEBER KIT, Lin Corp Solutions Inc. (9) /04 URBAN, Urban Oakloft Inc. (10, 14, 15)/53 Fairway, Fusion Homes (11)/VAR KIT, Revel Development Corp. (16, 17)/ 55, Silicon North Real Estate Inc. (18, 19)/VAR KIT, Marlea Developments Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 835 King Street West (SG 2018-002): No concerns. 2. 125 Highland Road East (SG 2018-003): No concerns. 3. 12 Redtail Street (A 2018-005): No concerns. 4. 48 Crosswinds Drive (A 2018-006): No concerns. 5. 56 Crosswinds Drive (A 2018-007): No concerns. 6. 1087 Weber Street East (A 2018-008): No concerns to this application. However, the owner please be advised that any redevelopment application on these lands would require a dedicated road widening up to 13.10 metres from Weber Street centre line. 7. 211 Strange Street (A 2018-009): No concerns. 8. 7 Peachwood Court (A 2018-010): No concerns. 9. 241 and 247 Ottawa Street South (A 2018-011): No concerns. 10.481 Rivertrail Avenue (A 2018-012): No concerns. 11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns. 12. 223 to 235 Heiman Street (A 2018-014): No concerns. 13.298 Mill Street (A 2018-015): No concerns. 14.139 Rockcliffe Drive (future) (A 2018-016): No concerns. 15.143 Rockcliffe Drive (future) (A 2018-017): No concerns. 16. 647 Victoria Street South (A 2018-018): No concerns. 17. 659 Victoria Street South (A 2018-019): No concerns. DOCS: 2643154 18. 185 Forfar Avenue (A 2018-020): No concerns. 19.185 Forfar Avenue (A 2018-021): 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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. ' Grand River Conservation Authority Resource Management Division Beth Brown, Supervisor of Resource Planning PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2307 E-mail: bbrown@grandriver.ca DATE: January 31, 2018 YOUR FILE: See below RE. Applications for Signs: SG 2018-002 835 King Street West SG 2018-003 125 Highland Road East Applications for Minor Variance: A 2018-005 12 Redtail Street A 2018-006 48 Crosswinds Drive A 2018-007 56 Crosswinds Drive A 2018-008 1087 Weber Street East A 2018-009 211 Strange Street A 2018-010 Peachwood Court A 2018-011 241-247 Ottawa Street South A 2018-012 481 Rivertrail Avenue A 2018-013 65, 71 & 79 Madison Avenue South A 2018-015 298 Mill Street A 2018-016 Rockcliffe Drive (future # 139) A 2018-017 Rockcliffe Drive (future #143) A 2018-018 647 Victoria Street South A 2018-019 659 Victoria Street South A 2018-020 185 Forfar Avenue (corner lot) A 2018-021 185 Forfar Avenue (interior lot) Applications for Consent: B 2018-005 94 Morgan Avenue B 2018-006 to 009 883 Doon Village Road B 2018-010 Rockcliffe Drive (future #155-163) B 2018-011 Rockcliffe Drive (future #159-163) B 2018-012 Rockcliffe Drive (future #139 & 143) B 2018-013 647 Victoria Street South B 2018-014 185 Forfar Avenue (corner lot) B 2018-015 185 Forfar Avenue (interior lot) 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 *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.