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HomeMy WebLinkAboutCA Agenda - 2019-03-19THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly.dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, March 19, 2019, commencing at 10:00 a.m. in the Council Chamber, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. 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 2019-005 - 1275 Bleams Road Permission to legalize an existing ground -supported sign having automatic changing copy that is 38% of the sign face rather than the permitted maximum 30%; and, to be located 34m from a residential zone rather than the required 100m. SG 2019-006 - 1415 Huron Road Permission to install a ground -supported sign having automatic changing copy located 30m from a residential zone rather than the required 100m; having automatic changing copy that is 50% of the sign face rather than the permitted maximum 30%; and, to have third party advertising on the sign whereas the By-law does not permit third party advertising. SG 2019-007 - 540 Bingemans Centre Drive Permission to install a ground -supported sign located 30m from another ground -supported sign on the subject property rather than the required 50m; and, located 28m from another ground -supported sign on an adjacent property rather than the required 50m distance separation. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-020 — 650, 656 and 664 King Street East Permission to convert an existing commercial/residential building into a medical office having parking located 3m from the street line abutting King Street East rather than the required 4.5m setback; and, to have a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. A 2019-021 - 859 Queens Boulevard Permission to construct a one -storey garage in the rear of an existing single detached dwelling having the required off-street parking space to be located 0.91 m from the street line abutting Spadina Road rather than the required 6m. Page 1 of 3 A 2019-022 - 312 Rivertrail Avenue Permission to construct a single detached dwelling having a driveway to be located 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required 9m. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street East; and, 15, 25, 29 Pearl Place Permission to construct an 11 -storey 171 -unit mixed -used building having a building height of 39.2m rather than the maximum 33m; having a rear yard setback of 3.3m rather than the required 7.5m; having a reduced residential parking rate for units larger than 51 sq.m. at 0.96 spaces/per-unit rather than the required 1.25 spaces/per-unit (139 off-street parking spaces/145 residential units); having a reduced restaurant parking rate of 1 space per 9.5 sq.m. of Gross Floor Area (GFA), rather than the required 1 space per 7.5 sq.m. of GFA; and, to permit the required landscape buffer along Pearl Place to have a minimum width of 2.6m whereas the By-law requires a width of 3m. A 2019-024 - 51 Benton Street Permission to legalize an existing 2 -storey building having 29 off-street parking spaces rather than the required 79 spaces for 1,380 sq.m. of Gross Floor Area (GFA) for a plaza. The second storey is currently vacant and being repurposed for medical office use. A 2019-025 - 25 Bruce Street Permission to legalize a convenience retail use having 572 sq.m. Gross Floor Area (GFA) rather than the maximum GFA of 225 sq.m.; and, to have landscape buffers along Victoria Street North of 2m and 1.524 along Bruce Street whereas the By-law requires a 3m landscape buffer. B 2019-008 - 50 & 52 Breckenridge Drive Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land municipally addressed as 52 Breckenridge Drive will have a width of 9.168m, an average depth of 40.07m and an area of 367 sq.m. The retained land municipally addressed as 50 Breckenridge Drive will have a width of 9.150m, an average depth 38.08m and an area of 349 sq.m. B 2019-009 - 500 Karn Street Permission to sever a parcel of land having a width of 10.211 m, a depth of 41.6m and an area of 439.5 sq.m. The retained land will have a width of 10.211m, a depth of 42.2m and an area of 439.3 sq.m. Both lots are intended for residential use; the existing dwelling will be demolished. B 2019-010 - 50 Roos Street Permission to sever a parcel of land having a width of 13.7m, a depth of 58.9m and an area of 823 sq.m. to be conveyed as a lot addition to the property municipally addressed as 56 Roos Street. B 2019-007, A 2019-018 & A 2019-019 (Amended) - 396 Vanier Drive Permission to sever a parcel of land having a width of 12.50m, a depth of 24.38m and an area of 304.75 sq.m. The retained lot will have a width on Siebert Drive of 21.028m, a depth of 24.384m and an area of 512.46 sq.m. Permission is also being requested to allow the severed lot to have a front lot width of 12.5m rather than the required 13.7; and, a lot area of 304.75 sq.m. rather than the required 411 sq.m. In addition, permission is requested for the retained land to have a rear yard setback of 3.76m rather than the required 7.5m. Both lots are intended for residential use. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. Page 2 of 3 a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Local Planning Appeal Tribunal LPAT) may dismiss the appeal. any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly. dyson(a)kitchener.ca. if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Local Planning Appeal Tribunal hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 1 st day of March 1, 2019. 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 MARCH 1, 2019. Page 3 of 3 Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K R www.ki tch en er. c a Committee of Adjustment March 19, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 #5 March 7, 2019 DSD -19-050 SG 2019-005 — 1275 Bleams Road Applicant - Darren Ouellette (Canada Sign) Approve with Conditions a Existing Sign v t 1 T2 T i r _. T275 1 — Location Map: 1275 Bleams Road r� AM ? , � 4* ! *** 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 is zoned Restricted Business Park (B-2) with Special Use Provision 351 U. The property is designated as Restricted Business Park in the Huron Secondary Plan in the 1994 Official Plan. City Planning staff visited the site on March 4, 2019. The applicant is requesting to replace an existing ground supported sign with automatic changing copy. The applicant is seeking relief from Section 680.3.29 of the Sign By -Law to allow automatic changing copy on a sign that is located 34 metres from a Residential Zone rather than the required 100 metres. The applicant is also asking for relief from Section 680.11.19 of the Sign By -Law to allow for an automatic changing copy area of 38% rather than the required 30% maximum. Existing ground supported sign with residential zoning across the street Variance #1: The intent of Section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the automatic changing copy is oriented at a 90 -degree angle away from the nearest residential zone. This means the light cast by the automatic changing copy will not reach the front face of the nearest residential property. Secondly, a wooden privacy fence is located between the sign location and residential lots across the street. To ensure that the sign does not cause a nuisance, Staff is recommending a condition that the sign be turned off between the hours of 10:OOPM and 6:OOAM. r Y _ �;... ... ` CHRISTIAN REF©RMEa CHURCH CHRIS4 519-743- o11��pB�l -- �. SERVICES i n&dym YOUTH PASTOR _ _— E496RING GOD'S LOVE 1UR 1 VE IN us d — Existing ground supported sign with residential zoning across the street Variance #1: The intent of Section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the automatic changing copy is oriented at a 90 -degree angle away from the nearest residential zone. This means the light cast by the automatic changing copy will not reach the front face of the nearest residential property. Secondly, a wooden privacy fence is located between the sign location and residential lots across the street. To ensure that the sign does not cause a nuisance, Staff is recommending a condition that the sign be turned off between the hours of 10:OOPM and 6:OOAM. Variance #2: The intent of Section 680.11.19 of the Sign By -Law that limits automatic changing copy to 30% of the sign area is to minimize potential impacts of the sign such as distraction and brightness, and to discourage digital screens that are excessively large. The Sign By -Law also states that properties with over 50 metres of lot width, such as this one, are permitted to have a sign area of up to 20 square metres. In this case, the proposed sign area is only 6.05 square metres, with an automatic changing copy area of 2.3 square metres. Therefore, staff is of the opinion that the proposed area of automatic changing copy on the sign meets the intent of the By -Law by minimizing impacts and limiting the sign area to an appropriate size for the neighbourhood and surrounding area. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. RECOMMENDATION That application SG 2019-005 requesting permission to replace the existing ground supported sign with an automatic changing copy located 34 metres from a residential zone rather than the required 100 metres; and, having 38% of the sign area being automatic changing copy rather than the required maximum area of 30% be approved, subject to the following conditions: 1) That a sign permit is obtained from the Planning Division. 2) That the automatic changing copy portion of the sign be turned off between the hours of 10:OOpm and 6:OOam. 3) That condition 1 shall be completed prior to October 1, 2019. 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. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 5 DATE OF REPORT: March 8, 2019 REPORT #: DSD -19-051 SUBJECT: SG2019-006 — 1415 Huron Road Applicant — Alex Vandersluis, Schlegel Urban Developments Corp on behalf of Huron Crossing Developments Inc. Approved with Conditions Future commercial development C) -r Location Map: 1415 Huron Road *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. f A REPORT Planning Comments: The subject property located at 1415 Huron Road is zoned Mixed Use Two (MU -2), with Special Use Provisions 435U, 648R, 70H in the Zoning By-law 85-1. City Planning staff conducted a site inspection of the property on March 4th, 2019. The applicant is requesting relief from: 1) Section 680.3.29 to permit an automatic changing copy sign to be located 30 metres from a residential zone rather than the required 100m setback. 2) Section 680.3.32 to permit a sign located at 1215 Huron Rd. to contain non -accessory advertising for a multi tenant building located at not yet municipally addressed but directly north of 1215 Huron Rd. 3) Section 680.11.19 to permit the automatic changing copy portion of a sign to be 50% of the sign face rather than the permitted maximum of 30%. The applicant is proposing to construct a ground supported sign with automatic changing copy located 30 metres to the nearest residential zone. However, the proposed sign does not meet the required separation distance of 100 metres to a residentially zoned area. The variance to reduce the setback required for a sign containing automatic changing copy from a residential zone can be considered minor. The nearest residentially zoned area is located on the opposite side of the street of the subject lands. The sign itself will be perpendicular to the road, and therefore will not be facing the residential properties across the street. It is anticipated that the automatic changing copy will have little effect on the nearby residential area. The property located at 1415 Huron Rd. and the property directly north of 1415 Huron Rd. (not yet municipally addressed) are being designed in conjunction with each other. The purpose is for both properties to function as a cohesive plaza. Therefore, the variance to allow 3,d party advertising can be considered minor. Furthermore, advertising for businesses located outside of the two properties in question will not be permitted. The increase is size area is marginally larger than what is permitted. The proposed size is in keeping with the large area of lands covered by this commercial plaza and its adjacent commercial properties associated with the development. The increase is size will not adversely affect the surrounding neighbourhood. Staff is of the opinion that the reduction of the separation distance, the non -accessory advertising, and the increase in the automatic changing copy portion of the sign will not adversely affect the surrounding neighbourhood and is appropriate for the subject property. U 0 Proposed location of new sign at 1415 Huron Road Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION That minor variance application SG2019-006 requesting relief from Section 680.3.29 to permit an automatic changing copy sign to be located 30 metres from a residential zone rather than the required 100m setback; Section 680.3.32 to permit a sign located at 1215 Huron Rd. to contain non -accessory advertising for a multi tenant building located not yet municipally addressed but directly north of 1215 Huron Rd.; Section 680.11.19 to permit the automatic changing copy portion of a sign to be 50% of the sign face rather than the permitted maximum of 30%; be approved subject to the following conditions: 1. That a sign permit is obtained from the Planning Division. 2. That the automatic changing copy portion of the sign be turned off between the hours of 10:OOPM and 6:00 AM. 3. That condition 1 shall be completed prior to December 1St, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 KIR www.ki tch en er. c a Committee of Adjustment March 19, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 #1 March 7, 2019 DSD -19-052 SG 2019-007 — 540 Bingemans Centre Drive Applicant — Alicia Montieth (Labreche Patterson & Associates Inc.) Approve AS AMENDED with Conditions Location Map: 540 Bingemans Centre Drive *** 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 is zoned Business Park Service Centre (B-3) with Special Regulation Provision 416R and Special Use Provision 338U. The property is designated as Business Park Employment in the City's 2014 Official Plan. City Planning staff visited the site on February 22, 2019. It is also important to note that the subject property is registered as a Vacant Land Condominium containing two units. Despite the property having two separate units, the Sign By-law still regards the site as one property. The applicant is seeking relief from Section 680.11.13 (a) of the Sign By-law to construct a ground supported sign at a seperation distance of 30 metres from another ground supported sign on the same property rather than the required 50 metres. Upon further investigation, a second variance is required for a separation distance of 28 metres from another ground supported sign on the same property rather than the required 50 metres. The applicant clarified that three ground supported signs will be constructed on the same property, which warrants a second variance for the separation distance between Sign A and Sign C. Therefore, Planning Staff recommends that the minor variance application be amended. Please see the sketch below for a visual representation. _ SIG _ _,�•� 4,, GR(DUIND ' 1 BUILDING H SUPPORTED SIGN �L CikA— J,J=!m1 ! o 1 ` s 1 Image 1: Sketch of the proposed ground supported sign locations and separation distances Planning, Urban !?sign 8 Landscape Architecture - h 1HBC; RICHARDSON _ - GMP I J� It PARSONS -� s -- i` �- M s '7 x - _ .:3X3': y,:; .. -•*rt _: _. Image 2: Approximate location of Sign A I� 1� l LEASE - 197 4904 Image 3: Approximate location of Sign B Image 4: Approximate location of Sign C The intent of Section 680.11.13 (a) of the Sign By -Law requiring a minimum 50 metres between ground - supported signs on the same property is to ensure that the number of ground signs on a single property do not dominate and therefore negatively impact the streetscape. In this case, the third ground supported sign (i.e. Sign C) is proposed to be located in the interior of the property, meaning the sign will have minimal impact on the property's frontage. Therefore, staff is of the opinion that the reduced separation distance proposed by the applicant is sufficient and meets the intent of the By-law by minimizing impacts on the streetscape and surrounding area. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: No comments. RECOMMENDATION That application SG 2019-007 (as amended) requesting permission to have a separation distance of 30 metres between two ground supported signs on the same property rather than the required 50 metres; and, having a separation distance of 28 metres between two ground supported signs on the same property rather than the required 50 metres be approved, subject to the following conditions: 1) That sign permits are obtained from the Planning Division. 2) That condition 1 shall be completed prior to October 1, 2019. 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. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report Development Services Department www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: March 8, 2019 REPORT #: DSD -19-053 SUBJECT: A2019-020 — 650-664 King Street East Applicant — Osama Abo Nassar on behalf of Godia Investment Inc. Approved with Conditions d . r .. 1r1 T 0 %L t a 4i 4 j S . l FamilyAli' �. AG Location Map: 650-664 King Street East *** 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 650-664 King Street East is zoned Mixed Use Two (MU -2) with Special Regulation 541 R, and designated Mixed Use Corridor in the King Street East Neighbourhood Secondary Plan of the City Official Plan. The property is being redeveloped with 2 new health offices each within the existing buildings. The structure in the middle of the property is being removed in order to accommodate parking for the new uses. The applicant is requesting relief from: a) Section 6.1.1.1a) v) to allow parking 3.0 metres from a street line rather than the required 4.5 metres; b) Section 5.3 to allow a 0.5 metre encroachment for parking within the corner visibility triangle, whereas no encroachment in the corner visibility triangle is permitted. City Planning staff conducted a site inspection of the property on March 7, 2019. Building to be demolished 650-664 King Street East In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Mixed Use Corridor in the King Street East Neighbourhood Secondary Plan. The intent of this designation is to permit a broad range of commercial uses and achieve a built form that is compatible with the surrounding low rise residential neighbourhood. The proposed variances will permit the creation of two new health offices within the existing structures which complies with the policies of this designation. One of the existing structures will be demolished in order to provide parking for the health office uses. Staff is in support of the application as it is compatible with the established neighbourhood. Based on the foregoing staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of Zoning By-law 2. The requested minor variances to allow parking 3.0 metres from a street line rather than the required 4.5 metres, and to allow a 0.5 encroachment for parking within the corner visibility triangle whereas no encroachment is permitted, all meet the general intent of the Zoning By-law. The variance is required due to a road widening allowance that is being taken for King Street, which consequently then effects the parking lot setback. Furthermore, the variances will permit the required number of parking spaces to be on site for the health office uses. Staff is satisfied that the requested variances meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The new development encourages a mix of uses with the neighbourhood and is at a scale and density that is appropriate. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Due to the minor nature of the requests, Transportation Services can support a reduced parking setback of 3.0 metre as opposed to the minimum 4.5 metre setback and can support the 0.5 metre encroachment into the driveway visibility triangle. Environmental Comments: There are no natural heritage features or functions of local, Regional, Provincial or national significance on, or adjacent to, the subject property. Treed vegetation is limited. Tree Management Policy requirements will be to the discretion of the Urban Designer as part of the Site Plan Approval process. Heritage Comments: Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 656 King Street East is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2019-020 requesting relief from Section 6.1.1.1a) v) to allow parking 3.0 metres from a street line rather than the required 4.5 metres; and Section 5.3 to allow a 0.5 metre encroachment for parking within the corner visibility triangle whereas no encroachment in the corner visibility triangle is permitted, be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. A Demolition permit and demolition control exemption be obtained prior to the demolition of the existing structure. 3. That Zoning (Occupancy) Certificates are obtained from the Planning Division to establish the Health Office uses on the property. 4. That all conditions shall be completed prior to March 1St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: r REPORT Kix,\�R wwwkitchener. ca Committee of Adjustment March 19th, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 9 March 11th, 2019 DSD -19-054 A2019-021 — 859 Queens Boulevard Applicant — Philip Servos Recommendation: Approve with condition I Location Map: 859 Queens Boulevard Planning Comments: The subject property located at 859 Queens Boulevard is zoned Residential Four Zone (R-4) in the Zoning By-law 85-1. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on February 25th, 2019. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is replacing a detached garage and is requesting relief from Section 6.1.1.1(b)(i) of the Zoning By-law to allow for a required off-street parking space to be located 0.91 metres from a street line rather than the required 6 metres. View of Existing Detached Garage (February 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. General Intent of the Official Plan 1. The requested variance meets the general intent of the 2014 Official Plan. The subject property is designated Low Rise Residential in 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 variances for the proposed detached garage do not interfere with the general into of the Official Plan. General Intent of the Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that requires off-street parking to be set back 6 metres from a street line is to ensure that there is enough space to adequately park a car and that the parking area does not dominate the streetscape. In this situation, the lot narrows substantially towards the rear property line, making it not possible to comply with the By-law and locate a parking space 6 metres from the street line, whether in a garage or not. The applicant is proposing to construct a garage capable of storing 2 vehicles. Staff believes that the proposed garage will provide adequate parking for the Single Detached Dwelling use and therefore it meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed variance are considered desirable and appropriate for the development and use of the lands. The neighbourhood contains smaller lots and reduced setbacks. The requested variance would fit in to the existing surrounding neighbourhood in terms of scale and form. Is the Variance Minor? 4. The variance is considered minor. The proposed one -storey accessory building is not expected to cause adverse effects and any impacts are considered minor by Staff. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached garage is obtained prior to construction. Please contact the Building Division @ 519- 741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 859 Queens Boulevard is advised that the property is located within the Queens Boulevard CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No natural heritage features/environmental planning concerns. RECOMMENDATION That application A2019-021 requesting permission to construct a one -storey garage in the rear of an existing single detached dwelling having the required off-street parking space to be located 0.91m from the street line abutting Spadina Road rather than the required 6m be approved, subject to the following condition: 1. That a curb cutting permit application be made to the Engineering Division. Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 19, 2019 I KNxc Nr.R www.kitch en er. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Christian Tsimenidis, Student Planner - 519-741-220 ext. 7074 #2 March 7, 2019 DSD -19-055 A2019-022 — Rivertrail Avenue Applicant — Phil Ha Approve Location Map: 312 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is zoned Residential Four (R-4) with Special Regulation Provision 597R. The property is also designated as Low Rise Residential in the City's Official Plan. City Planning Staff visited the site on March 1, 2019. The applicant is 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 7.93 metres from the intersection for a single detached dwelling, rather than the required 9.0 metres. Subject property under construction 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. General Intent of the Official Plan The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A number of Low Rise Residential policies from the 2014 Official Plan are under appeal. Therefore, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. This intent of this designation is to preserve the scale, use and intensity of the existing 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. It is the opinion of staff that the proposed variance meets the general intent of the Official Plan designation. 2. General Intent of the Zoning By-law The applicant has requested a variance to permit a driveway setback of 7.93 metres rather than 9.0 metres from the intersection. The intent of the regulation that requires 9.0 metres between parking spaces and the intersection of street lines is to provide adequate visibility for motorists, cyclists and pedestrians turning at the intersection and to avoid conflicts from a driveway located too close to an intersection. In this case, the proposed setback of 7.93 metres still ensures that the driveway will be outside of the Corner Visibility Triangle (7.5 metres). It is the opinion of staff that the 1.07 metre reduction meets the general intent of the By-law with respect to safety and visibility. Additionally, Transportation Services support a 1.07 metre reduction from the required 9.Om driveway setback from the intersection. 3. Is the Variance Minor? The variance is considered minor. The variance represents a small reduction in the requirements and any potential impacts are considered minor by City Planning staff. 4. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance should not impact the character of the surrounding neighbourhood. It is the opinion of staff, that the proposed 7.93 metre separation allows for sufficient separation from the driveway and will not impact the subject or adjacent properties. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services would support a 1.07 metre reduction from the required 9.Om driveway setback from a corner. Engineering Comments: No comments. RECOMMENDATION That application A2019-022 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 7.93 metres from the intersection for a single detached dwelling rather than the required 9.0 metres, be approved. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT # SUBJECT: .—V Report: Committee of Adjustment March 19, 2019 1 K�RTIN-r_ K wwwkitchener. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 10 March 10, 2019 DSD -19-056 Application #: A2019-023 - 66, 68, 82 WEBER STREET EAST; 79, 83, 87 SCOTT STREET and 15, 25, 29 PEARL PLACE Applicant: Dave Aston, MHBC Recommendation to Approve with Conditions s SUBJECT PROPERTY 'Subject Property l_ ko r M •r t r 5 The subject property is an assemblage of properties municipally addressed as 66, 68, 82 Weber Street East; 79, 83, 87 Scott Street and 15, 25, 29 Pearl Place. The subject lands have frontage onto a Regional roadway (Weber), a City street (Scott) and a City laneway (Pearl) with a total area measuring 0.71 hectares. The subject site contains a residential dwelling of heritage designation, the EIWO office building of heritage significance, surface parking lots and vacant lands. Surrounding land use is commercial and low rise residential. Staff Repod J K�itR Development Services Department www.kitchener.ca Located within the Central Frederick neighbourhood, these lands are designated in the Central Frederick Secondary Plan as Medium Density Commercial Residential with a Special Policy Area to allow for a comprehensive mixed use development with a building no greater than 11 storeys in height and with an overall Floor Space Ratio of 2.33. The corresponding zoning is Commercial Residential Two (CR -2) with Special Regulations and Use Provisions 115R, 552R, 125U and 407U. A site plan application (SP18/108/S/BB) has been submitted for the construction of an 11 -storey residential apartment building on the subject lands (see below). The proposed building will contain 171 new dwelling units and 2 units will be contained within the renovated building at 87 Scott Street, for a total of 173 dwelling on the subject lands. Office uses are proposed within the renovated 82 Weber Street East, and ground floor commercial (restaurant) uses are proposed within the apartment building. Parking for residents of the apartment building is to be provided entirely underground, with the surface parking areas intended to serve the proposed commercial use in the new building, visitor parking for the apartment and the office uses at 82 Weber Street East. A single point of access to the site is proposed from Scott Street for vehicular movements to and from the site. The plan has been updated to now show the removal of the access to Pearl Place, based on comments received from residents. A meeting was held with residents on January 30th, 2019 to review the updated plan and discuss the proposed variances. p�..._.- WEBER STREET Proposed Site Plan Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca Variances Requested In order to implement the proposed site plan the following variances are being requested for the subject lands: 1. To permit a residential parking rate of 0.96 spaces per dwelling unit for units sizes greater than 51 square metres (139 parking spaces), whereas 1.25 spaces is required per dwelling unit (181 parking spaces); 2. To permit a parking rate of 1 space per 9.5 square metres of Gross Floor Area (30 parking spaces) for a restaurant use, whereas 1 space per 7.5 square metres of Gross Floor Area is required (37 parking spaces); 3. To permit a maximum height of 39.2 metres; whereas a maximum height of 33 metres is permitted (Special Provision 552R), however maintaining the building at 11 storeys; 4. To permit a minimum rear yard setback of 3.3 metres; whereas a minimum of 7.5 metres is required (Section 45.3.6), to recognize an existing condition; and 5. To permit a landscaped buffer width of 2.6 metres along a portion of Pearl Place, whereas a minimum width of 3.0 metres is required. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: 1. Does the variance maintain the general intent and purpose of the Official Plan? The subject property is designated Medium Density Commercial Residential in the Central Frederick Neighbourhood Secondary Plan of the City of Kitchener Official Plan. The intent of this designation is to allow for medium density residential, office and institutional redevelopment. Land uses may be segregated in separate buildings or integrated in mixed use developments. A higher level of urban design is expected, according to the Official Plan. The proposed variances will implement a site development that is permitted and envisioned for this designation, is compatible with the surrounding area, achieves a higher level of urban design and encourages the use of public transit through appropriate Transportation Demand Measures while balancing it with the need for on site parking. In the opinion of staff the intent of the Official Plan is therefore being maintained 2. Does the variance maintain the general intent and purpose of the Zoning By-law? Parking Space Rate & Landscape Strip Reduction The variance for a parking reduction maintains the intent of the by-law as there will be an adequate number of parking spaces provided on site (both surface parking and below grade parking) to serve both the residential and commercial uses on site as well as the implementation of a number transportation demand management (TDM) measures. The surface parking area can also function as a "shared" parking area for the residential units when the commercial uses are closed. The site is located within walking distance to higher order transit (LRT) and the City is introducing a new Zoning By-law that proposes less stringent parking requirements for residential and commercial uses. The proposed landscape buffer along Pearl Place varies in width, and meets the required 3.0 metres width across the majority of the length of the buffer. A width of 2.6 metres is proposed for Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca a short length of the proposed landscape buffer, at the rear of the dwelling at 87 Scott Street near the stair entrance to the underground parking. A buffer wall is proposed along the Pearl Place frontage to reflect the pattern of homes along Pearl Place and is designed to reduce headlight glare toward the existing homes, in addition to the providing landscaping. Jointly, the landscaped area and the buffer wall will provide sufficient screening to the existing low rise dwellings on Pearl Place from the proposed development. The general intent of the Zoning By-law is therefore being maintained as the minimum landscape buffer width is maintained across the majority of the Pearl Place frontage. Building Height Variance Special Provision Regulation 552R permits a maximum building height of 11 storeys (33 metres). Staff acknowledge that at the time 552R was considered, the 33 metre maximum building height was based on an assumption of 3 metres per floor. There was no assumption for a different height for the ground floor commercial that is largely driving the proposed increase in building height currently being assessed. Given the situation, staff is of the opinion the intent of 552R is being maintained which was push the building and 11 storey height to the Weber and Scott intersections and away from Pearl Place so as to minimize the effects of height and shadow on adjacent low rise residential properties. The current proposal locates the footprint of the building closer to Weber Street and farther away from Pearl Place than was conceptually proposed when 552R was adopted back in 2010. The applicant's Urban Design Brief submitted with the site plan application indicates that shadow impacts are within acceptable limits despite an increase in height. Consequently, staff is supportive of the variance from 11 storeys (33m) to 11 storeys (39.2m) as the general intent of the by-law is maintained. Rear Yard Setback Variance As this is an existing situation, the variance is technical in nature and staff is supportive of legalizing the setback. This is a result of what was a side yard for the existing building located at 83 Weber Street East now considered the rear yard due to the comprehensive redevelopment and consolidation of properties. Consequently, the general intent of the Zoning By-law continues to be maintained. 3. Are the variances minor? Each of the requested variances will not have negative impacts on abutting lands or properties and visually the variances will not be perceivable. All services and amenities are provided within the site to adequately meet the needs of the commercial tenants and residents. Additionally, the proposed development will create a significant entry feature at the gateway to the downtown area. Therefore, the variances are minor in the opinion of staff 4. Are the variances appropriate for the development of the lands? The variances are appropriate for the development and use of the land for the following reasons. The location and configuration of the subject lands is appropriate to support a development of the scale proposed. The new mixed use development is situated on a primary transit corridor (Weber Street East) and is within walking distance of ION (LRT). The proposed variances will implement a site development that is permitted and envisioned for this designation, is compatible with the surrounding area, achieves a higher level of urban design, retains, enhances and integrates Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca heritage resources and encourages use of public transit through appropriate Transportation Demand Measures while balancing it with the need for on site parking. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support a reduced residential parking rate of 0.96 space per dwelling unit (for units larger than 51 sq. m.). Transportation Services can also support a reduced restaurant parking rate of 1 space per 9.5 sq. metres. As a condition of approval, Transportation Services recommends the following TDM measures be required on site as noted in the TDM report submitted by the applicant: • TDM Measure B1 — 85 bicycle spaces beyond the minimum required. • TDM Measure B4 — Provision of 1 ride share space (Priority Car Pool Spaces) • TDM Measure B5 — Provision of active uses at -grade along street frontages • TDM Measure B7 — Building owner/occupant agrees to charge for parking as a separate cost to occupants. Engineering Comments: No concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variances. The properties municipally addressed as 87 Scott Street and 82 Weber Street East, which form part of the subject property are listed on the Municipal Heritage Register. The property municipally addressed as 91 Scott Street is adjacent to the subject property and listed on the Municipal Heritage Register. Heritage Planning staff has reviewed the application for a minor variance and concludes that the reduced residential parking and restaurant parking, reduced landscape buffer, and increased building height will not adversely impact the listed properties. 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 as the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 79-87 Scott Street, 66-82 Weber Street East, and 15-29 Pearl Place is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That Application A2019-023 seeking relief to permit: a residential parking rate of 0.96 spaces per dwelling unit for unit sizes greater than 51 square metres (139 parking spaces), whereas 1.25 spaces is required per dwelling unit (181 parking spaces); a parking rate of Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca 1 space per 9.5 square metres of Gross Floor Area (30 parking spaces) for a restaurant use, whereas 1 space per 7.5 square metres of Gross Floor Area is required (37 parking spaces); a maximum height of 39.2 metres whereas a maximum height of 33 metres is permitted (Special Provision 552R), however maintaining the building at 11 storeys; a minimum rear yard setback of 3.3 metres; whereas a minimum of 7.5 metres is required (Section 45.3.6), to recognize an existing condition; and a landscaped buffer width of 2.6 metres along a portion of Pearl Place, whereas a minimum width of 3.0 metres is required, be approved subject to the following conditions: That Site Plan Application (SP18/108M/BB) receive full and final approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the Owner agrees to implement the following TDM measures to the satisfaction of the Director of Transportation: • TDM Measure B1 — 85 bicycle spaces beyond the minimum required. • TDM Measure B4 — Provision of 1 ride share space (Priority Car Pool Spaces) • TDM Measure B5 — Provision of active uses at -grade along street frontages • TDM MeasureB7— Building owner/occupant agrees to charge for parking as a separate cost to occupants. Brian Bateman, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. J Staff Report Ki' NER Community Services Department www.krtchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 9 DATE OF REPORT: March 11, 2019 REPORT #: DSD -19-057 SUBJECT: A 2019-024 — 51 Benton Street Applicant — Osama Abo Nassar Owner — 2249429 Ontario Inc Deferral FWD! REPORT Planning Comments: The property is zoned Commercial Residential Three (CR -3) with a site-specific regulation, 136R, in By- law 85-1 and is designated as High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan of the City's 1994 Official Plan. Staff visited the site on March 8, 2019. The owner is requesting permission to legalize an existing two-storey building having 29 off-street parking spaces rather than the required 79 spaces for 1,380 sq. m. of gross floor area (gfa) for a plaza. The second storey is currently vacant and being repurposed for medical office use. The subject property received minor variance approval, A 2015-071, in 2015, to permit the existing building to be converted into a medical office. A parking reduction was approved for 29 spaces rather than the required 62 spaces for 916 square metres on the main floor of the building. At that time, a Transportation Parking Study was submitted which supported the above noted parking variance. The owner is now requesting to renovate the second floor and convert the space into an additional 414 square metres of medical offices for a total of 1,380 square metres of multiple units for medical professionals. Staff met with the consultant and the owner previously and advised that an updated Transportation Study would be required and it was expected that the study would be available at the beginning of the review period for the March meeting. However, due to recent weather conditions, the study was delayed and staff have not yet be able to review the report. It is recommended by Planning and Transportation Planning staff that this application be deferred to the April 16th meeting in order to consider the independent professional report. Building Comments: No comments received. Transportation Services Comments: Transportation Services cannot provide comments at this time as we are awaiting a parking justification study from the applicant that is to be reviewed and approved by Transportation Services staff. Engineering Comments: No concerns. Heritage Planning Comments: The subject property, municipally addressed as 51 Benton Street, is listed on the Municipal Heritage Register. The subject property is adjacent to 43 Benton Street which is a designated property under Part IV of the Ontario Heritage Act and the subject property is also adjacent to the Victoria Park Area Heritage Conservation District. Heritage Planning staff has reviewed the proposed variance and concludes that a reduction in parking spaces will not have adverse impact on the subject property or the adjacent heritage properties. 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 51 Benton Street is advised that the property is located within the Cedar Hill Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION: That application A 2019-024 requesting permission to legalize an existing two-storey building having 29 off-street parking spaces rather than the required 79 spaces for 1, 380 square metres of gross floor area for a plaza where the second storey is currently vacant and being repurposed for medical office use, be deferred. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment March 19, 2019 1 w_R www.ki tch en er. c a Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Andrew Pinnell, Planner— 519-741-2200 ex. 7668 1 March 13, 2019 DSD -19-058 A2019-025 — 25 Bruce Street Applicant — 793366 Ontario Limited Approve with Conditions REPORT Planning Comments: The subject property is located at the southwest corner of Victoria Street North and Bruce Street, in the Rosemount Planning Community. The property contains a 1 -storey, multi -tenant commercial building constructed in the 1970s. Highway 7 (Conestoga Parkway) is located immediately to the west. Units within the building are currently occupied by Sleep Management Group, Fiddleheads / True Wellness, and Dutchie's. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The lands on the opposite side of Bruce Street, along Victoria Street to the northeast, and the property immediately to the south, are occupied by commercial uses. Lands to the south are used mainly for low density residential land uses. The property is designated Arterial Commercial Corridor in the 1994 Official Plan, since the Commercial land use policies of the 2014 Official Plan are under appeal. The property is zoned Arterial Commercial (C-6), with Special Use Provision 3U (permits certain types of manufacturing uses), in Zoning By-law 85- 1. Planning staff visited the property on February 20, 2019. The C-6 Zone restricts single convenience retail outlets to a maximum of 225.0 square metres. However, Dutchie's, a convenience retail outlet, recently moved into the building, with a gross leasable commercial space of 572 square metres. The purpose of the application is to legalize the increased size of this convenience retail outlet. Additionally, to "clean up" the site / zoning, the applicant is seeking to legalize existing landscape strip and drive aisle setback deficiencies. Accordingly, via the subject Minor Variance Application, the owner is requesting relief from the following sections of the Zoning By-law: 1. Section 12.2.1 of the Zoning By-law to allow the Maximum Gross Leasable Commercial Space for a convenience commercial retail outlet to be 572 square metres, rather than the required maximum of 225.0 square metres, 2. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 1.5 metre wide landscape strip adjacent to the Bruce Street street line, rather than the required 3.0 metre landscape strip, 3. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 2.0 metre wide landscape strip adjacent to the Victoria Street street line, rather than the required 3.0 metre landscape strip, and 4. Section 6.1.1.1a)iv) of the Zoning By-law to allow aisles giving direct access to abutting parking spaces to be located less than 3.0 metres from the street line, rather than the required minimum of 3.0 metres (Bruce Street and Victoria 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 offer the following comments. Requested Variance 1: General Intent and Purpose of Zoning By-law and Official Plan Test The purpose of the 225.0 square metre maximum on convenience commercial use is to preserve floor area in C-6 zoned areas for service commercial type uses, and to allow small scale convenience commercial use. However, it should be noted that the 1994 Official Plan and the 2014 Official Plan do not speak to this limitation. On the contrary, the Arterial Commercial Corridor policies of the 1994 Official Plan state that "...convenience commercial and personal services shall be permitted." Additionally, the under appeal Commercial policies of the 2014 Official Plan state that retail is permitted within Urban Corridors (Policy 15.D.5.17.). Variance 1 meets the general intent and purpose of the Zoning By-law and Official Plan. "Minor" Test Variance 1 is minor in that it does not cause unacceptably adverse impacts on adjacent properties. The increase in gross leasable commercial space for convenience commercial use is ostensibly significant due to the proportional numerical increase. However, there will be no negative impact on adjacent properties. Desirability for Appropriate Development or Use Test Variance 1 is desirable for the appropriate use of the building because it will allow a convenience retail use that will serve the nearby low density residential lands to the south, Highway 7 users, as well as those travelling along the Victoria Street Urban Corridor (as identified in the Urban Structure of the 2014 Official Plan). Reauested Variances 2 throuah 4: General Intent and Purpose of Zoning By-law and Official Plan Test The purpose of the landscape strip and drive aisle setback regulations is to ensure an aesthetically pleasing streetscape and ensure safe on-site vehicular circulation. Policy 11.C.1.30. of the 2014 Official Plan states, "The City will, through the Site Plan Control process: b) ensure safe, comfortable and functional on and off site circulation for all modes of transportation .... d) provide landscaping which enhances each building or project as well as the streetscape". It should be noted that the approved Site Plan for this property which dates to 2001 shows landscape strips (Bruce St: approx. 1.8 metres wide; Victoria St: approx. 2.5 metres wide) and drive aisle setbacks that do not comply with the current regulations. The current landscape strips and drive aisle setbacks have existed in a similar form since the construction of the building in the 1970s. Variances 2 through 4 meet the general intent of the Official Plan and Zoning By-law. "Minor" Test Variances 2 through 4 are minor since they do not cause unacceptably adverse impacts on adjacent properties. Transportation Services staff has indicated that there are no concerns with the requested variances. Planning staff advises that the landscape strips and drive aisle setbacks have existed without issue for many years. Desirability for Appropriate Development or Use Test Variances 2 through 4 are desirable for the appropriate use of the building because they will facilitate a convenience retail use that will serve the nearby low density residential lands to the south, Highway 7 users, as well as those travelling along the Victoria Street Urban Corridor (as identified in the Urban Structure of the 2014 Official Plan). Summarized Recommendation Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below, in the Recommendation section of this report. Heritage Planning Comments: No concerns. Environmental Planning Comments: No concerns. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: No concerns. Regional Municipality of Waterloo Comments: No Concerns. RECOMMENDATION That Minor Variance Application A2019-025, requesting relief from the following sections of the Zoning By-law: 1. Section 12.2.1 of the Zoning By-law to allow the Maximum Gross Leasable Commercial Space for a convenience commercial retail outlet to be 572 square metres, rather than the required maximum of 225.0 square metres, 2. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 1.5 metre wide landscape strip adjacent to the Bruce Street street line, rather than the required 3.0 metre landscape strip, 3. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 2.0 metre wide landscape strip adjacent to the Victoria Street North street line, rather than the required 3.0 metre landscape strip, and 4. Section 6.1.1.1a)iv) of the Zoning By-law to allow aisles giving direct access to abutting parking spaces to be located less than 3.0 metres from the street line, rather than the required minimum of 3.0 metres, be approved, subject to the following conditions: 1. That the owner apply for and obtain an Occupancy Certificate for the new convenience commercial space (Dutchie's Fresh Market), and 2. That Condition 1 be completed prior to March 19, 2020. 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 this condition will result in this approval becoming null and void. Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report Development Services Department _x wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 1 DATE OF REPORT: March 8, 2019 REPORT NUMBER: DSD -19-059 SUBJECT: Application B2019-008 50 and 52 Breckenridge Drive Owner/Applicant — V. & S. Developments Limited Approve with Conditions 49 560 S 188 62 184 5, RA ` 55 66 96 /5761 ��`E G 74 78 92 115 119 y3 96 S8 86 p'SBd 4 72 100 S9 �g 74'6 99 75 3 G (} 80 52 184 73 7 82 44 97 8 9 183 79 pQ /75� 9L 86 36 89 93 12 m ✓ /81 46 88 rt Gv l 187 85 63 ,6 78 r l � ., 12 11 'O /97 24 7 �� 76 D 20 111 80 74 11" ? 15 f\ %8 24 115 120 72 1 18 15 28 19 P 17 13 15 1 14 19 25 124 7 9 171416 "n d3 23 28 119 1872 om 38 728 54 1 3 S 8 [i '20 52 2 4 6 181 .. X22 27 34 27 132 7 177 2 48 136 2019 72 O 26 31 38 31 14 21 28 154 �,"!28 35 216 23253627 145 �^ '1 42 35 24 736 4 O 32 212 ' 727 A 34 39 d6 11 g 39 288 3829 9 38 84 3 323763!38 90 40 43 343547 58 44 6889 46 51 55 211 35 6778 71 58 123�— 41 139 93 6572 22 12144 5414 S6 X75 58 1117 676 „7 6877 anley Park 0 113/_ 79 49460 59 p .b School 111 52'37555555r t� IR75 354 IN Subject Properties: 50 & 52 Breckenridge Drive Report: This application proposed to sever the existing semi-detached dwelling into two lots to allow separate ownership of each semi-detached house. Each of the semi-detached dwelling has full municipal servicing connections. Staff Deport Development Services Department A site inspection as conducted on March 1, 2019. 1 wR wwwki tchener. c a Existing Semi -Detached Dwelling Planning Comments: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Four (R-4) in the Zoning By-law. The property is currently developed with a semi- detached dwelling. The neighbourhood consists of a mix of single detached dwellings, duplex dwellings, semi-detached dwellings, and low rise multiple dwellings. Lot sizes vary in width, depth, and area. The severed lands are proposed to have a lot width of 9.446 metres, a depth of 39.209 and 40.925 metres, and an area of 367 square metres. The retained lands will have a lot width of 9.443 metres, a lot depth of 36.942 and 39.209 metres, and a lot area of 349 square metres. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for a lot addition. The configuration of the proposed lots will comply with the regulations of the Residential Four (R-4) zone. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2019-008 requesting consent to sever the subject property into two separate lots be approved subject to the conditions listed in the Recommendation section of this report. Staff Report Development Services Department Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has reviewed the application and have no concerns. K"'""' NFR wwwki tchenr. ca Engineering Comments: Engineering has no concerns. Engineering has no concerns. Each property already has individual sanitary and water service. Operations Comments: Park land dedication will not be required on the severed parcel as a new development lot has not been created. Environmental Planning Comments: Environmental Planning staff has reviewed the application and has no concerns. Bell Canada Comments: Bell Canada has confirmed that the there are installations over the subjects lands which are protected by an existing easement registered as Instrument 438814. Bell Canada wishes to maintain the current rights and has verified that no additional easement protections are required. RECOMMENDATION: That Application B2019-008 proposing to sever a lot with an existing semi-detached dwelling with a lot width of 9.446 metres, a depth of 39.209 and 40.925 metres, and an area of 367 square metres, be approved subject to the following conditions: 1. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo File No. D20-20/19 KIT March 12, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2019-007 396 Vanier Drive Scott Davey PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2019-007 to B2019-010 Committee of Adjustment Hearing March 19, 2019 CITY OF KITCHENER The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 130 metres away from Courtland Avenue Document Number: 2954765 Version: 1 (RR#53) and the CN Railway mainline / yard. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-008 50 and 52 Breckenridge Drive V and S Developments Limited The owner/applicant is proposing to split an existing semi-detached dwelling into two parts. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 100 metres away from River Road East. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-009 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to split an existing parcel. The existing residence and garage are to be removed and a new residential dwelling will be constructed on each parcel. Document Number: 2954765 Version: 1 Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are located about 77 metres away from Westmount Road (RR#50). Noise would be mitigated by the intervening land uses between the proposed development and the road. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-010 50 Roos Street Raymond and Sharon Bonnell The owner/applicant is proposing to severance at 50 Roos Street to facilitate a lot addition to 56 Roos Street. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 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, /M, Me k- Matthew Colley Planner Document Number: 2954765 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 March 1, 2019 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Holly Dyson — holly.dvson@kitchener.ca Subject: Application for Consent 82019-008 50 and 52 Breckenridge Drive Kitchener Bell File: 519-19-153 Thank you for your correspondence dated March 1, 2019. Tel: 705-722-2264 Fax: 705-722-2263 E-mail: charleyne.hall@bel l.ca Upon review of the proposed severance application, Bell Canada confirms that we have installations over the subject lands noted above, protected by the existing easements registered as Instrument 438814. Bell Canada wishes to maintain our current rights. Additionally, we verify that we will not require any additional easement protection. If you have any questions or concerns, please feel free to contact me. Sincerely, arleyne Hall Right of Way Associate Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment J wAm- R wwwkitchenerca March 19, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 8 March 1, 2019 DSD -19-060 APPLICATION #: B2019-009 500 Karn Street Applicant: Dryden, Smith & Head Planning (Alex Galloway) Approve with conditions 187 Subject Property O�N 482 Location Map: 500 Karn Street <§>B -1k ,kMBase Maps Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law. The subject property at 500 Karn Street is currently developed with a single detached dwelling. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area. The applicant is requesting consent to sever the subject property into two lots. The severed lot would have a frontage of 10.211 metres, depth of 41.6 metres, and an area of 439.5 square metres to accommodate a new single detached dwelling, while the retained lot would have a frontage of 10.211 metres, a depth of 42.2 metres, and an area of 439.3 square metres to accommodate a new single detached dwelling. City Planning staff conducted a site inspection of the property on February 22, 2019. 2 Existing single detached dwelling at 500 Karn Street Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Four Zone (R-4). The proposed severance conforms to the City's Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The lots conform to policy 17.E.20.5 of the Official Plan which requires both the retained and severed lots to reflect the general scale and character of the established development pattern of surrounding lands. Both the retained and severed lots have frontage on a public street with full municipal services available. Based on the foregoing, Planning staff recommends that Consent Application B2019-009 requesting consent to sever the subject property into two lots be approved, subject to the conditions listed in the Recommendation section of this report. 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. 3 • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson (519-741-2200 ext. 7133). • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • The property falls within the City of Kitchener Central Neighbourhoods Boundary and is therefore eligible for funding from the City of Kitchener for municipal service extension design and installation. Please note that funding is made available on a first come first serve basis. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition permit issuance. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Transportation Comments: Transportation Services has no concerns with the proposed application. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel a new development lot will be created. The cash -in -lieu dedication required is $4,692.00 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.2m) at a land value of $9,200 per frontage meter. RECOMMENDATION: That application B2018-009 requesting permission to sever the subject property into two lots be approved subject to the following conditions: That satisfactory arrangements be made 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 That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,692.00 which is required on the severed parcel as a new developable lot will be created by the severance. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That the Owner submits a Demolition Control Application. 5. That the Owner submits a Demolition Building Permit. 6. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands. 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. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 11. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 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 where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. 5 b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 13. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner L Region of Waterloo File No. D20-20/19 KIT March 12, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2019-007 396 Vanier Drive Scott Davey PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2019-007 to B2019-010 Committee of Adjustment Hearing March 19, 2019 CITY OF KITCHENER The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 130 metres away from Courtland Avenue Document Number: 2954765 Version: 1 (RR#53) and the CN Railway mainline / yard. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-008 50 and 52 Breckenridge Drive V and S Developments Limited The owner/applicant is proposing to split an existing semi-detached dwelling into two parts. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 100 metres away from River Road East. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-009 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to split an existing parcel. The existing residence and garage are to be removed and a new residential dwelling will be constructed on each parcel. Document Number: 2954765 Version: 1 Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are located about 77 metres away from Westmount Road (RR#50). Noise would be mitigated by the intervening land uses between the proposed development and the road. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-010 50 Roos Street Raymond and Sharon Bonnell The owner/applicant is proposing to severance at 50 Roos Street to facilitate a lot addition to 56 Roos Street. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 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, /M, Me k- Matthew Colley Planner Document Number: 2954765 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Staff Report -x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 4 DATE OF REPORT: March 8, 2019 REPORT NUMBER: DSD -19-061 SUBJECT: Application B2019-010 50 Roos Street Owner/Applicant — Raymond Bonnell & Sharon Bonnell Approve with Conditions 466 Homer WVatson Park 479 ---- 476 PIONEER PARK 2 p 3 475 484 7 481 D.-Pre;+6ytenar Church 488 11 487 35 15 493 8 Hemer lNataon vT 1256 4 HeuseAnd Gallery 49 16 0 17754 156. 62 29 {t*p'P 1747 `'• 1762 A -O ) WER DOON kpt 1751 _ 1768 24 1755, 513 1774 1763 1765 1778 1782 517529 1773 elf 521 12 6G2 4 -y * 16 658 v 661 52529 529 24 657 k �'I 533 653 , A 53fi 11 iWWillmlake Park Greenway l ,5 537 _ -` 649 i' WJillowlake Subject Properties: 50 & 56 Roos Street Staff Report Development Services Department Background: K"'""' NFR wwwki tchenr. ca On October 18, 2016, the Committee of Adjustment approved severance application B2016-023 & B2016-024 for 50 Roos Street to create two new lots addressed as 56 and 62 Roos Street. That application has been fully approved and a single detached dwelling was constructed on each new lot. Report: The current application proposes to further sever a portion of 50 Roos Street and add it as a lot addition to 56 Roos Street. The existing single detached dwelling at 50 Roos Street is proposed to be remain, but the existing septic bed is being removed and a connection to the sanitary sewer is being constructed. The newly built single detached dwelling at 56 Roos Street is proposed to be remain and is already connected to full municipal services. The existing property (50 Roos) has a lot width of 49.208 metres. The application proposes to sever a portion of 50 Roos Street that is 11.70 metres wide at the street and 13.7 metres wide at the required front yard, with a lot depth of 58.942 and 61.79 metres, and a lot area of 822 square metres, and add it as a lot addition to 56 Roos Street. With the proposed lot addition, 56 Roos street would have a lot width of 25.74 metres at the street and 27.74 metres at the required front yard, a depth of 58.942 metres, and a lot area of 1629 square metres. A site inspection as conducted on March 1, 2019. Existing streetscape showing lands to be severed as a Lot Addition Staff Repoil KNFR Development Services Department wwwkitchener.ca Planning Comments: The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as Residential Three (R-3) in the Zoning By-law. The property is within the regulated limit of the Grand River Conservation Authority (GRCA). With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for a lot addition. The configuration of the proposed lots will comply with the regulations of the Residential Three (R-3) zone. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Applications B2016-023 and B2016-024, requesting consent to sever the subject property into three separate lots be approved subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with this application. The property municipally addressed as 50 Roos Street is adjacent to the Ferrie Mill (boon Mill) ruins and 35 Roos Street which are listed properties on the Municipal Heritage Register. The City's Official Plan only allows for a Heritage Impact Assessment requirement on a site adjacent to a "protected heritage property" (i.e. designated not listed). Engineering Comments: Engineering has no concerns. No lot creation as a portion of 50 Roos St. is being conveyed to existing 56 Roos St. Operations Comments: Since no additional units are being proposed, then parkland dedication is not required. Environmental Planning Comments: As this application is for a lot line adjustment only, the tree management policy will not be applied. The applicant is advised that if a new lot is contemplated in the future then the Tree Management Policy will apply. Grand River Conservation Authority Comments: The subject lands contain valley slopes and erosion hazards associated with the Grand River. The subject lands are also within the regulated allowance adjacent to the slope hazards and a wetland. A copy of our resource mapping is attached. It is the GRCA's understanding that the proposed consent application will sever a portion of 50 Roos Street and add the parcel to 56 Roos Street as a lot addition. In addition, the GRCA further Staff Deport Development Services Department 1 wR wwwki tchener. c a understands that no further development is proposed on the subject lands. As such, the GRCA do not anticipate any negative impacts to the adjacent natural hazard and natural heritage features as a result of the proposed lot addition. Due to the presence of the above -noted features, the subject lands are regulated by the GRCA under Ontario Regulation 150/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. This application is a minor consent application and the applicable plan review fee is $410.00. RECOMMENDATION: That Application B2019-010 proposing to sever a portion of 50 Roos Street that is 11.70 metres wide at the street and 13.7 metres wide at the required front yard, had a lot depth of 58.942 and 61.79 metres, and a lot area of 822 square metres, and add it as a lot addition to 56 Roos Street, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo File No. D20-20/19 KIT March 12, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2019-007 396 Vanier Drive Scott Davey PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2019-007 to B2019-010 Committee of Adjustment Hearing March 19, 2019 CITY OF KITCHENER The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 130 metres away from Courtland Avenue Document Number: 2954765 Version: 1 (RR#53) and the CN Railway mainline / yard. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-008 50 and 52 Breckenridge Drive V and S Developments Limited The owner/applicant is proposing to split an existing semi-detached dwelling into two parts. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 100 metres away from River Road East. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-009 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to split an existing parcel. The existing residence and garage are to be removed and a new residential dwelling will be constructed on each parcel. Document Number: 2954765 Version: 1 Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are located about 77 metres away from Westmount Road (RR#50). Noise would be mitigated by the intervening land uses between the proposed development and the road. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-010 50 Roos Street Raymond and Sharon Bonnell The owner/applicant is proposing to severance at 50 Roos Street to facilitate a lot addition to 56 Roos Street. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 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, /M, Me k- Matthew Colley Planner Document Number: 2954765 Version: 1 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Hollv Dvson DATE: March 11, 2019 YOUR FILE: GRCA FILE: B 2019-010 — 50 Roos Street RE: Application for Consent B 2019-010 50 Roos Street, City of Kitchener Raymond and Sharon Bonnell 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 Fax: (519) 621-4945 E-mail: aherrema n@g rand river. ca B 2019-010 GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted consent application. Please see our detailed comments below. BACKGROUND: Resource Issues: Information currently available at this office indicates that the subject lands contain valley slopes and erosion hazards associated with the Grand River. The subject lands are also within the regulated allowance adjacent to the slope hazards and a wetland. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the proposed consent application will sever a portion of 50 Roos Street and add the parcel to 56 Roos Street as a lot addition. It is our further understanding that no further development is proposed on the subject lands. As such, we do not anticipate any negative impacts to the adjacent natural hazard and natural heritage features as a result of the proposed lot addition. Due to the presence of the above -noted features, the subject lands are regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: This application is a minor consent application and the applicable plan review fee is $410.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $410.00. N:\Resource Management Division\Resource Planning\Waterloo Reg ion\KITCHEN ER\201 9\Severa nce\B 2019-010 - 50 Page 1 of 2 Roos Street\B 2019-010 - 50 Roos Street.docx * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Andrew Herr an Resource Planning Technician Grand River Conservation Authority Encl. cc: Raymond and Sharon Bonnell — 50 Roos Street, Kitchener, ON N2P 1 H9 James Kuntz and Laura Detzler — 56 Roos Street, Kitchener, ON N2P 1 H9 N:\Resource Management Division\Resource Planning\Waterloo Reg ion\KITCH ENER\201 9\Severance\B 2019-010 - 50 Page 2 of 2 Roos Street\B 2019-010 - 50 Roos Street.docx * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority yam+ 0) N n ZQ p Z2 6 crn 9d�� 4 Zp ¢ Q U) U r U 20 m v U Q Q w r- c E S Co X O s G C F C O ¢ N a o�y LuTtN Leo NE, - d' m v o o Q _ C7 c .� d mF �n a p�HDE U CO (a E o E Ed °h'°a�° 39 > O m a) a) Q Q d m y a m t_ F 'a N "O y m m U o o U a o o r %° aV i J -j U o d E a K aa) C7 ami I to m W C 4 m c m o m U a m a N d m .a) m Q 5 0� $ow�x^o_ O m m m e (7 a' N a a (D>° > o W W W W d m c a ° U O 7 m c W W Q U (A O fD O O F N a) m a) ` v rcm cn m co o m y a a u= -0 m m ® W m m m m m m A E r"_ T E D N Oi Q Q Q D Cl J J J J d O m y Y a J S L N oo N LL (n fny��d PEoo2?i°=u E F d' T- LL `$ to c 5 > c a m ° `"�`��am YnE z U O v. 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E r - kw �^ C In Y� 7 co LO w '3 m J O a N li'i CCS � cl i f LA N M I00 z _ U n Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 355 367 365 369 222 20 19 Committee of Adjustment J wR www.kitchener. ca March 19, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 3 March 5, 2019 DSD -19-062 APPLICATION #: B2019-007, A2019-018 & A2019-019 396 Vanier Drive Applicant: Lee Quaile Approve with Conditions 18 17 16 15 14 8 13 175 7 12 6 5 4 / 3 12 n9 7 48 396 C 402 406 \1&\ Subject Property 551 122 las 138 D9 142 C9 418 / B9 A3 Location Map: 396 Vanier Drive P-1 1l�m 4r� oe Severed Lands Proposed lot fabrics REPORT II Planning Comments: The subject property is designated Low Rise Residential in the City's 2014 Official Plan and zoned Residential Three Zone (R-3) in Zoning By-law 85-1. The subject property is currently developed with a single detached dwelling. The existing development of the neighbourhood consists of a mix of single detached dwellings, and low-rise multiple dwellings. Lot sizes vary in width, depth, and area in this nieghbourhood. B2019-007 - The Owner is requesting permission to sever the subject lands into two lots with the intent to develop the severed lands with a single detached dwelling. The severed lot would have a lot width of 12.5 metres, a depth of 24.38metres, and an area of 304.75 square metres. The retained lot would have a lot width of 21 metres, a depth of 24.38 metres, and an area of 512.467 square metres. In addition, the Owner has submitted the following minor variance applications: 2 A2019-018 (Severed Parcel) - The owner is requesting relief from Section 37.2.1 of the Zoning By-law to permit a lot width of 12.5 metres, whereas the zoning by-law requires a minimum lot width of 13.7 metres and requesting additional relief from Section 37.2.1 to permit a lot area of 304.75 square metres, whereas the zoning by-law requires a minimum lot area of 411 square metres. A2019-019 (Retained Parcel) - The owner is requesting relief from Section 37.2.1 of the Zoning By-law to allow a rear yard setback of 3.76 metres rather than the required 7.5 metres for the existing single detached dwelling on the retained lands. City Planning staff conducted a site inspection of the property on January 18, 2019. Existing single detached dwelling at 396 Vanier Drive Consent Application — B2019-007 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. While the retained and severed lands require minor variances, Planning staff is of the opinion that the size, dimension and shape of the proposed lots are 3 suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full municipal services are available. The proposed lots conform to thh 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 B2019-007, requesting consent to sever the subject property into two lots to be approved, subject to the conditions listed in the Recommendation section of this report. Minor Variance Application — A2019-018 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. Does the proposal maintain the general intent and purpose of the Official Plan? The requested variances meet the general intent of the Official Plan. 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 staff's 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 low density neighbourhood. The minor change to the lot area and lot width 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 variances meet the general intent of the Official Plan. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variances to permit reduced lot areas of 304.75 square metres whereas 411 square metres is required, and a reduced lot width of 12.5 metres whereas 13.7 metres is required meets the general intent of the Zoning By-law. The purpose of the minimum 411 square metres lot area requirement and the minimum 13.7 metres 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. A concept sketch demonstrates that a future single detached dwelling can meet all other zoning regulations with regards to setbacks, parking, building height, lot coverage. As such, staff is satisfied the reduction of 101 square metres from the lot area and reduction of 1.2 metres of the lot width meet the general intent of the Zoning By-law. 3. Is the proposal desirable for the appropriate development or use of the land? The requested variances are appropriate for the development and use of the land. The development of these properties will be sympathetic to the surrounding area and bring a new context -appropriate unit type to the neighbourhood. 4. Is the proposal minor? The variances can be considered minor as the proposed single detached dwelling reduced lot area and lot widths will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed new single detached dwellings use will provide a new housing form at a scale and density that is appropriate for the context of the existing neighbourhood, which consists of single detached dwellings and multiple dwellings. Minor Variance Application — A2019-019 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. Does the proposal maintain the general intent and purpose of the Official Plan? The requested variance meets the general intent of the Official Plan. 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 staff's 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 low density neighbourhood. The minor change to the lot area and lot width 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 Official Plan. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variance to reduce the rear yard setback from 7.5 metres to 3.76 metres meets the general intent of the Zoning By-law. While the affected lot line is technically considered the rear yard, it functions and looks like an interior side yard, where a lessor setback is quite typical. The intent of this setback regulation is to provide appropriate separation between buildings on neighbouring properties. In this case, because the setback functions as a side yard, the appropriate setback is a side yard type of setback. The proposed interior 5.0 metre side yard setback that functions as a rear yard is sustainably wide and will provide sufficient and adequate amenity space as well as an appropriate separation between the existing single detached dwelling on the retained lands and the future dwelling on the severed lands. As such, staff is satisfied the request variance meets the general intent of the Zoning By-law. 3. Is the proposal desirable for the appropriate development or use of the land? 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 the subject addition and will not negatively impact the existing character of the subject property or surrounding neighbourhood. 5 4. Is the proposal minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will continue to provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Based on the foregoing, Planning staff recommends that these applications be approved, subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. A separate building permit will be required for the removal of the attached garage on the retained property. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Separate building permit(s) will also be required for the construction of any new residential buildings Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete Tree Preservation / Enhancement Plan prior to demolition of the attached garage or construction of the new legal parking space. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson (519-741-2200 ext. 7133). L • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel a new development lot will be created. The cash -in -lieu dedication required is $5,750.00 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (12.5m) at a land value of $9,200 per frontage meter. RECOMMENDATIONS: That Application A2019-018, requesting relief from Section 37.2.1 of the Zoning By-law to permit a lot width of 12.5 metres whereas the zoning by-law requires a minimum lot width of 13.7 metres and requesting additional relief from Section 37.2.1 to permit a lot area of 304.75 square metres for whereas the zoning by-law requires a minimum lot area of 411 square metres be approved. That Application A2019-019, requesting relief from Section 37.2.1 of the Zoning By-law to allow a rear yard setback of 3.76 metres rather than the required 7.5 metres. be approved. III. That Application B2019-007, requesting consent to sever the subject property into two lots be approved, subject to the following conditions: That Minor Variance Applications A2019-018, & A2019-019 receive full and final approval; 2. That the owner obtains a building permit for the removal of the attached garage on the retained property. 3. That the following the demolition of the attached garage the owner obtains a curb cutting permit and a constructs a legal parking space on the retained lands that meets applicable Zoning Regulations to the satisfaction and approval of the City's Director of Planning. 4. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 7 5. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 6. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $5,750.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 7. That the owner provide a digital file of the deposited reference plan(s) prepared by an That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 8. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. 9. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained. 10. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 11. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 12. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 13. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have 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 E-' 14. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall addresses items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 15. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner E Region of Waterloo File No. D20-20/19 KIT March 12, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2019-007 396 Vanier Drive Scott Davey PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2019-007 to B2019-010 Committee of Adjustment Hearing March 19, 2019 CITY OF KITCHENER The owner/applicant is proposing a severance to create a new residential lot. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Water Services: The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 130 metres away from Courtland Avenue Document Number: 2954765 Version: 1 (RR#53) and the CN Railway mainline / yard. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-008 50 and 52 Breckenridge Drive V and S Developments Limited The owner/applicant is proposing to split an existing semi-detached dwelling into two parts. Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are more than 100 metres away from River Road East. Noise would be mitigated by the intervening land uses. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-009 500 Karn Street Calin and Adriana Pele The owner/applicant is proposing to split an existing parcel. The existing residence and garage are to be removed and a new residential dwelling will be constructed on each parcel. Document Number: 2954765 Version: 1 Community Planning: Regional Fee The owner/applicant will be required to submit the Regional consent review fee ($350.00) prior to final approval of the proposed consent. Environmental Noise: The proposed development is not considered to be impacted by noise as the proposed severed and retained lots are located about 77 metres away from Westmount Road (RR#50). Noise would be mitigated by the intervening land uses between the proposed development and the road. A noise study is not required for the proposed application. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. B2019-010 50 Roos Street Raymond and Sharon Bonnell The owner/applicant is proposing to severance at 50 Roos Street to facilitate a lot addition to 56 Roos Street. Regional staff has no objection to the subject application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 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, /M, Me k- Matthew Colley Planner Document Number: 2954765 Version: 1 Region of Waterloo February 27, 2019 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, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Bell Canada Right of Way Floor 2, 140 Bayfield Street Barrie, Ontario L4M 3131 February 1, 2019 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Holly Dyson — holly.dyson @ kitchener.ca Subject: Application for Consent B2019-007 396 Vanier Drive Kitchener Bell File: 519-19-119 Tel: 705-722-2264 Fax: 705-722-2263 E-mail: charleyne.hall@bell.ca Bdi Thank you for your correspondence dated February 1, 2019. Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the red line indicates the approximate location of active, critical infrastructure. Located on the property of 396 Vanier Drive, Bell Canada's facilities provide essential access to the network. Of major concern is the ability to access our equipment, particularly in the event of an interruption or emergency that would require Bell Canada to restore service to regular telephone lines, alarm services, internet access, and most importantly ensure the continuity of 911 service. Bell Canada requests a 3m wide strip to measure 1.5m on either side of the buried installation to extend from the buried cable to a minimum of 1 m past any existing installations, as reasonably permitted. In regards to the buried plant, it may be necessary for a surveyor to arrange for a cable locate to identify its precise location. Since the easement is required to protect the integrity of the existing facilities and preserve many services, we request that the cost associated with registration be the responsibility of the landowner. We hope this proposal meets with your approval and request a copy of the decision. Should our request receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and accompanying draft easement documents for our approval prior to registration, along with an acknowledgement and direction for our execution. If you have any questions or concerns, please feel free to contact me. Sinc .rely, Pa# r"' Vharleyne Hall Right of Way Associate cv v