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Home My WebLink AboutCA Agenda - 2019-04-16COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA April 16, 2019 - 10:00 a.m. MINOR VARIANCE APPLICATION Submission No.: A 2019-024 Applicant: 2249429 Ontario Inc. Property Location: 51 Benton Street Legal Description: Part Lot 26, Plan 111 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. THE 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, April 16, 2019, commencing at 10:00 a.m. in the Council Chamber, 211d 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 2019-008 - 72 Wilson Avenue Permission to replace the existing sign with a ground -supported sign having automatic changing copy that is 51 % of the sign area rather than the 30% permitted maximum. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-026 - 607 Victoria Street North Permission to legalize an existing gas station having a front yard setback of 3.1 m rather than the required 6m; and, a side yard abutting Victoria Street North to have a setback of 3.Om rather than the required 6m. A 2019-029 - 150 Eaglecrest Street Permission to legalize a second storey enclosed balcony in the rear yard of an existing single detached dwelling having a rear yard setback of 3.73m rather than the required 5.73m. A 2019-030 - 176 Woolwich Street Permission to construct an addition in the side yard of an existing single detached dwelling having a southerly side yard setback of 1.2m rather than the required 7.5m; and, to have a lot width of 52.5m rather than the required 60m. A 2019-031 - 24 Gaukel Street Permission for a mixed-use high-rise building under construction to have a parking rate of 0.95 space per unit (for dwelling units larger than 51.0 sq. m. in size) rather than the required 1.0 parking space per unit. A 2019-032 - 262-286 Kingswood Drive Permission for a multi -residential development to have a visitor parking rate of 0.1 space per unit (36 visitor off-street parking spaces) whereas the By-law requires 20% of the required parking spaces (86 visitor off- street parking spaces) for multiple dwellings having more than 60 units. Page 1 of 3 A 2019-033 - 306 Field Sparrow Crescent Permission to construct a single detached dwelling having a driveway located 7.1m from the intersection of Field Sparrow Crescent and Falconridge Drive rather than the required 9m; and, to allow an encroachment of 0.4m into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT. A 2019-034 - 188 Redtail Street Permission to construct a single detached dwelling having a maximum driveway width of 10.45m rather than the permitted maximum width of 8m. A 2019-035 - 186 Kent Avenue Permission to reconstruct a covered front porch on an existing single detached dwelling that is 0.94 above grade having a front yard setback of 2.39m rather than the required 4.5m; having a side yard setback abutting Kennedy Avenue of 2.6m rather than the required 4.5m; to permit the porch to be located 2.1m into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit the porch to be located 1.5m into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit new stairs to be 0.94m high located within 3m of a street line whereas the By-law only permits stairs to be a maximum of 0.6m in height when located within 3m of a street line. A 2019-036 - 2960 Kingsway Drive Permission for Fairview Park Mall to have off-street parking located within Om of the streetline along the Highway 8 interchange rather than the required 3.0m; and, to allow a total of 2,164 parking spaces (1 space per 31.8 sq. m. of plaza floor area) rather than the required total of 2,531 parking spaces (1 space per 27 sq. m. of plaza floor area). A 2019-037 - Valencia Court (Blocks 2, 3 and 4 of Stage 12 Huron Village Subdivision 30T-01201) Permission for future residential lots fronting onto Valencia Court and Valencia Avenue identified as "Area 1" on the plan submitted with the application, currently Zoned R3, to have a minimum lot widths of 10.97m rather than the required 13.7m; and, to have minimum lot areas of 339.5 sq.m. rather than the required 411 sq.m. A maximum of 21 lots are contemplated within "Area 1". B 2019-011 - 75 Tillsley Drive Permission to sever a parcel of land having an approximate width on Erinbrook Drive of 71.5m, a depth of 140.1 m and an area of 10,304 sq.m. The retained land will have a width of 86.6m, a depth 140.1 m and an area of 16,102 sq.m. The retained land will remain religious institution use and the severed land is intended for a multi -residential development. B 2019-012 - 53 Lichty Crescent Permission to sever a parcel of land having a width on Lichty Crescent of 23.119m, a depth of 52.042m and an area of 836.5 sq.m. The retained land will have a width of 23.119, a depth of 46.967 and an area of 896.2 sq.m. Each lot is intended for a two-storey duplex. B 2019-013 - 118 Doon Valley Drive Permission to sever a parcel of land having a width on Doon Valley Drive of 18.28m, a depth of 46.34m and an area of 572 sq.m. The retained land will have irregular widths and depths with an overall area of 6,862 sq.m. Both lots are intended for residential use. Page 2 of 3 B 2019-005, B 2019-006, A 2019-027 & A 2019-128 - 151 Wentworth Avenue Permission to sever a parcel of land identified as "Lot B" on the plan submitted with the application having a width of 9.137m, a depth of 27.092m and an area of 277.005 sq.m. The retained land identified as "Lot A" on the plan submitted with the application will have a width of 11.647m, a depth of 27.675m and an area of 248.643 sq.m. Permission is also being requested for an easement on the severed land having a width of 1.39m and overall depth of 27.092m; and, an easement on the retained land having a width of 2.1 m and an overall depth of 27.092m to provide shared driveway access for each lot. Minor variances are also being requested for "Lot A" to have a southerly side yard setback of 1.89m rather than the required 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line; and, a front yard having 2.98m to allow a covered, unenclosed porch exceeding 0.6m in height above finished grade whereas the By-law requires a minimum front yard of 4.5m. In addition, minor variances are being requested for "Lot B" to have a northerly side yard of 1.39m whereas the By-law requires a minimum side yard of 3m on one side where a driveway leading to a required parking space is situated between the main building and the side lot line. Both lots are intended for duplex dwellings. B 2019-014 & A 2019-038 - 128 Mill Street Permission to sever an L-shaped parcel of land having a width of 5.14m, a depth of 25.95m and an area of 678.3 sq.m. The retained lot will have a width 13.09m, a depth of 51.85m to 60.56m and an area of 337.9 sq.m. Permission is also being requested for the severed lot to have a minimum lot width of 5.2m rather than the required 9.0m. 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. • 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 29th day of March, 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 29, 2019. Page 3 of 3 J Staff Report KIR Community Services Department www.krtchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment April 16, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 9 April 8, 2019 DSD -19-057 AMENDMENT A 2019-024 — 51 Benton Street Applicant — Osama Abo Nassar Owner — 2249429 Ontario Inc Approve with Conditions REPORT Planning Comments: This application was originally scheduled for consideration at the March 19, 2019, Committee of Adjustment meeting; however, it was deferred to the April meeting in order that staff could review a parking study (PS) and transportation demand management plan (TDMP). The requested study and plan, prepared by Paradigm Transportation Solutions Ltd, was submitted to staff on March 13, 2019. 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. History: The subject property received minor variance approval, A 2015-071, in 2015, to permit the main floor of the existing building to be converted into medical offices. A parking reduction was approved for 29 spaces rather than the required 62 spaces for 916 square metres. At that time, a transportation parking study was submitted which supported the variance requested. 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. Parking calculation The current bylaw parking requirement was determined by using a plaza (3 or more businesses) calculation for 30% of the building and using a health clinic calculation for the remaining 70% of the clinic. The applicant has advised that the total multi -tenant uses occupy 1,380 sq.m. Thirty percent = 414 sq.m / 27 (plaza rate) = 15 spaces required for 30% of the building. Seventy percent = 966 sq.m. / 15 (health clinic rate) = 64 spaces. Therefore the total required parking is 15 + 64 = 79 spaces. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan Transportation policies in the Official Plan support a parking reduction for properties contained within an area where there is adequate alternative parking facilities available, or where it can be demonstrated that such reductions will not negatively affect the neighbourhood. The owner has submitted a PS and a TDMP report which support the requested parking reduction. The City's Transportation Planning staff has accepted the report and supports the variance request. Consequently, it is staff's opinion that the variance will not negatively impact the surrounding community and therefore meets the general intent of the Official Plan. General Intent of the Zonina By-law The general intent of the parking requirement is to ensure that there is sufficient parking provided for the employees and clients to the property. The site has been operating with a medical clinic located on the main floor since 2016 with no concerns to date. The proposed expansion of uses into the vacant second floor has been studied and comments received in the PS and TDMP provided by the owner. As noted in the study, the property, which is located near the downtown, is well serviced by walking and transit facilities which include multiple bus routes and a future LRT station less than 100 metres from the site. The study notes that the proposed variance is supportable provided all of the parking spaces are kept available for use (snow is not to be stored in the spaces) and provided additional bicycle parking spaces are provided. It is staff's opinion that the general intent of the Zoning By-law is met. Variance is minor The parking reduction has been studied and thoroughly reviewed in the PS and TDMP provided by the owner. The City's Transportation Planning staff has accepted the report and they are in support of the requested parking reduction. Based on the above report and other comments noted above, staff is of the opinion that the variance is minor. Variance appropriate for subject property and surrounding neighbourhood The variance is considered appropriate for subject property and surrounding neighbourhood. As noted in comments above, there has been no concern with parking to date as the site provides sufficient alternates for the on-site parking deficiency. The owner will continue to provide sufficient alternatives that would not appear to negatively impact the property or surrounding area. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: A parking study and TDM plan was submitted (March 2019) by Paradigm Transportation Solutions Ltd. in support of this application and after reviewing the report, Transportation Services offer the following comments. On page i of the study, it is noted that five (5) on-site parking spaces were unavailable due to snow storage. The applicant should ensure that all on-site parking spaces are available at all times. • On page iii of the study, Transportation Services support the installation of three (3) additional secure bicycle parking spaces. Based on the alternative modes of transportation in the area (walking, GRT bus routes, ION stations) and additional parking (on -street and Charles/Benton parking garage), Transportation Services can support the proposed parking variance provided that the above two (2) points are completed. 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 where the second storey is currently vacant and being repurposed for medical office use, be approved, subject to the following conditions: 1) That the Site Plan be updated, which includes the installation of three (3) additional secure bicycle parking spaces; 2) That the owner should ensure that all on-site parking spaces are available at all times; and, 3) That condition #1 above be completed by September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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 KITCH��r,R Community Services Department www.kifchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: REPORT #: ADDRESS: PROPERTY OWNER: SUMMARIZED RECOMMENDATION: DATE OF REPORT: Committee of Adjustment April 16th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Jenna Daum, Technical Assistant 519-741-2200 ext. 7760 DSD -19-076 72 Wilson Avenue — SG 2019 - 008 City of Kitchener Approve with Conditions April 8th, 2019 Location Map: 72 Wilson Avenue n J Staff Report K]TCHE t R Community Services Department wmkifcheneua REPORT Planning Comments: City Planning staff conducted a site inspection of the property on April 2nd 2019. The subject property is zoned Open Space Zone (P-2) and is designated Low Rise Residential in the City's Official Plan. EATER PARTY AP 22 12-3PM �• TIX AT DESK Proposed location of ground supported sign with automatic changing copy (replacing the existing sign which has manual changing copy) The applicant is requesting permission to install a ground supported sign with automatic changing copy. The applicant is asking for relief from Section 680.11.19 of the Sign By-law to allow for 51 % of the sign area to contain automatic changing copy whereas the By-law permits a maximum of 30%. The intent of Section 680.11.19 of the Sign By-law is to ensure that the total area of a sign that contains automatic changing copy is kept at a reasonable size and that large, fully digital signs do not dominate streetscapes. However, the proposed sign will only contain 2.10 square metres of sign area containing automatic changing copy. Staff is of the opinion that this amount is minimal and still achieves the intent of Section 680.11.19 of the Sign By-law. J Staff Report KITCH�� r R Community Services Department www.kifcheneua HEADER 20.72 ogft .1,5L� ME55A6E.. CENTRE 22.67tgit 2.1 t 3;1. . _ &EYG4i 7.42sgR Q.t�i7�eh� jl �I (0 5oro) ICnra•ie rpt Y¢xr Mlr.Hr. UV Eu.ul.tt Arco 5riiHox I - �2^t57] W+i10E FI�YuC FAZE YAI}1 jl g0.95ini j � ffi rwwsir�svtsn �'1 � � ALIfML6A C/�NS1516E1.'.N[iN DO% 6DE9ANDFF"9PmW5LAEK 2' �^ GtrDp781LELEGIR MCNI.E65AGE MIY£'„E -#•*ds.EleeGw�bMcSea;di��%- Fk EJan�Fattur®r^CaR ULK 7-4r -LEO Cddr 1Lbun F1RLCOf0UQ8 (2.24m) T-0.eth¢Nrnl+g Arai 2'•8'a 8'•6' E1ZA1AE�55 � � vmet, i.94 dcg yar[waGEx 70 &iyxnxra Yeracaf ` CAl3$lE7'; -Wb4.o re '7.'-B'K%s`Bw%d-9'o IR y }..n •Wbslcsd ^a+�Wdee unrs [1]xrvr.aNdN ]snd ��jj..��— -... •FxW.�.d tempsraturnerMR 1 � . _ � .n g1 /�CXYN1iliA4•Kn`SYEEL P9LE r t' KfATEHTOW,99MF95C LLLUMN kg��Sn �GRULiKD SY".'S WAP.{F_LECrg }v4ESAGECF3iRrc Proposed design of new ground supported sign containing automatic changing copy The sign complies with all other regulations of the Sign By-law. Based on the above comments, staff is of the opinion that the proposed variance to the sign is minor and meets the general intent of the Sign By-law and is appropriate for the lot and surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Ensure that the proposed sign is located outside of the driveway visibility triangle (DVT). RECOMMENDATION: That minor variance application SG2019-008 requesting permission to replace the existing ground supported sign with a sign that has 51% of the sign area being automatic changing copy ratherthan the permitted maximum area of 30% be approved, subject to the following conditions: 1. That a sign permit is obtained from the Planning Division. J Staff Report KITCH��r:R Community Services Department www.kifcheneua 2. That the automatic changing copy portion of the sign be turned off between the hours of 12:OOAM and 6:00 AM. 3. That condition 1 shall be completed prior to August 16th, 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. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning & Zoning) Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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 Holly Dyson From: Andrew Herreman <aherreman@g rand river.ca > Sent: 08 April, 2019 11:54 AM To: Holly Dyson Cc: Trisha Hughes Subject: SG 2019-008 - 72 Wilson Avenue Hi Holly, The Grand River Conservation Authority has no comments or concerns regarding application SG 2019-008 at 72 Wilson Avenue. Let me know if you have any questions. Sincerely, Andrew Herreman, CPT I Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729, Cambridge, Ontario N1 R 5W6 (519) 621-2763 x 2228 1 www. g rand river. ca Staff Report AaR Development Services Department www.kitchenerea REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 WARD: 10 DATE OF REPORT: April 5, 2019 REPORT #: DSD -19-077 SUBJECT: A2019-026 — 607 Victoria Street North Applicant — Mudassar Khan & Eddie Partito Approve OnPoint Image — 607 Victoria Street North REPORT Planning Comments: City Planning staff conducted a site inspection of the property on April 4, 2019. The subject property is located at the intersection of Victoria Street North and Edna Street and is presently vacant. The former gas station on the property has been demolished. The Official Plan designates the property is Arterial Commercial Corridor and the property is zoned Arterial Commercial Zone (C-6) in By-law 85-1. The applicant has received Site Plan Approval in Principle to redevelop the site with a convenience retail store and gas bar subject to approval of the required minor variances. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance In order to achieve the City's objective for pedestrian friendly development and active streets, the building has been located close to the street at the intersection of Victoria Street North and Edna Street necessitating a minor variance for the front yard setback and side yard abutting a street setback. lff� SITE STATISTICS dmlo4-�IGS OM ImhB-C7 (W BW CofRR(glatlan• A2tl19LC9 W Nes-182fm' ®dldry ConiaBa-110m'(97'k} Lmaac.�ped Brea-Msm� i13.5`dj Mien 1 Heb Sufars Pres. 1254N [TP.] PrYJng ReW 6e615P® C.rrcnlmav RCall IIed:12IXn� = C ipJY6 :=11•�f.r l.I- .. a.l . tl I.I�::rclma-2Amaa5R I, r COMM—.CIS,. T�IaIGvs: FLS. -a �. pnd�h9meB.vrl•.,. SITE PLAN Myr SITE PLAN APPLICATION : SP181015MLT scare}:am PART OF LOT 52, REGISTERED PLAN 763 SUNCOR ENERGY INC. City of Kitchener RINENI =�13`II`; sNr=:a:l,uv:c 607 VICTORIA STREET NORTHDWROPMENTs_R`nEs)E W18E: IMRCH 8, �f8 Site Plan —Approved in Principle Through the site plan review process, two minor variances were identified in order to facilitate the proposed development: 1. Relief from Section 12.2.1 to allow a front yard setback of 3.0 metres rather than the required 6.0 metres; and 2. Relief from Section 12.2.1 to allow a side yard abutting a street of 3.0 metres rather than the required 6.0 metres. Staff have worked with the applicant to achieve a functional site design and pedestrian friendly development. The convenience store building has been located closer to the intersection making it easily accessible from the municipal sidewalk and the gas pumps and parking have been located further away from the public realm. 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 variances meet the general intent of the Official Plan for the following reason. The Arterial Commercial Corridor designation of the property supports locations for predominantly automobile oriented uses which are located on primary arterial roads. The proposed gas station and convenience store are in keeping with the designation of the property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The variances meet the general intent of the Zoning By-law for the following reasons. The Arterial Commercial zone (C-6) permits the use of the property for a gas station and convenience retail use. The 6.0 metres setback is to ensure adequate separation from public streets and to provide space for landscaping. The reduction in setback to 3.0 metres coupled with a large Regional Road right-of-way will give the appearance of a greater setback and still allows for the required landscape buffer on the property. 3. Is the proposal desirable for the appropriate development or use of the land? The variances are appropriate for the development and use of the land for the following reasons. Both the City's Official Plan and Zoning By-law permit the use of the property for a gas station and convenience retail use. The design of the site supports the City's goal of creating more pedestrian friendly environments and creates an active street edge. 4. Is the proposal minor? The variances are minor for the following reasons. The reduced setback of 3.0 metres rather than the required 6.0 metres will maintain adequate separation from the public streets and allow for landscaping around the perimeter of the site. The reduced setback will not impact any adjacent property. Creating a more pedestrian accessible development is preferable in such a highly auto oriented area. The building being located closer to the street will allow for better vehicular access to and from the site as well as creating a functional fire route and fuel truck delivery route. Based on the foregoing, Planning staff recommends that the application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: No concerns. Transportation Services Comments: No concerns. Engineering Comments: No concerns. Heritage Comments: No Concerns. RECOMMENDATION That application A2019-026 requesting relief from Section 12.2.1 to allow a front yard setback of 3.0 metres rather than the required 6.0 metres and a side yard abutting a street of 3.0 metres rather than the required 6.0 metres be approved subject to the following condition: 1. The owner shall receive final approval of Site Plan Application SP19/015N/LT. Lisa Thomspon, CPT Planning Technician Juliane von Westerholt, BES, MCIP, RPP Senior Planner *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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 I www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 WARD: #2 DATE OF REPORT: April 8th, 2019 REPORT #: DSD -19-080 SUBJECT: A2019-029 — 150 Eaglecrest Street Applicant — Dino Lopes Approve NI Location Map: 150 Eaglecrest Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is zoned Residential Six Zone (R-6) with Special Regulation Provision's 306R and 307R. The property is also designated Low Rise Residential in the City's 2014 Official Plan. City Planning staff visited the site on April 2, 2019. The applicant is seeking relief from Section 40.2.2 of the Zoning By-law to legalize an enclosure around an existing second storey balcony that has a rear yard setback of 3.73 metres rather than the required 5.73 metres. While the rear yard setback for single detached dwellings in an R-6 zone is 7.5 metres, it is important to note that a variance was approved in 2015 prior to construction of the building. This variance allowed for the construction of a single detached dwelling with a covered deck, having a rear yard setback of 5.73 metres rather than the required 7.5 metres. Rear of the subject property 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 the City's 2014 Official Plan. This intent of this designation is to preserve the scale, use and intensity of the existing neighbourhood. The requested variance to legalize an enclosure around an existing second storey 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 proposed variance meets the intent of the Zoning By-law. The intent of the 7.5 metre rear yard setback is to ensure that there is a sufficient distance from neighbouring properties so that they do not negatively impact neighbours and also to provide an adequate amenity space in the backyard. The proposed rear yard setback of 3.73 metres is a reduction of 3.77 metres and will not impact the abutting lot to the rear, which is the Kiwanis Park Natural Area zoned Public Park Zone. 3. Is the Variance Minor? The variance is considered minor. Staff is of the opinion that the reduction in setback will still provide an adequate distance between the addition and the rear property line, as well as sufficient space for an outdoor amenity area. 4. Is the Variance Appropriate? The proposed variance is considered appropriate for the development and use of the lands. Staff is of the opinion that the proposed 3.73 metres rear yard setback will not negatively impact the use of the property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the enclosure over the existing deck is obtained. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No comments. RECOMMENDATION That application A2019-029 requesting relief from Section 40.2.2 of the Zoning By-law to legalize an enclosure around the existing second storey balcony located 3.73 metres from the rear property line rather than the required 5.73 metres be approved. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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 I K;< -,\FR www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 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: 1 DATE OF REPORT: April 5, 2019 REPORT #: DSD -19-081 SUBJECT: A2019-030 — 176 Woolwich Street Applicants — Craig McCue on Behalf of Stefanie Wright Approved with Conditions R. INV. gyp, :0M Location Map: 176 Woolwich Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 176 Woolwich Street is zoned Agricultural (A-1), and designated Low Rise Residential in the Official Plan. The applicant is proposing to build a garage addition and can no longer meet the requirements of Section 34.3.2 of the Zoning By-law. The applicant is requesting relief to allow an addition to have a side yard setback of 1.2 metres rather than the required 7.5 metres. Further relief is being sought to legalize the existing lot width of 52.5 metres rather than the required 60 metres. City Planning staff conducted a site inspection of the property on March 14, 2019. 176 Woolwich Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced side yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The current A-1 zoning currently requires a 7.5 metre setback from the side lot line to ensure there is adequate separation from the dwelling and lot line for agricultural purposes. The lot in question is surrounded by residentially zoned properties which currently allows for a 1.2 metre setback from the property line. The applicants are looking to create an attached garage that is located 1.2 metre from the side lot line which is consistent with the zoning for the surrounding properties. Furthermore the applicants are looking to legalize the existing lot width of 52.5 metres whereas 60 metres is required. As such, staff is satisfied the requested variance to reduce the side yard setback to 1.2 metres whereas 7.5 metres is required, and to legalize the existing lot width both meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The property continues to be used for residential purposes with an agricultural zone. 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 provided a building permit for the attac hed 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. Environmental Comments: The entire property is regulated by the GRCA. The subject property and adjacent properties are well treed. The location of the proposed addition appears to be within the dripline of a tree located on 168 Woolwich St. Please include the following condition; That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the 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 removed and/or preserved. 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. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-030 requesting permission to build an attached garage to have a side yard setback of 1.2 metres rather than the permitted 7.5 metres, and to allow a lot width of 52.5 metres rather than the required 60 metres, be approved subject to the following conditions: 1. The owner prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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 PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 8, 2019 YOUR FILE: GRCA FILE: A2019-030 — 176 Woolwich Street RE: Minor Variance Application A 2019-030 176 Woolwich Street, City of Kitchener Stefanie Wright and Craig McCue 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: aherrem an@g rand river. ca A 2019-030 GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject lands contain wetlands and the regulated allowance adjacent to the wetlands. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the minor variance application is requesting a reduced side yard setback for a proposed addition to the dwelling as well as a reduced lot width. The proposed addition is setback from the wetlands and we do not anticipate any negative impacts to wetlands as a result of the proposed development. 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' minor variance application and the applicable plan review fee is $270.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $270.00. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. N:\Resource Management Division%Resource Planning\Waterloo Region\KITCHENER\2019\Minor Variance\A2019-030 - Page 1 of 2 176 Woolwich Street\A2019.030 - 178 Woolwich Street.docx These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. cc: Stefanie Wright & Craig McCue — 176 Woolwich Street, Kitchener, ON N2K 1S6 N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Minor Variance\A2019-030 - Page 2 of 2 176 Woolwich Street\A2019-030 - 176 Woolwich Street.docx * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority 2 L -+✓ r N N Q W o f U Q K U Z -Q, U U Q (� mo n Q K U U m > Q Q 0C7 K lu 0 Q 0- ° v .. ¢ Q m m U o.x°'jE O `�j v T v Co a C N 'o C� o �° Q _ o c m (6 > ti N m ¢ m Q o a m .° On m a nom- .E m a3 U a m Q a K no L T o a) m E Q m Cf)f -o a U emi .K K aoi U' aoi LL ul 0 W �� m ci .a' _a' .a) .a' CJ C7 m m m .m a m ao ao ° I l IJ I,I.I Lf w N a W LU Q <n � in Ca W ® mo [I L7 v N ' j- Q `• . . . . . ..... - ri W ,� i- Q Holly Dyson From: Danielle Ingram <Danielle.ingram@waterloo.ca> Sent: 09 April, 2019 8:12 AM To: Holly Dyson Cc: Andrew Pinnell Subject: Kitchener Committee of Adjustment Notice Hi Holly, The City of Waterloo has no concerns with minor variance applications A2019-030, A2019-033 & A2019-034, and will defer to City of Kitchener planning staff to undertake a full review of each application. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo 1��i 10O REGINA ST. S. 1 PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingram@waterloo.ca www.waterloo.ca I www.twitter.com/citywaterloo www.youtube.com/citywaterloo I www.facebook.com/citywaterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 1 Staff Report Ki -R Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 9 DATE OF REPORT: April 4, 2019 REPORT # DSD -19-082 SUBJECT: Application #: A2019-031, 24 Gaukel Street Applicant: GSP Group Recommendation to Approve 259 255 -.... --_._ ..— � ;�� 31 •227 22 1 22- 2775213 r I 267' 158 201 151, d/ 1 Subject Property 0 Location map: 24 Gaukel Street REPORT Pinn muranst Cdlective 2E2 41� Planning Comments: The subject property is zoned Retail Core Zone (D-1) and is designated as City Centre District in the Urban Growth Centre Plan of City of Kitchener's Official Plan. The owner is currently developing a 31 storey mixed used development consisting of 300 dwelling units and 577 square metres of commercial uses. The applicant has submitted a revised site plan proposing to reconfigure the design of the second floor of the building to add 7 additional dwelling units. The redesign will result in a parking deficiency of 9 parking spaces and the owner is requesting relief from Section 6.1.2 c) of the Zoning By-law to provide parking at a rate of 0.95 parking spaces per unit (greater than 51.0 sq. m) rather than the required 1.0 parking spaces per unit (greater than 51.0 sq. m). Staff conducted a site visit on April 3, 2019. Subject Lands at 24 Gaukel Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: 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 as City Centre District in the Urban Growth Centre Plan of City of Kitchener's Official Plan. The City Centre District is the heart of the Downtown and Urban Growth Centre (Downtown) and is characterized by several large office developments and large scale mixed use developments. The designation encourage taller buildings, lively street activity and a stylish mix of shops, restaurants and bars and cultural and entertainment uses. The 7 additional units proposed and reduced parking rate will add more residents downtown and contribute further to a lively and liveable Downtown. The requested variance is appropriate, as the proposed parking rate will not create unacceptably adverse impacts on adjacent properties. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variance to reduce the parking rate from 1.0 spaces per unit (greater than 51.0 sq. m) to 0.95 parking spaces per unit (greater than 51.0 sq. m) meets the general intent of the Zoning By-law. The purpose of the 1.0 parking spaces per unit (greater than 51.0 sq m.) regulation is to ensure there is adequate parking spaces provided for residents of multiple dwellings. The reduction from 1.0 spaces per unit to 0.95 spaces per unit is minor and will provide adequate parking for residents. Transportation Staff supports the reduced parking rate as the subject property is located downtown next to ION stops and existing GRT routes. 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 mixed use high-rise building a permitted use in the Zoning By-law. The reduced parking rate will not negatively impact the character of the subject property or surrounding neighbourhood. 4. Is the proposal minor? The reduction to the parking rate is considered minor. Staff is of the opinion that the requested variance will provide adequate onsite parking and will not affect the adjacent properties or surrounding neighbourhood. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the downtown location of the development, coupled with ION stops and existing GRT routes, Transportation Services have no concerns with the proposed application. Engineering Services Comments: No concerns. RECOMMENDATION That application A2019-031 requesting relief from Section 6.1.2 c) to provide parking at a rate of 0.95 parking spaces per unit (greater than 51.0 sq. m) rather than the required 1.0 parking spaces per unit (greater than 51.0 sq. m), be approved. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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 Repod Klr NER Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 6 DATE OF REPORT: April 4, 2019 REPORT # DSD -19-083 SUBJECT: Application #: A2019-032, 262-282 Kingswood Drive Applicant: Labreche Patterson and Associates Inc. Recommendation to Approve with Conditions Location map: 262-282 Kingswood Drive REPORT 12 Acura Spedsp4m Subject Property Planning Comments: The subject property located at 262 - 282 Kingswood Drive is designated Medium Rise Residential in the City's Official Plan and zoned Residential Eight (R-8) in Zoning By-law 85-1. The property is currently developed with six, three-storey multiple dwellings and one, five -storey multiple dwelling. In 2016 the Committee of Adjustment approved application A2016-052 to permit ,`, COUNTRY HILLv .l t tib`• J Planning Comments: The subject property located at 262 - 282 Kingswood Drive is designated Medium Rise Residential in the City's Official Plan and zoned Residential Eight (R-8) in Zoning By-law 85-1. The property is currently developed with six, three-storey multiple dwellings and one, five -storey multiple dwelling. In 2016 the Committee of Adjustment approved application A2016-052 to permit a reduced parking rate of 1.19 spaces per unit. Since then, the property owner has monitored their parking supply and determined they have an over supply of visitor parking and under supply of spaces for tenants. The owner is proposing to reduce the required 20% visitor parking to 0.1 visitor spaces per unit (8.5% of the required parking). To permit the reduction the owner is requesting relief from section 6.1.2 b) vi) b) to permit 0.1 visitors spaces per unit (8.5% of the required parking) rather than the 20% visitor parking spaces of the required parking. Staff conducted a site visit on March 20, 2019. Subject Lands at 262-282 Kingwood Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff 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 Medium Rise Residential in the City's Official Plan which encourages a range of housing types that achieve a medium overall intensity of use. Multiple residential is intended to be the predominant form of development and re -delineating parking spaces within the existing medium rise development will maintain the character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate, as the proposed parking rate will not create unacceptably adverse impacts on adjacent properties. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variance to reduce the visitor parking from 20% of the required parking to 0.1 visitor spaces per unit (8.5% of the required parking) meets the general intent of the Zoning By-law. The purpose of the 20 % visitor parking spaces rate is to ensure there are adequate parking spaces provided for visitors of residents living in the multiple dwelling units. To support the proposed visitor parking reduction, the applicant completed a parking occupancy study to confirm visitor parking utilization for the subject site, which suggests that 36 visitor parking spaces (0.1 visitor spaces per unit) would be appropriate for the size of this development. In summary, the parking study indicates that the existing visitor parking onsite provides for an oversupply of visitor parking. As such, Staff is satisfied that a reduction of the visitor parking rate to 0.1 spaces per unit (8.5% visitor spaces of the required parking) will provide adequate visitor parking spaces to visitors of the residents. Transportation Staff supports the findings of the parking study and has no concerns with the proposed visitor parking rate. 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 reduced visitor parking rate will not negatively impact the existing character of the subject property or surrounding neighbourhood. 4. Is the proposal minor? The reduction to the visitor parking rate is considered minor. Staff is of the opinion that the requested variance will continue to provide adequate onsite visitor parking and additional parking for tenants and will not affect the adjacent properties or surrounding neighbourhood. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the data collection for the existing units and existing visitor parking demand, the proposal of providing 36 (0.1 visitor spaces per unit) visitor parking spaces for 356 units is acceptable. Engineering Services Comments: No concerns. RECOMMENDATION That application A2019-032 requesting relief from section 6.1.2 b) vi) b) to permit 0.1 visitors spaces per unit (8.5% of the required parking) rather than the 20% visitor parking of the required parking be approved, subject to the following condition: 1. That the owner submits a site plan application to re -delineate the parking spaces. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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: April 16th, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Christian Tsimenidis, Student Planner - 519-741-2200 ext. 7074 WARD: #1 DATE OF REPORT: April 8th, 2019 REPORT #: DSD -19-084 SUBJECT: A2019-033 — 306 Field Sparrow Crescent Applicant — Paul Florica Approve AS AMENDED Location Map: 306 Field Sparrow Crescent *** 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 Three Zone (R-3) with Special Regulation Provision's 304R and 307R. The property is also designated Low Rise Residential in the City's 2014 Official Plan. City Planning Staff visited the site on April 2, 2019. The applicant is seeking 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 7.1 metres from the intersection, rather than the required 9.0 metres. The applicant is also seeking relief from Section 5.3 of the Zoning By-law to allow the parking of motor vehicles on a driveway encroaching 0.4 metres within the corner visibility triangle of 7.5 metres. Upon further investigation, a second variance for a driveway encroaching 0.4 metres within the corner visibility triangle of 7.5 metres is no longer required. The applicant updated the sketch to include the corner visibility triangle, which indicates that the proposed driveway will be located outside of the 7.5 metre boundary. Therefore, Planning Staff recommends that the second variance be amended. Please see Appendix `A' for the updated sketch. Subject property 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 the City's 2014 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 7.1 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 still ensures that the driveway will be outside of the Corner Visibility Triangle (7.5 metres). It is the opinion of staff that the 1.9 metre reduction meets the general intent of the By-law with respect to safety and visibility. Additionally, Transportation Services supports a 1.9 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, as well as the safety of motorists, cyclists and pedestrian. It is the opinion of staff, that the proposed 7.1 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 supports a 1.9 metre reduction from the required 9.0 metre driveway setback to provide a 7.1 metre driveway setback. Transportation Services supports a 0.4 metre reduction from the required 7.5 metre corner visibility triangle to provide a 7.1 metre corner visibility triangle. Engineering Comments: No comments. RECOMMENDATION That application A2019-033 (as amended) 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 7.1 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 Appendix `A' The following image is an updated sketch of the property and was submitted to City Planning Staff on March 14, 2019. The first 3.0 metres of the proposed driveway has a width of 6.0 metres, and does not encroach into the corner visibility triangle. SKETCH FOR BU I LO I NG PERMIT APPLICATION CITY OF KITCHENER 13 z4 6 6 10 m SCALE 1 1 250 1 11 C I I I I I, I MrTRIC DOZE i IMlPEA I AL MEASURE SHOWN THUS C I MMIF ILTRAT ION IS REOU I RED FOR THIS LOT. PAACIEL DESGR I PT FON F LIST 3, REGISTERED PLAN 5OM •552 o -n- AREA. 78 5. 4 fn;? J v D I JYG rooTPP IN T - 223. % m CET IF OV( V'?'LN 4 ,53 } a� ¢ dRr% 9.1 0 `l * m qj VIM aL76 ^y Imo• I� rri -4 k 495" S' I 0 s kA 11- I L L 1 - LF '� I Ii•_ Yi 0 - OINGM °�pTL011 VrL } a� ¢ dRr% 0 VIM aL76 Imo• Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Danielle Ingram <Danielle.ingram@waterloo.ca> Sent: 09 April, 2019 8:12 AM To: Holly Dyson Cc: Andrew Pinnell Subject: Kitchener Committee of Adjustment Notice Hi Holly, The City of Waterloo has no concerns with minor variance applications A2019-030, A2019-033 & A2019-034, and will defer to City of Kitchener planning staff to undertake a full review of each application. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo 1��i 10O REGINA ST. S. 1 PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingram@waterloo.ca www.waterloo.ca I www.twitter.com/citywaterloo www.youtube.com/citywaterloo I www.facebook.com/citywaterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 wR www.ki tch en er. c a Committee of Adjustment April 16, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 1 April 5, 2019 DSD -19-085 A2019-034 — 188 Redtail Street Applicant — Paul Florica on Behalf of Activa Holdings Inc. Approved with Conditions Location Map: 188 Redtail Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 188 Redtail Street is zoned Residential Five (R-3) with Special Use Regulations 304R and 307R, and designated Low Rise Residential in the City Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) ii) e) and Special Regulation 307 b) ii) of the Zoning By-law to construct a driveway that is 10.24 metres in width where as 8 metres is permitted. The driveway width will not exceed 50 percent of the lot width and the proposed driveway will be as wide as the attached garage. The driveway and its widening will not exceed 6.0 metres within 3.0 metres of the front lot line. City Planning staff conducted a site inspection of the property on April 5, 2019. 188 Redtail Street In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of Official Plan 1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a wider driveway is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance to widen the driveway meets the general intent of the Zoning By-law. The intent of the maximum 8.0 metres driveway width is to have an aesthetically pleasing streetscape by having an appropriate balance of driveway and front yard amenity space. The driveway width will be less than 50% of the lot width and it will not exceed 6.0 metres in width within 3.0 metres of the front lot line. This maintains the balance between the driveway and front yard amenity space. Application is Minor 3. Staff is of the opinion that the requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The increase in driveway width will not impact the existing neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not have any negative impacts on the adjacent properties or the surrounding neighbourhood. H4298UbV1 $ INFILir 'LAN 1 fJ 58M-551 311 5.Gfi jy{ 4 I rr1v 1, 9A 11f1 YYEE 9 CP9NCu� [iao `+ MO Bti Gild N 171 4 el `1 y U' ® 1 Y RMC M �f i f �� i yen rr 1 MUJ'5� - r.r.•lr1.!! a q O mP y1 CAAAU I `r__. w — rq.aw 1,01 $ +. .79 13 2_Ef5 ! Srl.66 !w+! r l � SONE + LT lend ua.l n�. i wgaos o 1- 'g AT us to j po q PW Y i — rill 4r��n sis.�e "218'a31Y ri Proposed driveway width —188 Redtail St. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided revised drawings and grading plan is submitted for currently issued building permit. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: No environmental planning concerns. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-034 requesting relief from Section 6.1.1.1.b) ii) e) and Special Regulation 307 b) ii) to construct a driveway that is 10.24 in width ratherthan the permitted 8.0 metres, be approved. Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Danielle Ingram <Danielle.ingram@waterloo.ca> Sent: 09 April, 2019 8:12 AM To: Holly Dyson Cc: Andrew Pinnell Subject: Kitchener Committee of Adjustment Notice Hi Holly, The City of Waterloo has no concerns with minor variance applications A2019-030, A2019-033 & A2019-034, and will defer to City of Kitchener planning staff to undertake a full review of each application. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo 1��i 10O REGINA ST. S. 1 PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingram@waterloo.ca www.waterloo.ca I www.twitter.com/citywaterloo www.youtube.com/citywaterloo I www.facebook.com/citywaterloo IMPORTANT NOTICE: This communication (including attachments) is intended solely for the named addressee(s) and may contain information that is privileged, confidential and exempt from disclosure. No waiver of confidence, privilege, protection or otherwise is made. If you are not the intended recipient of this communication, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 1 Staff Report -Ki IC HENER Community Services Department www.krtchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 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: April 9, 2019 REPORT #: DSD -19-086 SUBJECT: A 2019-035 — 186 Kent Avenue Owners — 2598198 Ontario Limited / Sandra Bromberg Approval with Condition REPORT Planning Comments: The property is zoned Residential Five (R-5) in By-law 85-1 and is designated as Low Rise Conservation in the Mill Courtland Woodside Park Neighbourhood Plan. Staff visited the site on April 9, 2019. The owner is requesting permission to reconstruct a covered front porch for an existing single detached dwelling that is 0.94 above grade having a front yard setback of 2.39 metres rather than the required 4.5 metres; having a side yard setback abutting Kennedy Avenue of 2.6 metres rather than the required 4.5 metres; to permit the porch to be located 2.1 metres into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit the porch to be located 1.5 metres into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit new stairs to be 0.94 metres high located within 3 metres of a street line whereas the By- law only permits stairs to be a maximum of 0.6m in height when located within 3 metres of a street line. It is noted that the existing porch has been on the property for many years without issues. The reconstructed porch will be in the same location but it will have a slightly larger footprint (as shown in the drawing submitted with the application). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The proposed variances meet the general intent of the Official Plan. The subject property is designated as Low Rise Conservation in the of the City's 1994 Official Plan. The proposed variances meet the intent of the designation which is to retain the existing low rise, low density, primarily detached housing stock. The requested variances to reconstruct a porch are appropriate for the area and continues to maintain the low- density character of the property and surrounding neighbourhood. General Intent of the Zoning By-law The proposed variances meet the general intent of the Zoning By-law. The owner has advised that the existing stairs are in need of repair, and as the stairway is curved, it does not meet current building code and is a safety concern. The reconstructed porch will have stairs that are safer and function better than what currently exists. The intent of the setback regulations for porches and stairs is to ensure an adequate separation from the public street while also encouraging `eyes on the street' in the neighbourhood. Itis noted that the proposed setbacks will continue to provide an adequate separation distance to the sidewalk. Though the porch is to be located inside the CVT, the main portion of the existing building is already located in the CVT and there has been no concerns to date regarding the visibility. In regards to the DVT, Traffic staff is in support of the proposed changes provided that the railing being installed provides unobstructed visibility. Staff is of the opinion that the general intent of the bylaw is met. Variance is minor The requested variances will maintain a sufficient setback from the public realm in order to provide privacy for the occupants and also to ensure that the use of the porch will not negatively impact pedestrians using the sidewalk. As noted above, there are no visibility concerns with the proposed porch and stairs in the DVT or CVT. Therefore staff are of the opinion that the variance is minor. Variance is appropriate and desirable The proposed variances are appropriate for the development of the property and the surrounding neighbourhood. With the proposed renovations, the occupants will be able to make better use of the porch as an outdoor amenity area while still maintaining a sufficient setback to the street. The proposed renovation blends in well with the character of the residential neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the front porch is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Transportation Services supports the encroachment of the proposed porch into the corner visibility triangle (CVT), as there is an existing no parking anytime prohibition on the west side of Kent Avenue between Courtland Avenue East and Hurst Avenue which provides enhanced visibility of pedestrians and vehicles. Transportation Services supports the proposed porch encroaching into the DVT, provided that the railing being installed provides unobstructed visibility. Engineering Comments: No concerns. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No natural heritage concerns. N.B. The front of the lot is located within the flood fringe of Shoemaker Creek which is regulated by the GRCA. RECOMMENDATION: That application A 2019-035 to reconstruct a covered front porch on an existing single detached dwelling that is 0.94 above grade having a front yard setback of 2.39 metres rather than the required 4.5 metres; having a side yard setback abutting Kennedy Avenue of 2.6 metres rather than the required 4.5 metres; to permit the porch to be located 2.1 metres into the Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments into the CVT; to permit the porch to be located 1.5 metres into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT; and, to permit new stairs to be 0.94 metres high located within 3 metres of a street line whereas the By- law only permits stairs to be a maximum of 0.6m in height when located within 3 metres of a street line, be approved subject to the following conditions: 1) That a building permit for the porch be submitted to the Building Division; 2) That the railings for the proposed porch provide unobstructed visibility; and, 3) That condition #1 above be completed by October 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician Fax: (519) 621-4945 E-mail: aherreman@grandriver.ca PLAN REVIEW REP -ORT: City of Kitchener HOliv Dvson DATE: April 8, 2019 YOUR FILE: A 2019-035 GRCA FILE: A2019-035 —186 Kent Avenue RE: Minor Variance Application A 2019-035 186 Kent Avenue, City of Kitchener 2598198 Ontario Ltd. GRCA COMMENT: Grand River Conservation Authority (GRCA) staff have no objection to the above -noted minor variance application. Please see our detailed comments below. BACKGROUND: 1. Resource Issues Information currently available at this office indicates that a portion of the subject property is within the flood fringe portion of the floodplain associated with Schneider Creek. A portion of the property is also within the regulated allowance adjacent to the floodplain. 2. Legislative/Policy Requirements and Implications This reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. In Two -Zone areas, the floodplain is comprised of two sections - the floodway and the flood fringe. The flood fringe lies between the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood fringe are much less than those in the floodway, allowing for limited development to occur. Due to the presence of the floodplain, a portion of this property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the property will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to our office, the review of the application by Authority staff and the subsequent approvallrefusal of the permit application by the GRCA. 3. Plan Review Fees This application is considered a `minor' minor variance application and the applicable plan review fee is $270.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $270.00. Page 1 of 2 We trust this information is of assistance. If you have any questions or require additional information please contact the undersigned. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority C.C. 2598198 Ontario Ltd. c/o Sandra & Hardy Bromberg —107 Maplelawn Drive, St. Jacobs, ON NOB 2N0 * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. Page 2 of 2 _i a) t Z\ Qi L O N O Q a $ o o m o E (vj O 2' Z 9i € 3 a e x _ a o 0 C) � > U a � C? boa �as ¢ U L U 2-. r�>/ Q CL Q _ C7 K _ u r Q Q o f ;, -- = E n L w v LL .12 C:a Q d Q Ncz � p N� r d°~?t E a 6 O m N -0 m U t - g am - s > m Q : .o Q v E° o m m a b r a o g a U� NOC) y m m U LD -0 m o U o a o r i° m OEnm z�";��a r J J CQJ E a CD (7 a° LL U � W uN C i o ro c E o .� C7 m w c m .- .m — .� QE� O CC) m m m c m m a a > d °� > o W W w w m c � a v U M 01 01 OI >� C W W Q (n in O (n O O Y Y Y Y O t « K a u o o v t c c No MF J J J J d rn `n N� m E wn �5 a a� � c � N N 12 O O mn l9 Lm� o m U = via U O �'w55 d ti 4'c Q' O ` J N O 10Ile i ;{fit% r'• rn r m lAllic N ♦ V n JL 1 Staff Report i�TTCH� N� R Community Services Department www kitchener cn REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner - 519-741 2200 ext. 7987 WARD: 3 DATE OF REPORT: April 5, 2019 REPORT #: DSD -19-087 SUBJECT: A2019-036 — 2960 Kingsway Drive Applicant — K. Barisdale (GSP Group) Owner — CF Realty and Ontrea Approve with Conditions dao ♦� ,, °sc, � ♦ � ter- r 40, U % � 2292 Kingsway Dr / (owned by others) ' Lot F i z vo Subject Lands Lot G ❑r 2960 Kingsway Dr (CF) .,f..: Fairview Transit~ ,a Terminal. �! + HIDDEN VALLEY r ,r 220 Fairway (CF h9 TRILLIUM INDUSTRIAL PARK Map 1 — 2960 Kingsway Drive REPORT The subject lands are located at 2960 Kingsway Drive and contain the existing Fairview Park Mall. The lands are designated Mixed Use in the City's 2014 Official Plan and zoned Regional Shopping Centre Zone (C-5) in Zoning By-law 85-1 with Special Regulation 16R, which restricts the maximum gross leasable commercial space permitted to 72,000 square metres. The lands are developed with Fairview Park Mall. The Owner is requesting two variances at this time to facilitate Phase 1 of the mall's redevelopment. Variance 1: relief from Section 6.1.1.1 a) iv) to permit a 0.0 metre wide landscape strip and to permit parking within 3 metres of the streetline along Highway 8, whereas a 3 metre wide landscape strip and parking setback are required. Variance 2: relief from s.6.1.2 a) to permit 2164 parking spaces rather than 2531 parking spaces. Since the minor variance application was submitted, staff has requested minor refinements to the proposed site layout, which has resulted in 16 additional parking spaces being removed from the plan. Therefore, the applicant is requesting that the Committee consider a variance to permit 2148 parking spaces rather than 2531 parking spaces. 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 offer the following comments. Variance 1: To permit a 0.0 metre wide landscape strip and to permit parking within 3 metres of the streetline along Highway 8, whereas a 3 metre wide landscape strip and parking setback are required. This same variance was considered in 2017 in support of a Site Plan application which was being considered at that time. The Committee recommended approval, however on the condition that the approval only applied to the property as it existed on June 20, 2017 and additional relief would be required if changes were proposed to the gross floor area. At this time, the applicant is proposing renovations in the vicinity of the former Sears store, and new construction near the main site entrance to Fairway Road. No changes are proposed to the existing parking layout along the MTO lands. However, staff advises that parking spaces along Fairway Road and up to the intersection with the MTO off -ramps are being adjusted as part of site improvements so that there is compliance with the required landscape buffer and setback along this frontage. General Intent of the Official Plan The subject lands are designated Mixed Use in the 2014 Official Plan. Policies support a broad range of uses, including retail and office, which are proposed as part of the current development proposal. The lands are also located in a Major Transit Station Area (MTSA) which are the focus for development. The proposed reduction to the parking setback does not impact the ability of the site to be developed for the proposed uses, and facilitates the Site Plan applications currently being considered. Based on the foregoing, staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent and purpose of the 3 metre landscape strip and required parking setback is to provide separation and landscaping between parking areas and the public realm, in order to improve the streetscape and pedestrian experience. Staff observes there is a substantial grade change and separation between the property line and the traffic lanes within the MTO right-of-way. This area is grassed and contains a variety of trees which act as a visual screen for drivers. Pedestrians are not permitted within the MTO right-of-way. As there is substantial grade change and existing vegetation between the parking and traffic lanes, staff is of the opinion that there is no benefit to providing additional landscape buffer between parking and the MTO right-of-way at this time, and that the general intent of the Zoning By-law is maintained. Is the Variance Appropriate The owner is proposing substantial redevelopment of the subject lands in areas not associated with these parking lots (Lot F and G on Map 1). This redevelopment supports the evolution of the mall to a mixed use centre which complies with the planning direction for this MTSA. The variance is required to legalize the existing layout of this parking in order to ensure by-law compliance, which is required to facilitate redevelopment of other sections of the site. Staff is of the opinion that the variance is appropriate for the development and use of the lands. Is the Variance Minor Staff is satisfied the requested variance will not cause any impacts to adjacent properties or the streetscape and is of the opinion that it is minor. However, staff recommends that at such time as this parking lot is redeveloped, that the boundary condition is reevaluated in the context of the proposed development. Based on the foregoing, staff is of the opinion that the proposed variance is minor and appropriate for the development and use of the land. Further, staff recommend that a condition be added indicating that the proposed 0 metre setback remain valid until development is proposed within Lot F or Lot G as shown on the plan submitted in support of this application. Photo 1 — existing parking setback to Highway 8 (MTO) right-of-way (March 20, 2019) Variance 2: to permit 2148 parking spaces rather than 2531 parking spaces. Cadillac Fairview Park Mall has been developed as one large shopping mall with common access to interior and exterior areas including hallways, parking, sidewalks, drive aisles, etc. However, the mall property is held in two separate ownerships and as such zoning and parking requirements are calculated on an individual property basis. Cadillac Fairview (CF) has applied for Site Plan approval to redevelop and increase the gross floor area on their portion of the lands (220 Fairway Road and 2960 Kingsway Drive). Through this redevelopment a large area of surface parking is being removed and replaced with buildings. Parking requirements and provisions (based on the redevelopment plans being considered through SP18/091/F/KA) are as follows: (* when calculating parking, spaces that are located within 14 metres of the MTO right-of-way are not counted towards the parking total as these lands are regulated by the MTO and could be required for future highway widening. Therefore, while these spaces currently exist, they cannot be guaranteed to be in place permanently.) Based on the overall site statistics, while there may be a deficit of parking on CF lands (subject of this application), Walmart lands provide a large surplus of parking, resulting in an overall surplus for the mall as a whole. The owners of CF Mall have entered into private agreements for shared use of parking, however, as the City is not party to these agreements they cannot be counted as an off-site parking agreement as provided for in the zoning by-law. Never -the -less, the existing agreements have been in place for decades and have proven to be an effective tool which provides for the ongoing shared parking arrangements. General Intent of the Official Plan The lands are designated Mixed Use in the 2014 Official Plan. Policies support a broad range of commercial uses, including retail and office, which are proposed as part of the current development proposal. The lands are also located in an MTSA and policies support development at higher densities and transit oriented development with less reliance on private automobile. The associated Site Plan Application seeks to intensify and redevelop lands near the transit station and focussed onto Fairway Road South. The proposed parking reduction will support the proposed redevelopment plan and staff are of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of minimum parking requirements in the zoning by-law is to ensure sufficient parking for the ongoing site operations. While consisting of two separate ownerships, Fairview Park Mall operates as a single entity and in accordance with private agreements the owners are obligated to provide for access to parking across the entirety of the lands. Given that the mall overall remains in a position of parking surplus, staff is of the opinion that the intent of the by-law is maintained. Number of Parking Spaces Required by by-law Provided # in MTO Provided (minus By-law setback * MTO) Surplus/Deficit CF Lands 2531 2211 63 2148 -383 GFA = 68337 Walmart Lands 376 967 85 882 +506 GFA = 10151 Entire Mall 2907 3194 148 3046 +139 GFA = 78488 (* when calculating parking, spaces that are located within 14 metres of the MTO right-of-way are not counted towards the parking total as these lands are regulated by the MTO and could be required for future highway widening. Therefore, while these spaces currently exist, they cannot be guaranteed to be in place permanently.) Based on the overall site statistics, while there may be a deficit of parking on CF lands (subject of this application), Walmart lands provide a large surplus of parking, resulting in an overall surplus for the mall as a whole. The owners of CF Mall have entered into private agreements for shared use of parking, however, as the City is not party to these agreements they cannot be counted as an off-site parking agreement as provided for in the zoning by-law. Never -the -less, the existing agreements have been in place for decades and have proven to be an effective tool which provides for the ongoing shared parking arrangements. General Intent of the Official Plan The lands are designated Mixed Use in the 2014 Official Plan. Policies support a broad range of commercial uses, including retail and office, which are proposed as part of the current development proposal. The lands are also located in an MTSA and policies support development at higher densities and transit oriented development with less reliance on private automobile. The associated Site Plan Application seeks to intensify and redevelop lands near the transit station and focussed onto Fairway Road South. The proposed parking reduction will support the proposed redevelopment plan and staff are of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of minimum parking requirements in the zoning by-law is to ensure sufficient parking for the ongoing site operations. While consisting of two separate ownerships, Fairview Park Mall operates as a single entity and in accordance with private agreements the owners are obligated to provide for access to parking across the entirety of the lands. Given that the mall overall remains in a position of parking surplus, staff is of the opinion that the intent of the by-law is maintained. Is the Variance Appropriate The subject development is located in a MTSA and is adjacent to a multi -modal hub. Through the Comprehensive Review of the Zoning By-law (CRoZBy), staff is generally recommending lower parking rates than are in the current zoning by-law, and this is especially true in MTSA's where there is excellent access to public transit. The current ratio in By-law 85-1 is 1 space / 27 m2 resulting in a requirement of 2531 spaces (based on a total GFA of 68,337 m2). CRoZBy recommends maximum and minimum requirements for plaza developments ranging from a minimum of 1/35m2 to a maximum of 1/24m2 resulting in a range from 1952 — 2847 spaces. The development concept provides for 2148 spaces on CF lands which is consistent with the range recommended by the new zoning regulations. As the overall mall continues to provide more than the minimum amount of parking, and as the amount of parking provided on the subject lands is in keeping with the recommended ratio for plaza parking in mixed use areas, staff is of the opinion that the proposed variance is appropriate for the development and use of the lands. Is the Variance Minor Staff are of the opinion that due to the surplus of parking for the mall as a whole, the excellent access to transit, and the recommended reductions to parking rates in transit station areas that the proposed parking reduction is minor. Based on the foregoing, planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Heritage Planning Comments: The lands are a listed heritage property. A Heritage Impact Assessment was completed in supported of the associated Site Plan Application and has been approved. Heritage planning staff is of the opinion that the minor variance application will not adversely impact the heritage features and have no concerns. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services staff is of the opinion that there is sufficient on-site parking for the entire Fairway Park Mall and therefore can support the requested parking variance. RECOMMENDATION That application A2019-036 requesting relief from Section 6.1.1.1 a) iv) to permit a 0.0 metre wide landscape strip and to permit parking within 3 metres of the streetline along Highway 8, whereas a 3 metre wide landscape strip and parking setback are required; and from Section 6.1.2 a) to permit 2148 parking spaces rather than 2531 parking spaces, be approved, subject to the following conditions: 1. That the reduced landscape strip and parking setback to Highway 8 shall only apply to the parking spaces and landscaping configuration existing as of April 16, 2019, and shall only remain valid until such time as lands located within Lot F and Lot G (as shown on the plan attached to the variance application) are developed. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Sent: To: Cc: Subject: IIS Dianna Saunderson Dianna Saunderson 03 April, 2019 2:21 PM Katie Anderl Holly Dyson FW: A 2019-036 2960 Kingsway Drive Committee Administrator Corporate Services I City of Kitchener 519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca From: Morrisey, John (MTC) <John.Morrisey@ontario.ca> Sent: Wednesday, April 3, 2019 2:20 PM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Cc: Pastor, Tracy (MTC) <Tracy.Pastor@ontario.ca> Subject: A 2019-036 2960 Kingsway Drive To: Dianna Saunderson Secretary -Treasurer Committee of Adjustment Re: A 2019-036 2960 Kingsway Drive Fairview Park Mall The Ministry of Transportation (MTO) has completed its review of the above -noted amendment. The amendment has been considered in accordance with the requirements of our highway access control policies and the Public Transportation and Highway /mprovementAct (PTH/A). The following outlines our comments. MTO do not support off-street parking which will be located within O.m of the streetline along Highway 8 interchange. If any part of a development is integral to the operation of the development (including minimum parking requirements, fire lanes, drive-through lanes, delivery areas and loading dock areas) those parts of the development should be set back a minimum of 14 m from MTO's Highway Property Limit. The applicant should be made aware that where MTO's setback requirement exceeds that of the City of Kitchener; then MTO's setback will apply. The existing parking spaces located within 14.Om of the Highway Property Limit may remain for their current use, but shall not be 'legalized' through this amendment. The existing parking spaces located within 14.Om of the Highway Property Limit should be deducted from the total number of parking spaces required under the by-law. The City should contemplate this when considering the applicant's request to reduce the number of parking spaces from 2531 spaces to 2164 spaces. Section 38 of the PTHIA in part states: 38 (2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a permit therefor from the Minister, (a) place, erect or alter any building, fence, gasoline pump or other structure or any road upon or within 45 metres of any limit of a controlled -access highway or upon or within 395 metres of the centre point of an intersection; (e) display any sign, notice or advertising device, whether it contains words or not, other than one sign not more than sixty centimetres by thirty centimetres in size displaying the name or the name and occupation of the owner of the premises to which it is affixed or the name of such premises within 400 metres of any limit of a controlled - access highway; (f) use any land, any part of which lies within 800 metres of any limit of a controlled -access highway, for the purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre or any other purpose that causes persons to congregate in large numbers. We would appreciate receiving a copy of Committee's decision for this application. Regards, John Morrisey Corridor Management Planner Corridor Management Section Engineering Office Ministry of Transportation 659 Exeter Road, London, ON N6E 1L3 Telephone 519-873-4597 Fax 519-873-4228 John.morrisey@ontario.ca Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 wax www.kitchen er. ca Committee of Adjustment April 16, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Katie Anderl, Senior Planner— 519-741-2200 ext. 7987 #5 April 5, 2019 DSD -19-088 A2019-037 — Valencia Court Owner — Activa Holdings Inc. Recommendation: Approve R-4 4!�'-R 0, S" y 5 V�.ryry � Y / 196 402 398 191 187 183 39 172 401 175 R-3rl 1 405 1fi7 Subject Lands 153 157 HURON SOUTH Sfi 20 16 12 8 28 24 4 3 ` 44 40 3 n32 52 00 3 Marti, 15 11 56 64 7 133 Map 1 — Subject Lands zoned R-3 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Photo 1 —Valencia Court (March 20, 2019) REPORT Planning Comments: The subject land is located in an undeveloped stage of the Huron Village subdivision 30T-01201 (Stage 12). It is planned to be developed with single detached dwellings. The subject lands are designated Low Rise Residential and zoned Residential Three Zone (R-3) which requires a minimum lot width of 13.7 metres and a minimum lot area of 411 m2. The owner is proposing a minor variance to permit lots to have a minimum lot width of 10.97 metres and a minimum lot area of 339.5m2 to accommodate the proposed lotting pattern as shown on the lotting plan submitted in support of the application (see Map 2 below). In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The intent of the Low Rise Residential Designation is to accommodate for a full range of low rise housing at a low intensity of use. The proposed variance continues to permit the future creation of lots for single detached dwellings as contemplated in the draft approved Plan of Subdivision. Based on the foregoing, staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of minimum lot width and lot area regulations of the R-3 Zone is to provide for wider lot singles. This zone was originally applied to these lands as part of comprehensive zoning for the subdivision, in consideration of the overall complement of dwellings required to create a variety of lot sizes and unit types, and directing larger, premium lots to a more exclusive cul-de-sac location. The proposed variance would allow lots having a width of 10.97 metres and a lot area of 339.5m2. Surrounding lands are developed with single detached dwellings on lots with R-4 zoning which permits a minimum lot width of 9.0 metres. Many of the lots have been developed with 9.144 metre lots with areas ranging from about 292m2 to 320m2. Staff is of the opinion that the proposed variances continue to provide for a compatible and appropriate mix of lot sizes through this community, therefore maintaining the general intent of the Zoning By-law. Is the Variance Appropriate The proposed variances are appropriate for the development and use of the lands. This is one of the final stages in this subdivision, which was originally draft approved in 2003. Since 2003, density targets have been introduced, and market preferences have adjusted so that land efficient building designs are generally more desirable. The requested variance will help to support a minor increase in the overall density of the subdivision and will help to provide a more affordable housing product by requiring less land. Staff is of the opinion that the proposed lot sizes are compatible with the existing and planned development in this subdivision. Is the Variance Minor Staff is of the opinion that the proposed variances are minor. The subject lands will continue to be developed with single detached dwellings. The plan of subdivision was originally approved with lot -less blocks and this stage was expected to achieve a range of 21-36 units. The proposed lotting pattern provides for 23 single detached dwellings fronting onto Valencia Court and the east side Valencia Avenue, which is in keeping with the overall number of units draft approved within this stage. Based on the foregoing, staff recommends that the proposed minor variance be approved. Ig IA FL—p-mr • 11UH1 t. y>E_ v {y_ I M1a :.L* i-4 Rartugua&e cub 1105 R u!W4w HIRAI v '. U ars I.. ava ha. liM IarF-y°*-rr la D7 Ia7r IG47 IMT I0� r vALENCLA COURT W.I - W Edi 1 -� rr I carr I I 10F7 I �4 1 I iasr 11aAr ' riffs I 21 I I �I R-4 I SEABROOK DF' M � f W 1613 I a II�rnW Ii1 DWI .g ,r. R-4 737 405R ShW.GW IU ZAI C L X -Al -L w /1TIMIM R KT�_I �IQl.SN4L Lh':lM •, Minor Variance SUBDIMSIDN APPLICAT10N Nc ,114+AHLDiNGS Nc Lift Kitchener FIX PARI Of = 15F, RW 1 RP a 151M GLC.T_ x a- -,� 7oI oede,a4evF ?,xE}ie"a lu 17 3 Map 2 — Proposed Lotting Plan 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: Engineering has no concerns with the subject application. RECOMMENDATION That application A2018-063 requesting permission for future residential lots located on lands shown as "Area 1" on the plan submitted with the application, and which are currently zoned R- 3, to have minimum lot widths of 10.97m rather than the required 13.7m, and a minimum lot area of 339.5m2 rather than 411 m2, be approved. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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 Reporti Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner — 519-741-2200 ext. 7668 WARD: 6 DATE OF REPORT: April 11, 2019 REPORT #: DSD -19-089 SUBJECT: Application No. B2019-011 Address: 75 Tillsley Drive Applicant: GSP Group Inc. (c/o Hugh Handy) Owner: The Governing Council of the Salvation Army in Canada Summarized Recommendation: Approve Subject to Conditions REPORT Planning Comments: Tl1e subject lands are bounded by Westmount Road to the west, Tillsley Drive to the north, Erinbrook Drive to the east, and are located in the Country Fulls West Planning Community- The lands immediately to the south, and on the opposite side of Rrinbrook Drive, contain a low rise residential subdivision. The Village of Winston Park long-termm care and retirement facility is located on the opposite side of Tinsley Drive. Lands on the opposite side of Westmount Road to the southwest contain low rise commercial development, while lands to the northwest contain low rise residential development_ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The Salvation Army Kitchener Community Church and associated parking are located on the northern portion of the subject lands, while the southern portion contains open space that is currently used for a community garden, community skating rink, and landscaped area. The subject lands are comparatively large for an urban lot at 2.6 hectares (6.5 acres) in area. The lands are designated Institutional on the Land Use map of City's Official Plan, and are designated Community Area on the Urban Structure map, The lands are presently zoned Community Institutional Zone (1-2), with Special Regulation Provision 222R and Special Use Provision 217U. Planning staff visited the property on February 15, 2019. In March 2019, the applicant requested consent to create a new lot for multiple residential development (i.e., a 3 -storey, 44 dwelling unit multiple dwelling) on the southern portion of the subject lands, as shown on the Sketch showing Proposed Severance provided with the application form. However, through the review of the application, Planning staff determined that the subject property is not 1 lot, but actually 2 blocks on a registered plan of subdivision: 1. Block 128, Registered Plan 1819 — vacant parcel used for community garden, community skating rink, and landscaped area 2. Block 129, Registered Plan 1819 — contains the existing church and associated parking Consequently, to accomplish the .applicant's intended purpose, consent for a lot addition is required, rather than consent to create a new lot (otherwise a redundant third parcel would be created between the parcel containing the church and the one proposed to be developed for multiple residential use). Accordingly, the applicant has amended the consent request, as shown on the attached Sketch showing Proposed Lot Addition, prepared by ACI Survey Consultants, dated April 11, 2019 (attached). The intent and purpose of the application remains the same, though technical request has been amended, as fellows: to sever a rectangular parcel of land with an approximate lot width of 19.0 metres, a depth of 140.1 metres, and an area of 2,651 square metres, from the parcel of land described as Block 128, Registered Plan 1819, and convey it to the parcel of land described as Block 129, Registered Plan 1819 (recipient parcel), as a lot addition. The vacant severed parcel would be added to the recipient parcel containing the church to form a resultant parcel with an approximate lot width of 86.6 metres, a depth of 140.0 metres, and an area of 1.61 hectares. The retained parcel proposed to be developed for multiple residential use would have an approximate lot width of 71.5 metres, a depth of 140.1 metres, and a lot area of 1.03 hectares. No minor ylaria nces :are required to facilitate the requested lot addition. In the future, in order to develop tl-;:.'2 proposed multiple residential use on the retained lands, the applicant would be required to submit and obtain approval of a site plan application. With respect to the criteria for the subdivision of land listed in Section 61 (24) of the Planning Act, R.S.O. 1990, c,P,13, the uses of than resultant parcels conform to the City's Official Pian per Section 24(4) of the Planning ,Act, the dimensions and shapes of the resultant parcels are appropriate and suitable for the existing and proposed uses, the resultant parcels front onto established public streets, and the resultant parcels will be serviced with independent, adequate municipal service connections. The requested consent for lot addition will allow the creation of a new lot for appropriate residential intensification and will ensure that the existing church continues to function effectively. Planning staff recommends approval conditions to require a revision to the approved Site Plan for the church on the recipient parcel, to reflect the lot addition; to require the severed parcel to merge with the recipient parcel; and to remove any 0.3 metre reserves from the frontage of the retained property. Based on the foregoing, Planning staff recommends that the subject application be approved, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. 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 construction of new building Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Services 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 Katie Pietrzak (519-741-2200 ext. 7135). Any new driveways are to be built to City of Kitchener standards. All work 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. Environmental Planning Comments: No natural heritage concerns. Heritage Comments: No heritage planning concerns. Operations Comments: No parkland dedication is required for this application since it was previously taken through the original subdivision process. Region of Waterloo Comments: To be provided under separate cover. Planning staff understands that the Region may require as approval conditions: 1) submission of an Archaeological Assessment report and acceptance letter from the Ministry, and 2) submission of an Environmental Noise Study and registration of an associated agreement. RECOMMENDATION That Consent Application B2019-011, requesting consent to sever a parcel of land with an approximate lot width of 19.0 metres, a depth of 140.1 metres, and an area of 2,651 square metres, from the parcel of land described as Block 128, Registered Plan 1819, and convey it to the parcel of land described as Block 129, Registered Plan 1819, as a lot addition, as shown on the Sketch showing Proposed Lot Addition, prepared by ACI Survey Consultants, dated April 11, 2019, be approved, subject to the following conditions: 1 _ That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the lands to be severed be added to the abutting lands described as Block 129, Registered Plan 1819, and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on the recipient parcel, to the satisfaction of the City's Manager of Site Development and Customer Service, or otherwise receive an exemption from this requirement from said Manager. This Site Plan Application shall involve, at minimum, the removal of the retained lands from the plan, but may include revisions to the building, parking, or loading, etc. related to the church. 6. That the shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands and, if necessary, also to the retained lands. 7. That the owner prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. S. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 9. That the owner make request of and obtain approval from the appropriate authority to remove any existing 0.3 metre reserves along the frontage of Erinbrook Drive from the retained lands. Andrew Pinnell, MCIP, RPP #i ne von Westerholt, MCIP, RPP Planner Senior Planner Attachment: Sketch showing Proposed Lot Addition, prepared by ACI Survey Consultants, dated April 11, 2019. Sketch sr I owing Proposed Lot Addition, prepared by ACI Survey Consultants, dated April 11, 2019 .•_ W REGIONAL ROAD ROAD N BL 0CK l (ALAN t58M-234 _ N13'44'W',V_ _ _ �9C.000— 3.1 ti'da'ti5-f Q o- -u m I' 3 C T rTl f .ell r LA 4 J . zri U t _f T aC 5 } -00h C oa �.f yrs ,�) n rnco 1 ! ul _ coIIl�,',f d . I- 8I II I Y(11 i n00-x��y jnz gCf4 03 'C2 rh6931a � a ERINBROOK DRI -`. --,2:Z.P. 177 )_ . 04, ERINB - — - - 1r.0eK) DRI VE H� D X ` m(-1 F,' :m co oto ; coo m f —� µ Y? O m y ° n —I�,� A 3 m � r!) ? N a c n m N Co O *4 n g .3 3 00 g 4 9 D J A �a A O rA h�it 4. r n N* Region of Waterloo File No. D20-20/19 KIT April 9, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005, 62019- 006 and B2019-011 to B2019-014 Committee of Adjustment Hearing April 16, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each 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. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2971876 Version: 1 B2019-011 75 Tillsley Drive The Governing Council of the Salvation Army in Canada The owner/applicant is proposing to sever the current property into two lots. The retained land would continue to be used for a religious institution while the severed lot would be developed for residential use. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property because of the proximity to Known Archaeological Resources (about 75m from the property line) , and its location within a landform associated with the habitation of early peoples on the land. o As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. o The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. o Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. The completed Archaeological Assessment and Ministry Clearance Letter will be required prior to final approval of the Consent Application. Corridor Planning: Access The subject property currently functions with vehicular access locations to both Tillsley Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road. Regional Staff advise that under future development applications, no vehicular access will be permitted to Westmount Road. Document Number: 2971876 Version: 1 Stormwater Management & Site Grading Regional Staff require a detailed stormwater management will as a condition at Site Plan approval. Staff will require an electronic copy of any stormwater management report/briefing, as requested by the City of Kitchener Engineering Staff, for review and approval as the revised stormwater management and grading for the site development may impact the Westmount Road right of way. The Region will also require an electronic copy of any civil engineering drawings required for the site. Transit Planning Regional Staff acknowledge that there are no transit requirements for the proposed application. However, the owners of severed and retained lots must be made aware that Grand River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and Erinbrook Drive. With the proposed ION launch GRT will be completing a transit network re -design to better align bus routes with ION rapid transit. For more information regarding the transit network re -design please see the Region's website httips://www.qrt.ca/en/about-qrt/new-directions.asipx In association with transit network re -design, transit stops immediately adjacent to and near -by the subject property will consolidated and re -located to provide enhanced service. This includes the closure of existing transit stops on Tillsley Drive, and re- locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may conflict with the proposed vehicular access from the townhouse development to Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the future transit facilities will integrate with the proposed development. Environmental Noise A detailed environmental noise study will be required to assess the impacts of road traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Document Number: 2971876 Version: 1 Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2) That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-012 53 Lichty Crescent Ray Kraishnik The owner/applicant is proposing a residential severance. 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. Document Number: 2971876 Version: 1 In discussions with the City of Kitchener during the pre -submission consultation (January, 2019) a Functional Servicing report is required to ensure the proposed development will be able to meet the required designed fire flows. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. B2019-013 118 Doon Valley Drive Owl Properties Incorporated The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from the larger land holding owned by Owl Properties Incorporated. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Regional staff has no objection to the application. *k11 pill El I 128 Mill Street Robert Broadfoot The owner/applicant is proposing a residential severance. The existing dwelling will be retained and a new dwelling (duplex) will be built on the new 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 Document Number: 2971876 Version: 1 Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by HGC (March 11, 2019) received with Consent application B2019-014. The study has identified that future rail traffic will exceed MECP guidelines due to the adjacent CN Railway Mainline. Regional Staff have identified these concerns and requested clarification from the acoustic consultant on April 4, 2019. The vibration study will be required to be circulated and reviewed by the appropriate railway authority (CN). Until the identified concerns are provided by the noise consultant; the study has been reviewed and approved by the appropriate railway authorities, and any conclusions are found acceptable to Regional Staff, Consent application B2019-014 cannot be supported. Upon acceptance of the rail noise/vibration study, the recommendations of the study will be required to be implemented through a registered agreement with the City of Kitchener for the severed and the retained lots. Regional Staff strongly recommend that the above Consent application be deferred until the noise and vibration feasibility study is completed to the satisfaction of the Region and the appropriate railway authority (CN). Regional staff cannot support the proposed consent 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, Matthew Colley Planner Document Number: 2971876 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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 Tel: 705-722-2264 Right of Way Fax: 705-722-2263 Floor 2, 140 Bayfield Street E-mail: charleyne.hall @ bell.ca Barrie, Ontario L4M 3131 April 10, 2019 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 E-mail Only: Holly Dyson — holly.dysonOkitchener.ca Subject: Application for Consent B2019-011 75 Tillsley Drive Kitchener Bell File: 519-19-191 Thank you for your correspondence. Subsequent to review by our local engineering department, Bell Canada has identified that we require protection for existing facilities. On the attached sketch, the blue line indicates the approximate location of active, critical infrastructure. Located on the property of 75 Tillsley, 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, 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 intention of the requested easement is 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. Sincerely, to Charleyne Hall Right of Way Associate TI LOLE +' r AJ i� x • Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: �J I�[7r R www.kitchener. ca Committee of Adjustment April 16th, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 1 April 8th, 2019 DSD -19-090 APPLICATION #: B2019-012 53 Lichty Crescent Applicant: Mike Stryker Approve with conditions Location Map: 53 Lichty Crescent REPORT Planning Comments: The subject property is zoned Residential Three Zone (R-3) in the Zoning By-law and designated Low Rise Residential in the City's 2014 Official Plan. The single detached dwelling on the property will be demolished and the applicant proposes to build two duplexes on the retained and severed lots. The existing neighbourhood consists of mainly single detached dwellings. Lot sizes are typically large in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots to in order to build a duplex dwelling on each lot. The severed lot would have a lot width of 23.11 metres, a depth of 52.04 metres, and an area of 836.5 square metres. The retained lot would have a lot width of 23.11 metres, a depth of 46.96 metres, and an area of 896.2 square metres. City Planning staff conducted a site inspection of the property on March 15th, 2019. 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 is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. 2 The proposed lots conform to the Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. No minor variances are sought for the proposed development on the retained or severed lots. Proposed lot fabrics Based on the foregoing, Planning staff recommends that Consent Application B2019-012, requesting consent to sever the subject property into two 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. 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 3 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 demolition of existing home, as well as construction of new buildings Heritage Comments: No heritage planning concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Funds for a future sidewalk along the entire frontage of the severed portion be provided to Engineering. 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 and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Katie Pietrzak (519-741-2200 ext. 7135). The storm sewer is required to be extended in order to achieve a positive outlet for the site at the owner's sole expense. A storm sewer design is required to the satisfaction of the Engineering Division. If for some reason this cannot be achieved, a suitable designed solution for a sump pump outlet will be required to the satisfaction of the Engineering Division. In accordance with Section 53 of the Ontario Water Resources Act, a certificate of approval for sewer works will be required by the Ministry of Environment for the extension of the municipal sewer to the satisfaction of the Director of Engineering. Any new driveways are to be built to City of Kitchener standards. All work 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 as a new development lot will be created. The cash -in -lieu dedication required is $10,634.74 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (23.119m) at a land value of $9,200 per frontage metre. RECOMMENDATION: That Application B2019-012 requesting consent to sever the subject property into two lots be approved, subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $10,634.74. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner 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 size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner 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. 5. That the Owner makes satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation along the frontage for the severed portion. 6. That the Owner extend the storm sewer or implement a suitable design solution for a sump pump outlet to the satisfaction of the City's Engineering Division. 7. 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. 8. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 5 10. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 11. That the Owner shall prepare a Tree Management Plan for both 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 demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 12. That the Owner obtains Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 13. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official. 14. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L N* Region of Waterloo File No. D20-20/19 KIT April 9, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005, 62019- 006 and B2019-011 to B2019-014 Committee of Adjustment Hearing April 16, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each 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. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2971876 Version: 1 B2019-011 75 Tillsley Drive The Governing Council of the Salvation Army in Canada The owner/applicant is proposing to sever the current property into two lots. The retained land would continue to be used for a religious institution while the severed lot would be developed for residential use. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property because of the proximity to Known Archaeological Resources (about 75m from the property line) , and its location within a landform associated with the habitation of early peoples on the land. o As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. o The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. o Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. The completed Archaeological Assessment and Ministry Clearance Letter will be required prior to final approval of the Consent Application. Corridor Planning: Access The subject property currently functions with vehicular access locations to both Tillsley Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road. Regional Staff advise that under future development applications, no vehicular access will be permitted to Westmount Road. Document Number: 2971876 Version: 1 Stormwater Management & Site Grading Regional Staff require a detailed stormwater management will as a condition at Site Plan approval. Staff will require an electronic copy of any stormwater management report/briefing, as requested by the City of Kitchener Engineering Staff, for review and approval as the revised stormwater management and grading for the site development may impact the Westmount Road right of way. The Region will also require an electronic copy of any civil engineering drawings required for the site. Transit Planning Regional Staff acknowledge that there are no transit requirements for the proposed application. However, the owners of severed and retained lots must be made aware that Grand River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and Erinbrook Drive. With the proposed ION launch GRT will be completing a transit network re -design to better align bus routes with ION rapid transit. For more information regarding the transit network re -design please see the Region's website httips://www.qrt.ca/en/about-qrt/new-directions.asipx In association with transit network re -design, transit stops immediately adjacent to and near -by the subject property will consolidated and re -located to provide enhanced service. This includes the closure of existing transit stops on Tillsley Drive, and re- locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may conflict with the proposed vehicular access from the townhouse development to Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the future transit facilities will integrate with the proposed development. Environmental Noise A detailed environmental noise study will be required to assess the impacts of road traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Document Number: 2971876 Version: 1 Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2) That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-012 53 Lichty Crescent Ray Kraishnik The owner/applicant is proposing a residential severance. 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. Document Number: 2971876 Version: 1 In discussions with the City of Kitchener during the pre -submission consultation (January, 2019) a Functional Servicing report is required to ensure the proposed development will be able to meet the required designed fire flows. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. B2019-013 118 Doon Valley Drive Owl Properties Incorporated The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from the larger land holding owned by Owl Properties Incorporated. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Regional staff has no objection to the application. *k11 pill El I 128 Mill Street Robert Broadfoot The owner/applicant is proposing a residential severance. The existing dwelling will be retained and a new dwelling (duplex) will be built on the new 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 Document Number: 2971876 Version: 1 Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by HGC (March 11, 2019) received with Consent application B2019-014. The study has identified that future rail traffic will exceed MECP guidelines due to the adjacent CN Railway Mainline. Regional Staff have identified these concerns and requested clarification from the acoustic consultant on April 4, 2019. The vibration study will be required to be circulated and reviewed by the appropriate railway authority (CN). Until the identified concerns are provided by the noise consultant; the study has been reviewed and approved by the appropriate railway authorities, and any conclusions are found acceptable to Regional Staff, Consent application B2019-014 cannot be supported. Upon acceptance of the rail noise/vibration study, the recommendations of the study will be required to be implemented through a registered agreement with the City of Kitchener for the severed and the retained lots. Regional Staff strongly recommend that the above Consent application be deferred until the noise and vibration feasibility study is completed to the satisfaction of the Region and the appropriate railway authority (CN). Regional staff cannot support the proposed consent 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, Matthew Colley Planner Document Number: 2971876 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: 08 April, 2019 11:52 AM To: Holly Dyson; eric.schnieder@kitchener.ca Subject: 519-19-192 - Consent Application B2019-012 - 53 Lichty Crescent Good morning Holly, Bell Canada has no concerns with Application for Consent B2019-012 regarding 53 Lichty Crescent. Thank you, Charleyne Hall External Liaison Bell Canada Right of Way P: 705-722-2264 F: 705-726-4600 1-888-646-4817 charleyne.hall(a)-bell.ca 140 Bayfield St. Floor 2 Barrie Ontario L4M 3B 1 Staff Report Development Services Department _x wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 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: April 8, 2019 REPORT NUMBER: DSD -19-091 SUBJECT: Application B2019-013 118 Doon Valley Drive Owner — Owl Properties Inc. Applicant — Kristen Barisdale, GSP Group Approve with Conditions Z 39 35 3d 66 O ! 6 ti626 24 239 34 491 42 3i TO ORCHARD MILL CR ed 78 84 98 3] E, i2 74 TT 49 45 41 45 AMHERST 4.78 81 51 ] 11 15 14 23 27 31 39 41 55 59 50 82 69. ]} TT 81 65 89 54 e6 z1i z 1. m � z15 n is 63 5i 164 69 6] 68 T1 � 39 162 3k .d MITI Green. 71 T9 T2 142 G 83 = 'T6 139 Q 126 898 122 es 96 1 p�JPa'1"�yO¢ � o 9z / 49 90 a 99 98 � 66 46 1D3 84 J � 119 /` V C� IO 42 �. 91 2 yg 1m � 3g V SB 111 Subject Properties: 118 Doon Valley Drive (Severed Lands, Dark Grey) & 69 Amherst (Retained Lands, Light Grey) Report: Over the past several years, Owl Properties Inc. had purchased multiple adjacent properties for the purpose of redevelopment. The Owner submitted an Official Plan Amendment and Zoning By-law Amendment applications for the retained lands. The lands municipally addressed at 118 Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca Doon Valley Drive are not required for future development plans and are proposed to be severed from the balance of the lands. The application proposes to sever a portion of 69 Amherst Drive that has 18.288 metres of frontage along Doon Valley Drive, a width of 10.429 at the proposed rear lot line, a lot depth of 37.849 and 46.340, and a lot area of 572 square metres. Essentially, the proposed severance will re-establish the lot that existed when the dwelling at 118 Doon Valley Drive was originally constructed. A site inspection as conducted on March 22, 2019. Existing Dwelling at 118 Doon Valley Drive Planning Comments: The subject lands are designed as Low Rise Residential in the Official Plan. The City encourages and supports the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. The subject lands are also subject to Specific Policy Area 16 (Lower Doon) which prohibits duplex dwellings and second dwelling units in semi-detached dwellings. The subject property is zoned as Residential Three (R-3) with Special Use Provision 319U in the Zoning By-law 85-1. The Residential Three (R-3) zone permits a variety of low density housing and Special Use Provision 319U prohibits duplex dwellings and second dwelling units in semi-detached dwellings. 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 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 Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 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 B2019-013 requesting consent to sever the subject property 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. Funds for a future sidewalk along the entire severed portion frontage be provided to Engineering. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering has no concerns since the dwelling is remaining are no servicing changes are being undertaken. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel. The cash -in -lieu dedication required is $8,408.80 Park Dedication is calculated at 5% of the severed lot only, with a land valuation calculated by the lineal frontage (18.28m) at a land value of $9,200 per frontage meter. Environmental Planning Comments: The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment of the retained lands. Bell Canada Comments: Bell Canada has no concerns with Application for Consent B2019-013 regarding 188 Doon Valley Drive. RECOMMENDATION: That Application B2019-013 proposing to sever a portion of 69 Amherst Drive that has 18.288 metres of frontage along Doon Valley Drive, a width of 10.429 at the proposed rear lot line, a lot depth of 37.849 and 46.340, and a lot area of 572 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. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for a future sidewalk along the entire frontage (18.28m) of the severed portion. 4. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $8,408.80. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner N* Region of Waterloo File No. D20-20/19 KIT April 9, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005, 62019- 006 and B2019-011 to B2019-014 Committee of Adjustment Hearing April 16, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each 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. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2971876 Version: 1 B2019-011 75 Tillsley Drive The Governing Council of the Salvation Army in Canada The owner/applicant is proposing to sever the current property into two lots. The retained land would continue to be used for a religious institution while the severed lot would be developed for residential use. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property because of the proximity to Known Archaeological Resources (about 75m from the property line) , and its location within a landform associated with the habitation of early peoples on the land. o As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. o The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. o Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. The completed Archaeological Assessment and Ministry Clearance Letter will be required prior to final approval of the Consent Application. Corridor Planning: Access The subject property currently functions with vehicular access locations to both Tillsley Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road. Regional Staff advise that under future development applications, no vehicular access will be permitted to Westmount Road. Document Number: 2971876 Version: 1 Stormwater Management & Site Grading Regional Staff require a detailed stormwater management will as a condition at Site Plan approval. Staff will require an electronic copy of any stormwater management report/briefing, as requested by the City of Kitchener Engineering Staff, for review and approval as the revised stormwater management and grading for the site development may impact the Westmount Road right of way. The Region will also require an electronic copy of any civil engineering drawings required for the site. Transit Planning Regional Staff acknowledge that there are no transit requirements for the proposed application. However, the owners of severed and retained lots must be made aware that Grand River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and Erinbrook Drive. With the proposed ION launch GRT will be completing a transit network re -design to better align bus routes with ION rapid transit. For more information regarding the transit network re -design please see the Region's website httips://www.qrt.ca/en/about-qrt/new-directions.asipx In association with transit network re -design, transit stops immediately adjacent to and near -by the subject property will consolidated and re -located to provide enhanced service. This includes the closure of existing transit stops on Tillsley Drive, and re- locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may conflict with the proposed vehicular access from the townhouse development to Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the future transit facilities will integrate with the proposed development. Environmental Noise A detailed environmental noise study will be required to assess the impacts of road traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Document Number: 2971876 Version: 1 Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2) That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-012 53 Lichty Crescent Ray Kraishnik The owner/applicant is proposing a residential severance. 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. Document Number: 2971876 Version: 1 In discussions with the City of Kitchener during the pre -submission consultation (January, 2019) a Functional Servicing report is required to ensure the proposed development will be able to meet the required designed fire flows. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. B2019-013 118 Doon Valley Drive Owl Properties Incorporated The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from the larger land holding owned by Owl Properties Incorporated. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Regional staff has no objection to the application. *k11 pill El I 128 Mill Street Robert Broadfoot The owner/applicant is proposing a residential severance. The existing dwelling will be retained and a new dwelling (duplex) will be built on the new 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 Document Number: 2971876 Version: 1 Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by HGC (March 11, 2019) received with Consent application B2019-014. The study has identified that future rail traffic will exceed MECP guidelines due to the adjacent CN Railway Mainline. Regional Staff have identified these concerns and requested clarification from the acoustic consultant on April 4, 2019. The vibration study will be required to be circulated and reviewed by the appropriate railway authority (CN). Until the identified concerns are provided by the noise consultant; the study has been reviewed and approved by the appropriate railway authorities, and any conclusions are found acceptable to Regional Staff, Consent application B2019-014 cannot be supported. Upon acceptance of the rail noise/vibration study, the recommendations of the study will be required to be implemented through a registered agreement with the City of Kitchener for the severed and the retained lots. Regional Staff strongly recommend that the above Consent application be deferred until the noise and vibration feasibility study is completed to the satisfaction of the Region and the appropriate railway authority (CN). Regional staff cannot support the proposed consent 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, Matthew Colley Planner Document Number: 2971876 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: 05 April, 2019 9:16 AM To: Holly Dyson; garrett.stevenson@kitchener.ca Subject: 519-19-193 - Consent Application B2019-013 - 118 Doon Valley Drive Good morning, Bell Canada has no concerns with Application for Consent B2019-013 regarding 188 Doon Valley Drive. Thank you, Charleyne Hall External Liaison Bell Canada Right of Way P: 705-722-2264 F: 705-726-4600 1-888-646-4817 charleyne.hall(a)-bell.ca 140 Bayfield St. Floor 2 Barrie Ontario L4M 3B 1 Staff Repod KN':t F.\FR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Planner— 519-741-2200 ext. 7668 WARD: 9 DATE OF REPORT: April 9, 2019 REPORT #: DSD-19-078 SUBJECT: Application Nos.: B2019-005, B2019-006, A2019-027, and A2019-028 Address: 151 Wentworth Avenue Applicant: Jake Benjamins Owner: Benjamins Real Estate Holdings Inc. Summarized Recommendation: Approve Consent Applications Subject to Conditions; Approve Minor Variance Applications without Conditions REPORT Planning Comments: The subject property is located near the terminus of Wentworth Avenue, in the Mill Courtland Woodside Park planning community. The property contains a duplex dwelling that was originally constructed as a single detached dwelling in approximately 1932. The property possesses a large, undeveloped southeasterly side yard. A detached garage is located in the rear yard. The surrounding neighbourhood is composed of mainly low density residential land uses, although there is a nearby 5 -storey apartment *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. building. The lands immediately to the rear of the subject property are owned by the City and are used as a lawn bowling club. The subject property is designated Low Rise Conservation in the Mill Courtland Woodside Park Secondary Plan and is zoned Residential Five (R-5) in the Zoning By-law. Planning staff visited the property on January 30, 2019. In February 2019 the applicant requested consent to create a lot for a new duplex dwelling by severing the large, undeveloped southeasterly side yard. The retained lands would contain the existing duplex. Consent was also requested for each resultant lot, to create shared driveway easements to allow both the existing and new duplex to use a single driveway located between the two buildings. The shared driveway would lead from Wentworth Avenue to the rear yard parking area. Two parking spaces would be provided at the rear of each dwelling. At the request of the applicant, the consent applications were deferred by the Committee on February 19, 2019, in order to provide the applicant sufficient time to prepare and submit minor variance applications that were identified as being necessary to facilitate the consent applications (see Report # DSD -19-039). These variances are needed to deal with reduced side yard setbacks for each duplex dwelling on the shared driveway side, and a reduced front yard setback for the existing front porch attached to the existing duplex dwelling. Requested Relief and Consent: The applicant has now submitted the above mentioned minor variance applications. The proposal for the subject property now involves 4 Committee of Adjustment applications: Consent Application B2019-005 requesting to create: a. A new lot (i.e., Severed Lot / Lot B) with an approximate width of 9.1 metres, depth of 27.1 metres, and area of 248.6 square metres. The Retained Lot (i.e., Lot A) would possess an approximate width of 11.6 metres, depth of 27.7 metres, and area of 277.0 square metres, and b. An easement for access and a shared driveway over the Severed Lot / Lot B in favour of the Retained Lot/ Lot A. 2. Consent Application B2019-006 requesting to create an easement for access and a shared driveway over the Retained Lot / Lot A in favour of the Severed Lot / Lot B. 3. Minor Variance Application A2019-027, related to the Retained Lot / Lot A, requesting relief from: a. Section 39.2.1 of the Zoning By-law to allow an existing duplex dwelling on the Retained Lot / Lot A to have a minimum side yard of 1.89 metres on the side where a driveway leading to a required parking space is situated between the main building and the side lot line, whereas the By-law requires 3.0 metres, and b. Section 5.6A.4d) and 39.2.1 of the Zoning By-law to allow an existing 1 -storey porch attached to a duplex dwelling (covered, unenclosed, and exceeding 0.6 metres in height) to have a minimum front yard of 2.98 metres, whereas the By-law requires 4.5 metres. 4. Minor Variance Application A2019-028, related to the Severed Lot / Lot B, requesting relief from Section 39.2.1 of the Zoning By-law to allow a proposed duplex dwelling on the Severed Lot / Lot B to have a minimum side yard of 1.39 metres on the side where a driveway leading to a required parking space is situated between the main building and the side lot line, whereas the By-law requires 3.0 metres. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent and Purpose of Official Plan Test All requested variances meet the general intent and purpose of the Official Plan for the following reasons. Policy 13.4.3.1 of the Mill Courtland Woodside Park Secondary Plan states: The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home day care. The requested variances would allow the retention of the existing low rise, low density duplex dwelling (i.e., containing a total of two dwelling units) on the retained lands and allow the severed lands to be redeveloped with a duplex dwelling. The variances meet the general intent of the Official Plan. General Intent and Purpose of Zoning By-law Test Requested Variances for Minimum Side Yard Relief (3a and 4, above): In general, the 3.0 metre minimum side yard requirement is intended to ensure that, for a lot that has a driveway located between the dwelling and the side lot line, the driveway and buffer are wide enough to safely and functionally accommodate the passage of a vehicle from the street to the required parking space. However, in the subject case, a shared driveway is proposed between the existing duplex dwelling and proposed duplex dwelling. The distance between the dwellings is greater than 3.0 metres and the minimum width of the shared driveway itself is 2.9 metres. The 3.0 metre minimum side yard requirement is redundant because only one driveway is proposed for the two dwellings and it is sufficiently wide to safely and functionally accommodate the passage of a vehicle from the street to the required parking space. Planning staff is of the opinion that the side yard variances meet the general intent of the Zoning By-law. Requested Variance for Minimum Front Yard Relief (3b, above): Section 5.6A.4a) of the Zoning By-law requires a covered, unenclosed porch attached to a duplex dwelling to be set back a minimum of only 3.0 metres from the front lot line, as long as it does not exceed 0.6 metres in height above finished grade level. In this case, the covered, unenclosed porch attached to the existing duplex dwelling is set back 2.98 metres (i.e., 3.0 metres rounded to one decimal); however, the height of the deck slightly exceeds 0.6 metres in height. As a result, the porch must comply with the setback requirements for a duplex dwelling (i.e., 4.5 metres). Planning staff suggests that, in this case, the height of the deck is inconsequential; it is the height and massing of the roof of the porch that is important, not the height of the deck. The existing porch is only one storey in height, is set back sufficiently from the street for safety purposes, and is consistent with the neighbourhood streetscape. The porch was likely constructed at the same time as the dwelling to which it is attached (i.e., early 1930s) and has presumably existed since that time, without issue. Transportation Services has confirmed that no further road widenings are contemplated on Wentworth Avenue. Planning staff is of the opinion that the front yard variance meets the general intent of the Zoning By-law. "Minor" Test All requested variances are minor because they do not cause unacceptably adverse impacts on adjacent properties. Adequate distance will be provided between the proposed and existing duplexes and between the existing porch and the front lot line, as outlined above. Transportation Services has stated that it does not have any concerns with any of the requested variances. Desirability for Appropriate Development or Use Test The variances for side yard relief will facilitate the construction of a shared driveway. In many ways, the provision of one shared driveway is better than two individual driveways. The duplexes will generate an insignificant amount of traffic, so one driveway is adequate to service the two properties. Furthermore, having only one driveway will reduce the amount of impervious asphalt and increase the potential for additional landscaping in the front yard. Also, with respect to streetscape aesthetics, vehicles will be directed to the rear yard parking area thereby reducing the likelihood of parking in the front yard. The variance for front yard relief will allow an attractive front porch, which was likely constructed in the early 1930s, to be legalized. Moreover, the three requested variances will facilitate the appropriate creation of a lot for redevelopment via consent. The variances are desirable for the appropriate development of the land. Consent Considerations With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the proposed consent request is not premature and is in the public interest. The proposal conforms to the City's Official Plan. The proposed lots front onto an established public street with adequate municipal services. The dimensions and shapes of the proposed lots are suitable for the purposes for which they are to be subdivided. Adequate schools are located in the vicinity of the subject lands. On this basis, Planning staff recommends that all of the above referenced applications be approved, subject to the conditions outlined in the Recommendation section of this report. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Building Comments: Consent 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 construction for the new duplex dwelling. 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 Minor Variance Comments for Severed Lot/ Lot 8 (A2019-028): The Building Division has no objections to the proposed variance provided a building permit for the duplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Minor Variance Comments for Retained Lot /Lot A (A2019-027): The Building Division has no objections to the proposed variance. Transportation Services Comments: Consent and Minor Variance Comments: Transportation Services has no concerns with the proposed applications. Engineering Comments: Consent 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 and water municipal services are currently available to service this property. Storm sewer currently terminates near West Lansdowne and may be required to be extended for this development if alternate sump pump discharge can't be accommodated on site. Any further enquiries in this regard should be directed to Eric Riek (519- 741-2200 ext. 7330). • 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: Consent Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as new development lot will be created. The cash -in -lieu dedication required is $4,203.02 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.137m) at a land value of $9,200 per frontage meter. Regional Municipality of Waterloo Comments: Consent Comments: The owner/applicant will be required to submit the approval of the proposed consent. Regional consent review fee ($350.00) prior to final Regional staff has no objection to the application, subject to the following condition of approval: • That prior to final approval, the applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. RECOMMENDATION 1. That Consent Application B2019-005, requesting consent: a. To create a new lot with an approximate width of 9.1 metres, depth of 27.1 metres, and area of 248.6 square metres, and b. To create an easement for access and a shared driveway over the severed lot in favour of the retained lot, be approved, subject to the following conditions: 1) That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2) That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3) That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal to 5% of the value of the lands to be severed. 4) That the severed lot and access / shared driveway easement be in general accordance with the "Site Plan" drawing submitted with Minor Variance Application A2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019, to the satisfaction of the City's Director of Planning. 5) That B2019-006 receive final approval. 6) That Minor Variance Applications A2019-027 and A2019-028 receive final approval. 7) That the existing detached garage in the rear yard be demolished or removed from the property, with the applicable Building Permits as necessary, to the satisfaction of the City's Chief Building Official. 8) That the owner shall fulfill the following conditions related to the creation of a access / shared driveway easement over the severed lot in favour of the retained lot: a. That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following, and shall be approved by the City Solicitor, in consultation with the City's Director of Planning and Director of Engineering Services: i. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and ii. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 9) That the owner shall retain a qualified designer and complete a building code assessment as it relates to the proposed property line, to the satisfaction of the City's Chief Building Official. The assessment shall address, for example, spatial separation of the wall face of the existing building, and the possibility of closing building openings. 10) That the owner apply for and obtain a building permit for any remedial work / upgrades required by the building code assessment, to the satisfaction of the City's Chief Building Official. 11)That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections to the severed lands. This may include the extension of a storm sewer at the discretion of the City's Engineering Services. 12) 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 and retained lands, or otherwise receive relief from Engineering Services for this requirement. 13) That the owner prepare a servicing plan showing outlets to the municipal servicing system to the satisfaction of Engineering Services, prior to endorsement of the deed for the severed lands. 14) That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 15) That the applicant submit payment for the Consent Application Review Fee of $350.00, to the satisfaction of the Regional Municipality of Waterloo. 2. That Consent Application B2019-006, requesting consent to create an easement for a shared driveway over the retained lot in favour of the severed lot, be approved, subject to the following conditions: 1) That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2) That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3) That the access / shared driveway easement be in general accordance with the "Site Plan" drawing submitted with Minor Variance Application A2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019, to the satisfaction of the City's Director of Planning. 4) That B2019-005 receive final approval. 5) That Minor Variance Applications A2019-027 and A2019-028 receive final approval. 6) That the existing detached garage in the rear yard be demolished or removed from the property, to the satisfaction of the City's Chief Building Official. 7) That the owner shall fulfill the following conditions related to the creation of a access / shared driveway easement over the retained lot in favour of the severed lot: a. That the Transfer Easement document(s) required to create the Easement being approved herein shall include the following, and shall be approved by the City Solicitor, in consultation with the City's Director of Planning and Director of Engineering Services: L a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and ii. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City b. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 3. That Minor Variance Application A2019-027, related to the retained lot, requesting relief from: a. Section 39.2.1 of the Zoning By-law to allow an existing duplex dwelling on the retained lot have a minimum side yard of 1.89 metres on the side where a driveway leading to a required parking space is situated between the main building and the side lot line, whereas the By-law requires 3.0 metres, and b. Section 5.6A.4d) and 39.2.1 of the Zoning By-law to allow an existing, 1 -storey porch attached to a duplex dwelling (covered, unenclosed, and exceeding 0.6 metres in height) to have a minimum front yard of 2.98 metres, whereas the By-law requires 4.5 metres, be approved without conditions. 4. That Minor Variance Application A2019-028, related to the severed lot, requesting relief from Section 39.2.1 of the Zoning By-law to allow a proposed duplex dwelling on the severed lot to have a minimum side yard of 1.39 metres on the side where a driveway leading to a required parking space is situated between the main building and the side lot line, whereas the By-law requires 3.0 metres, be approved without conditions. Andrew Pinnell, BES, MCIP, RPP Planner Attachment- Juliane von Westerholt, BES, MCIP, RPP Senior Planner • Site Plan drawing submitted with the Minor Variance Application A2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019. Site Plan drawing submitted with the Minor Variance Application A2019-028, prepared by Gerrard's Design & Drafting Inc., dated March 8, 2019 pesegn & m 1` q ' Gerrerd`s Design and Vraiiing Inc. M. I 8 UP 14 (M.6.. NDB 2110Fnap a� ct $18.970 n061 F- 6 1 p.S70 4672 .. rn 0 ss m m WENT WORTH AVENUE sa.s4ry � H sraaM g a PRAPIKE<I NEW M QL'II FAMILY RE 51 DEN IiAL SUILUING f }:�IyEMWIi]Hi H�VEM41E TCnf�Ek, O++IM4 pesegn & Gerrerd`s Design and Vraiiing Inc. 1 1 I 7 cn d.W U—M. eaarnr..m (M.6.. NDB 2110Fnap $18.970 n061 F- 6 1 p.S70 4672 N* Region of Waterloo File No. D20-20/19 KIT April 9, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005, 62019- 006 and B2019-011 to B2019-014 Committee of Adjustment Hearing April 16, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each 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. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2971876 Version: 1 B2019-011 75 Tillsley Drive The Governing Council of the Salvation Army in Canada The owner/applicant is proposing to sever the current property into two lots. The retained land would continue to be used for a religious institution while the severed lot would be developed for residential use. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property because of the proximity to Known Archaeological Resources (about 75m from the property line) , and its location within a landform associated with the habitation of early peoples on the land. o As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. o The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. o Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. The completed Archaeological Assessment and Ministry Clearance Letter will be required prior to final approval of the Consent Application. Corridor Planning: Access The subject property currently functions with vehicular access locations to both Tillsley Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road. Regional Staff advise that under future development applications, no vehicular access will be permitted to Westmount Road. Document Number: 2971876 Version: 1 Stormwater Management & Site Grading Regional Staff require a detailed stormwater management will as a condition at Site Plan approval. Staff will require an electronic copy of any stormwater management report/briefing, as requested by the City of Kitchener Engineering Staff, for review and approval as the revised stormwater management and grading for the site development may impact the Westmount Road right of way. The Region will also require an electronic copy of any civil engineering drawings required for the site. Transit Planning Regional Staff acknowledge that there are no transit requirements for the proposed application. However, the owners of severed and retained lots must be made aware that Grand River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and Erinbrook Drive. With the proposed ION launch GRT will be completing a transit network re -design to better align bus routes with ION rapid transit. For more information regarding the transit network re -design please see the Region's website httips://www.qrt.ca/en/about-qrt/new-directions.asipx In association with transit network re -design, transit stops immediately adjacent to and near -by the subject property will consolidated and re -located to provide enhanced service. This includes the closure of existing transit stops on Tillsley Drive, and re- locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may conflict with the proposed vehicular access from the townhouse development to Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the future transit facilities will integrate with the proposed development. Environmental Noise A detailed environmental noise study will be required to assess the impacts of road traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Document Number: 2971876 Version: 1 Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2) That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-012 53 Lichty Crescent Ray Kraishnik The owner/applicant is proposing a residential severance. 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. Document Number: 2971876 Version: 1 In discussions with the City of Kitchener during the pre -submission consultation (January, 2019) a Functional Servicing report is required to ensure the proposed development will be able to meet the required designed fire flows. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. B2019-013 118 Doon Valley Drive Owl Properties Incorporated The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from the larger land holding owned by Owl Properties Incorporated. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Regional staff has no objection to the application. *k11 pill El I 128 Mill Street Robert Broadfoot The owner/applicant is proposing a residential severance. The existing dwelling will be retained and a new dwelling (duplex) will be built on the new 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 Document Number: 2971876 Version: 1 Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by HGC (March 11, 2019) received with Consent application B2019-014. The study has identified that future rail traffic will exceed MECP guidelines due to the adjacent CN Railway Mainline. Regional Staff have identified these concerns and requested clarification from the acoustic consultant on April 4, 2019. The vibration study will be required to be circulated and reviewed by the appropriate railway authority (CN). Until the identified concerns are provided by the noise consultant; the study has been reviewed and approved by the appropriate railway authorities, and any conclusions are found acceptable to Regional Staff, Consent application B2019-014 cannot be supported. Upon acceptance of the rail noise/vibration study, the recommendations of the study will be required to be implemented through a registered agreement with the City of Kitchener for the severed and the retained lots. Regional Staff strongly recommend that the above Consent application be deferred until the noise and vibration feasibility study is completed to the satisfaction of the Region and the appropriate railway authority (CN). Regional staff cannot support the proposed consent 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, Matthew Colley Planner Document Number: 2971876 Version: 1 Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: 04 February, 2019 11:15 AM To: Holly Dyson Subject: 519-19-118 - Consent Application B2019-005 - 151 Wentworth Avenue Good morning Holly, Bell Canada has no concerns with Application for Consent B2019-005 regarding 151 Wentworth Avenue. Thank you, Charleyne Hall External Liaison Bell Canada Right of Way P: 705-722-2264 F: 705-726-4600 1-888-646-4817 charleyne.hall(a)-bell.ca 140 Bayfield St. Floor 2 Barrie Ontario L4M 3B 1 Staff Report -x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: April 5, 2019 REPORT NUMBER: DSD -19-092 SUBJECT: Applications B2019-014 & A2019-038 128 Mill Street Owner/Applicant — Robert Broadfoot and Rachel Molnar Defer \3T 65 112 \36 II 167 116 34 11i 33 111 d t � 122 115 12d 0 119 Hl ghlinh Courts Park 152 123 147' X156 149'f\' '169 127 191\ 131Z` 1fi4 12D 155 a 168 /135 165 169 1, �N �. Al O.{1'k- .. 1 T5 "P�y 188 / 119. 9G .'186 187 98 /J19'I ,x, 2]6 \/$y S.PF.DlI`IA RD E / 111 tts?l Y96.' r 189 — 184 177 J 1' ra4 193 Gm Pal Hall 1i1 112T5 CZ' 19T 1i3 F� 261 187 191 St) zoo 93 149 2D4 / M1c&W9pri6fC1'_aen[ 226 267 2 /\ 222 A pal 229 P*N 256 /..M/ 235 311315 2T1 1821 5t A 1]- 168 Subject Property: 128 Mill Street Report: The owner is proposing to sever the subject lands to create a new "flag shape" lot behind the existing dwelling. The existing residential dwelling at 128 Mill Street is proposed to remain. The proposed lot requires a minor variance to permit a reduced lot width, as the lot width is measured where the proposed lot is most narrow. The proposed lot is wider at the rear, resembling a "flag" or "P" shape. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca The existing property has a lot width of 18.23 metres. Severance application B2019-014 proposes to sever a portion of 128 Mill Street that is 5.14 metres wide at the street and 14.68 metres wide at the rear, with a lot depth of 47.94 and 34.61 metres, and a lot area of 678.3 square metres. The retained lands have an area of 337.9 square metres. Minor Variance Application A2019-038 is requesting a reduced lot width at the street of 5.14 metres whereas 9.0 metres is required. The irregular shaped lot is proposed in order to retain the existing dwelling and streetscape while permitting some new residential intensification. A site inspection was conducted on March 26, 2019. Existing Dwelling at 128 Mill Street At this time, Planning Staff have not received final comments from the Region of Waterloo or Canadian National Rail and are recommending that the applications be deferred to the May 21, 2019 Committee of Adjustment meeting to allow both commenting agencies the opportunity to formally review the Noise and Vibration Study submitted with the application. Staff Report Development Services Department RECOMMENDATION: K"'""' NFR wwwki tchenr. ca 1. That Application B2019-014 proposing to sever a portion of 128 Mill Street that is 5.14 metres wide at the street and 14.68 metres wide at the rear, with a lot depth of 47.94 and 34.61 metres, and a lot area of 678.3 square metres, be deferred to the "Unfinished Business" agenda of the May 21, 2019 Committee of Adjustment meeting. 2. That Minor Variance Application A2019-038 requesting a reduced lot width at the street of 5.14 metres whereas 9.0 metres is required, be deferred to the "Unfinished Business" agenda of the May 21, 2019 Committee of Adjustment meeting. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner N* Region of Waterloo File No. D20-20/19 KIT April 9, 2019 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterl oo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Application B2019-005, 62019- 006 and B2019-011 to B2019-014 Committee of Adjustment Hearing April 16, 2019 CITY OF KITCHENER B2019-005 and B2019-006 151 Wentworth Avenue Mark and John Benjamins The owner/applicant is proposing a severance to create a new residential lot. An easement is required on the severed lands to provide shared driveway access for each 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. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. Document Number: 2971876 Version: 1 B2019-011 75 Tillsley Drive The Governing Council of the Salvation Army in Canada The owner/applicant is proposing to sever the current property into two lots. The retained land would continue to be used for a religious institution while the severed lot would be developed for residential use. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Archaeological Assessment: Regional Staff require the completion of an Archeological Assessment for the proposed severed property because of the proximity to Known Archaeological Resources (about 75m from the property line) , and its location within a landform associated with the habitation of early peoples on the land. o As per Regional Official Plan policy 3.G.9, the applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the entire severed property, and that any adverse impacts to significant archaeological resources found shall be mitigated, through preservation of the resource and/or removal and documentation, at the expense of the owner. o The applicant must submit the Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the Ministry's acceptance letter and the Assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. o Regional Staff request that if a Stage 3 is recommended by the licensed Archaeologist, that the Region of Waterloo be circulated the Stage 1 and 2 Assessments and be consulted prior to beginning the Stage 3 Assessment. The completed Archaeological Assessment and Ministry Clearance Letter will be required prior to final approval of the Consent Application. Corridor Planning: Access The subject property currently functions with vehicular access locations to both Tillsley Drive and Erinbrook Drive; there is no direct vehicular access to Westmount Road. Regional Staff advise that under future development applications, no vehicular access will be permitted to Westmount Road. Document Number: 2971876 Version: 1 Stormwater Management & Site Grading Regional Staff require a detailed stormwater management will as a condition at Site Plan approval. Staff will require an electronic copy of any stormwater management report/briefing, as requested by the City of Kitchener Engineering Staff, for review and approval as the revised stormwater management and grading for the site development may impact the Westmount Road right of way. The Region will also require an electronic copy of any civil engineering drawings required for the site. Transit Planning Regional Staff acknowledge that there are no transit requirements for the proposed application. However, the owners of severed and retained lots must be made aware that Grand River Transit (GRT) currently operates Route 22 along sections of Tillsley Drive and Erinbrook Drive. With the proposed ION launch GRT will be completing a transit network re -design to better align bus routes with ION rapid transit. For more information regarding the transit network re -design please see the Region's website httips://www.qrt.ca/en/about-qrt/new-directions.asipx In association with transit network re -design, transit stops immediately adjacent to and near -by the subject property will consolidated and re -located to provide enhanced service. This includes the closure of existing transit stops on Tillsley Drive, and re- locating them to Erinbrook Drive. The future transit stop location on Erinbrook Drive may conflict with the proposed vehicular access from the townhouse development to Erinbrook Drive. Regional staff will work with the owner/applicant to ensure that the future transit facilities will integrate with the proposed development. Environmental Noise A detailed environmental noise study will be required to assess the impacts of road traffic from Westmount Road and Erinbrook Drive, and any potential stationary noise sources in the vicinity. The recommendations of the detailed noise study will be required to be implemented as a Regional condition through a registered agreement with the Region of Waterloo. Condition(s) must be secured accordingly. It is the responsibility of the owner/applicant to ensure the development is not adversely affected by anticipated transportation and/or stationary noise impacts. In this regard the applicant should prepare an Environmental Noise Study. The noise study must be prepared in accordance with MOE NPC -300 Guideline. The noise consultant must be pre -approved by the Region of Waterloo. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Study Declaration and Owner/Authorized Agent Statement along with three copies of the Environmental Noise Study to the Region of Waterloo. Document Number: 2971876 Version: 1 Please note that the Region of Waterloo charges $250 for the preparation of traffic forecasts and review of Environmental Noise Study. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Fee Form and must request forecasted traffic data for the appropriate Regional roadways. The form can be found at: https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-StandardsINoise- Assessment-Application--Fee-Form. pdf As indicated on the form, traffic forecasts for noise assessments will be prepared within 15 business days of the data of the request, but will be withheld if payment has not been received. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval the owner/applicant submit an Archaeological assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 2) That prior to final approval the owner/applicant submit an Environmental Noise Study to the satisfaction of the Region, and if necessary, based on the recommendations of the study enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. B2019-012 53 Lichty Crescent Ray Kraishnik The owner/applicant is proposing a residential severance. 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. Document Number: 2971876 Version: 1 In discussions with the City of Kitchener during the pre -submission consultation (January, 2019) a Functional Servicing report is required to ensure the proposed development will be able to meet the required designed fire flows. Regional staff has no objection to the application, subject to the following conditions of approval: 1) That prior to final approval, the owner/applicant submit payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the owner/applicant submit a Functional Servicing Report to the satisfaction of the Region. B2019-013 118 Doon Valley Drive Owl Properties Incorporated The owner/applicant is proposing to sever the property at 118 Doon Valley Drive from the larger land holding owned by Owl Properties Incorporated. Community Planning: Regional Fee Regional Staff acknowledge receipt of the required consent review fee. Regional staff has no objection to the application. *k11 pill El I 128 Mill Street Robert Broadfoot The owner/applicant is proposing a residential severance. The existing dwelling will be retained and a new dwelling (duplex) will be built on the new 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 Document Number: 2971876 Version: 1 Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2019. Environmental Noise: Regional Staff have reviewed the Rail Noise and Vibration Feasibility study prepared by HGC (March 11, 2019) received with Consent application B2019-014. The study has identified that future rail traffic will exceed MECP guidelines due to the adjacent CN Railway Mainline. Regional Staff have identified these concerns and requested clarification from the acoustic consultant on April 4, 2019. The vibration study will be required to be circulated and reviewed by the appropriate railway authority (CN). Until the identified concerns are provided by the noise consultant; the study has been reviewed and approved by the appropriate railway authorities, and any conclusions are found acceptable to Regional Staff, Consent application B2019-014 cannot be supported. Upon acceptance of the rail noise/vibration study, the recommendations of the study will be required to be implemented through a registered agreement with the City of Kitchener for the severed and the retained lots. Regional Staff strongly recommend that the above Consent application be deferred until the noise and vibration feasibility study is completed to the satisfaction of the Region and the appropriate railway authority (CN). Regional staff cannot support the proposed consent 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, Matthew Colley Planner Document Number: 2971876 Version: 1 Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, 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. Holly Dyson From: Hall, Charleyne <charleyne.hall@bell.ca> Sent: 08 April, 2019 11:48 AM To: Holly Dyson; Garett Stevenson Subject: 519-19-194 - Consent Application B2019-014 - 128 Mill Street Good morning Holly, Bell Canada has no concerns with Application for Consent B2019-014 regarding 128 Mill Street. Thank you, Charleyne Hall External Liaison Bell Canada Right of Way P: 705-722-2264 F: 705-726-4600 1-888-646-4817 charleyne.hall(a)-bell.ca 140 Bayfield St. Floor 2 Barrie Ontario L4M 3B 1