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HomeMy WebLinkAboutCA Agenda - 2019-05-21COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA May 21, 2019 - 10:00 a.m. COMBINED APPLICATIONS: 1. Submission Nos.: B 2019-014 & A 2019-038 Applicant: Robert Ryan Broadfoot & Rachel Molnar Property Location: 128 Mill Street Legal Description: Lot 315, Subdivision of Lot 17, German Company Tract 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. 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, May 21, 2019, commencing at 10:00 a.m. in the Council Chamber, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE — CHAPTERS 680 (SIGNS) & 630 (FENCES) OF THE MUNICIPAL CODE The recommendations of the Committee of Adjustment on Minor Variances to Chapters 680 (Signs) and 630 (Fences) of the Municipal Code will be forwarded to City Council for final approval. SG 2019-009 - 760 Commonwealth Crescent Permission to replace the existing sign with a ground -supported sign having automatic changing copy located 18.7m from a residential zone rather than the required 100m. SG 2019-010 - 907 Frederick Street, Units 3-5 Permission to legalize an existing facia sign having a width of 96% of the building elevation rather than the maximum permitted width of 90%. SG 2019-011 - 524 Belmont Avenue West Permission to replace the existing sign with a ground -supported sign having a height of 3.65m rather than the maximum permitted height of 2m. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2019-039 - 121 Arrowhead Crescent Permission to construct a 2 -storey addition in the easterly side yard of an existing single detached dwelling having the required off-street parking located 1.6m from the street line rather than the required 6m. /_i'lkll P1111 11M 1.11:2: 0 M rVAT:1im— Permission to convert an existing single detached dwelling into a triplex having an existing easterly side yard setback of 0.694m rather than the required 1.5m. A 2019-041 - 555 King Street East Permission to renovate the interior of an existing multi -residential development to add an additional residential unit having 2 off-street visitor parking spaces rather than the required 4 off-street visitor parking spaces; and, to have 1 accessible parking space rather than the required 2 accessible parking spaces. A 2019-042 - 244 and 260 Shoemaker Street Permission to construct a rear yard addition on an existing general industrial employment building having a rear yard setback of 1.18m rather than the required 7.5m. Page 1 of 4 A 2019-043 - 170 Rivertrail Avenue Permission to construct a single detached dwelling having an easterly side yard setback of 1.25m rather than the required 1.5m. A 2019-044 - 107-109 North Hill Place Permission to add, as a permitted use to the R-3 Zone, a dwelling unit within a portion of an existing accessory building. The accessory building containing the proposed dwelling unit was constructed in 2005. The property also contains a single detached dwelling constructed in 1962. A 2019-045 - 52 South Drive (Severed Lot from Consent Application B 2018-044) Permission to construct a 2 -storey duplex having a rear yard setback of 6.5m rather than the required 7.5m. A 2019-046 - 18 Guelph Street Permission to construct a 3 -storey multi -residential townhouse development containing 13 -units having a maximum building height of 10.8m rather than the maximum permitted height of 10.5m; to permit exterior stairs to be 0.9m 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; having front yard steps which encroach onto the property line whereas the By-law does not permit encroachments; and, having a parking rate of 0.7 spaces per dwelling unit (16 off-street parking spaces) rather than the required parking rate of 1.25 spaces per dwelling unit (9 off-street parking spaces). This property is subject to Site Plan Application S P 19/016/G/LT. A 2019-047 - 945 Robert Ferrie Drive Permission to construct a 6 -unit townhouse having a rear yard setback for the westerly end townhouse unit of 6.3m rather than the required 7.5m. A 2019-048 - 28 Stirling Avenue South Permission to legalize a Lodging House having a lot width of 14m rather than the required 15m; to have 95 sq.m. of floor area devoted to lodging units having 3 off-street parking spaces rather than the required 4 off- street parking spaces; and, to be located 380m from another Lodging House whereas the By-law requires a distance separation of 400m. A 2019-049 - 101-115 Margaret Avenue Permission to convert an existing Lodging House into a multi -residential dwelling containing 17 -units having a front yard setback of 1.7m rather than the required 4.5m; a rear yard setback of 3.2m rather than the required 7.5; having 9 off-street parking spaces rather than the required 21 off-street parking spaces; 0 accessible parking spaces rather than the required 1 accessible parking space; and, 0 off-street visitor parking spaces rather than the required 3 visitor off-street parking spaces. A 2019-050 - 149-151 Ontario Street North/21 Weber Street West Permission to convert an existing office/residential dwelling to a mixed-use 21 -storey, 126 -unit multi - residential dwelling having 0 off-street parking spaces rather than the required 87 off-street parking spaces required by Zoning By-law 85-1. The proposed Comprehensive Review of the Zoning By-law (CRoZBY) currently under review would require 0 off-street parking spaces for the proposed redevelopment. A 2019-051 - 25 Vanier Drive Permission to legalize a semi-detached duplex dwelling having a driveway width of 5.6m rather than the permitted 5.2m; and, to allow a driveway to contain two different materials (concrete/asphalt) whereas the By-law requires a driveway to be a consistent material. Page 2 of 4 B 2019-015 — 23-25 Wendy Crescent Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land municipally addressed as 23 Wendy Crescent will have a width of 10.016m, an average depth of 34m and an area of 342.8 sq.m. The retained land municipally addressed as 25 Wendy Crescent will have a width of 10.016m, an average depth of 35.136m and an area of 348.6 sq.m. B 2019-016 - 52 Wilhelm Street Permission to sever a parcel of land having a width of 9.06m, a depth of 41.89m and an area of 366.37 sq.m. The retained land will have a width of 9.06m, a depth of 44.03m and an area of 385 sq.m. Each lot is intended for a two-storey duplex. B 2019-017 - 177 Fifth Avenue Permission to sever a parcel of land having a width of 10.05m, a depth of 50.18m and an area of 506.9 sq.m. The retained land will have a width of 10.05m, a depth of 50.18m and an area of 501.9 sq.m. Both lots are intended for residential development; the existing dwelling will be demolished. B 2019-018 - 69 Amherst Drive/118 Doon Valley Drive Permission to sever a parcel of land municipally addressed as 69 Amherst Drive having a width on Amherst Drive of 20.535m, a depth of 30.480m and an area of 632 sq.m. The retained parcel will be irregular in shape having width on Doon Valley Drive of 4.267m and an area of 6862 sq.m. Both parcels are intended for residential use. B 2019-019 — 39-51 Overland Drive Permission to sever a parcel of land being irregular in shape having an approximate width on Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq.m.; permission is also being requested to grant an irregular-shaped easement as outlined on the plan submitted with the subject application over the retained land in favour of the severed land for stormwater management. The retained land will have an approximate width on Overland Drive of 158m, an approximate depth of 139m and an area of 28,735 sq.m. A Self Storage/Warehouse use is proposed for the severed lot and a Contractor Yard and Stormwater Management Facility is proposed for the retained land. B 2019-020 - 28 Burgetz Avenue Permission to sever a parcel of land containing an existing 2 -storey log dwelling having a width of 15.266m, a depth of 29.46m and an area or 434.9 sq.m.. The retained land will have a width of 25.295, a depth of 28.273m and an area of 815.2 sq.m. The retained land is intended for residential development. B 2019-021 and B 2019-022 - 20-24 Breithaupt Street Permission to sever a parcel of land having a width of 43.2m, a depth of 48.1 m and an area of 2,069 sq.m. The retained land will have a width of 67.9m, a depth of 48m and an area of 3,263 sq.m. Permission is also being requested to grant an easement over the severed land having a width of 14m and a depth of 48.1 m in favour of the retained lands for access. B 2018-023 - 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20 Breithaupt Street Permission for a lease in excess of 21 years for the subject property having frontage on Breithaupt Street, Moore Avenue and Wellington Street North also known as "The Breithaupt Block Phase 3" for a total area of 27870.912 sq.m. The public lane is intended to be closed to facilitate the redevelopment of the subject parcel. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). Page 3 of 4 • 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 3rd day of May, 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 MAY 3, 2019. Page 4 of 4 Staff Report -x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 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: May 13, 2019 REPORT NUMBER: DSD -19-132 SUBJECT: Follow Up to DSD -19-092 Applications B2019-014 & A2019-038 128 Mill Street Owner/Applicant — Robert Broadfoot and Rachel Molnar Defer -141 398 V38 \3i X36 I 34 M Hlghlana Cnurts Park 14] 149 151 128 169 / 149 2]9 SpAOlNARO E 1 �O 193 A 7 FRT 291 i18�1 I H eTr I 122 222 1% 160 127 .136 F 1fi4 131 s 149 �` ,'144 232 ,�' HJT X146 2Y 1� 1]6'/ cifGe 141 159 t1' O�y� 1451,.. 236 yo 'Pj 1 a'/ 151 2. 235 /1]9 9G "t 88 5' 16D 252 1 183.15], 182 256 24] 137 /998 ' t66 260211 �N1 6G 262 185 t68 262 255 t9 14500 las 178 2fi3 YY fyP �3 265 \ 919 OIL— 389 1\315 182, 51 A 281283 \, 177 181 168 a1 7] Gospel Hall 181 189 264 29D ___ M*8\ l�ee'iN�uN� Subject Property: 128 Mill Street Background: On April 16, 2019, the Committee of Adjustment deferred Applications B2019-014 & A2019-038 to the May 21, 2019 meeting to allow additional time for comments for the Region of Waterloo Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca and Canadian National Railway to review the Noise and Vibration Study submitted with the application. As comments are still outstanding, Staff is recommending that the applications be deferred to the June 18, 2019 Committee of Adjustment meeting. RECOMMENDATION: 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 June 18, 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 June 18, 2019 Committee of Adjustment meeting. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner 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 Staff Report Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: REPORT #: ADDRESS: PROPERTY OWNER: SUMMARIZED RECOMMENDATION DATE OF REPORT: 1 w -R www.ki tch en er. c a Committee of Adjustment May 21St, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Jenna Daum, Technical Assistant - 519-741-2200 ext. 7760 DSD -19-107 SG 2019-009 — 760 Commonwealth Crescent Waterloo Region District School Board Approve with Conditions May 13th, 2019 Subject Property s 'r Location Map: 760 Commonwealth 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: City Planning staff conducted a site inspection of the property on May 13th, 2019. The subject property is zoned Neighbourhood Institutional Zone (1-2). The property is designated Institutional in the 2014 Official Plan and Low Rise Residential in the 1994 Official Plan. z'. Proposed location of ground supported sign with automatic changing copy (location of existing ground supported sign with 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 680.3.29 of the Sign By-law to allow automatic changing copy on a sign that is located 18.70 metres from a residentially zoned lot located on the same street rather than the required minimum of 100 metres. The intent of Section 680.3.29 of the Sign By-law is to ensure that an adequate distance is maintained between automatic changing copy signs and residential zones in order to minimize the impacts of the additional illumination and distraction of the changing sign. The intent of this regulation is also to ensure that the brightness of the screen does not cause a nuisance by casting light onto residential properties. Staff is of the opinion that the reduced setback proposed by the applicant is sufficient because the sign will not be directly in any abutting properties line of sight. The intent of the sign is that it is to be viewed from both directions of traffic on Commonwealth Crescent and will not directly face abutting properties. Based on the above comments, staff is of the opinion that the requested variances are appropriate development for the subject lands and surrounding area. Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Engineering Services has no concerns with the proposed application. RECOMMENDATION: That application SG 2019-009 requesting permission for: 1) Relief from section 680.3.29 of the Sign By-law to allow automatic changing copy on a sign that is located 18.70 metres from a residentially zoned lot located on the same street rather than the required minimum of 100 metres, be approved, subject to the following conditions: That a Sign Permit is obtained for the proposed business from the Planning Division; 2. That the automatic changing copy shall not contain flashing, intermittent or moving lights and that the rate of change in the content of the graphics shall remain static for a minimum of six (6) seconds in accordance with the sign by-law; 3. That the automatic changing copy portion of the sign be turned off between the hours of 11 pm and 6 am; 4. That the above noted conditions 1 to 3 be fulfilled no later than September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in the 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 and Zoning) Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 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: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Erika Kohek, Student Planner - 519-741-2200 ext. 7074 WARD: 1 DATE OF REPORT: May 13, 2019 REPORT #: DSD -19-108 SUBJECT: SG2019-010 — 907 Frederick Street, Units 3, 4 and 5 Applicant — Sandeep Singh Approve with Conditions Location Map: 907 Frederick Street, Units 3, 4 and 5 *** 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 property is zoned Medium Intensity Arterial Commercial Zone (C-6) and is designated as Commercial in the City's Official Plan. City Planning staff visited the site on May 9, 2019. The applicant is seeking relief from Section 680.10.14 of the Sign By -Law to allow a fascia sign to have a width of 96% of the building elevation rather than the required 90%. Existing fascia sign The intent of Section 680.10.14 of the Sign By-law that limits fascia signs to a maximum of 90% of the width of the building elevation, or the width of an individual unit elevation in a multi -unit building on which the sign is located. A building completely covered by signage can be visually displeasing and can cause a negative impact on the pedestrian experience and view of the building. Given that the width of the building unit is approximately 21 metres, the 6% increase in the width only amounts to an approximate 1.26 metre increase. This increase will have a minimal impact on what is already permitted on the surrounding environment for pedestrians or on the view of the building from the road. Additionally, the signs on the adjacent properties are also large, meaning the scale of the proposed fascia sign conforms with the surrounding commercial plazas. The signs on the adjacent units are also set back from the edges of the subject commercial unit allowing for the signs to have separation between them and do not overcrowd the building face. Therefore, Staff is of the opinion that the increase in the width of the sign will not have a negative impact on the pedestrian experience or view of the building and continues to meet the intent of the Sign By-law. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. RECOMMENDATION That application SG 2019-010 seeking relief from Section 680.10.14 of the Sign By -Law to allow a fascia sign to have a width of 96% of the building elevation rather than the required 90%, be approved, subject to the following conditions: 1) That a sign permit is obtained from the Planning Division. 2) That condition 1 shall be completed prior to September 21, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I www.ki tch en er. ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Erika Kohek, Student Planner - 519-741-2200 ext. 7074 8 May 13, 2019 DSD -19-109 SG2019-011 — 524 Belmont Avenue West Applicant — Sign Language Inc. Approve with Conditions `J ? r 4 z� tip '` w Existing Ground Supported Sign ;t* Location Map: 524 Belmont Avenue West *** 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 property is zoned Medium Intensity Mixed Use Corridor Zone (MU -2) with Special Regulation Provision's 504R and 583R. The property is also designated as Mixed Use in the City's Official Plan. City Planning staff visited the site on May 9, 2019. The applicant is requesting to replace an existing ground supported sign with an automatic changing copy sign. The applicant is seeking relief from Section 680.11.6 of the Sign Bylaw to allow a sign height of 3.65 metres rather than the maximum permitted height of 2.0 metres. Existing ground supported sign The intent of Section 680.11.6 of the Sign By-law that limits ground supported signs to a maximum height of 2.0 metres within a mixed use corridor is to create a more pedestrian friendly environment. An environment with tall signs can be intimidating for pedestrians, which may contribute to a negative pedestrian experience. By limiting the sign height to 2.0 metres, ground supported signs will be at more of a human scale. Given that the property has an approximate lot width of 110 metres, a ground supported sign exceeding the maximum permitted height by 1.65 metres will have minimal impact on the environment for pedestrians. Additionally, the adjacent properties along Belmont Avenue West are fairly large, meaning the scale of the proposed ground supported sign will conform to the surrounding neighbourhood. Therefore, Staff is of the opinion that the proposed sign is not excessively large and will not have a negative impact on the pedestrian experience, while continuing to meet the intent of the Sign By-law. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed sign variance provided a sign permit is obtained prior to erection. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. RECOMMENDATION That application SG 2019-011 requesting permission to replace the existing ground supported sign with an automatic changing copy with a height of 3.65 metres rather than the permitted maximum of 2.0 metres be approved, subject to the following conditions: 1) That a sign permit is obtained from the Planning Division. 2) That the automatic changing copy portion of the sign be turned off between the hours of 12:OOAM and 6:OOAM. 3) That condition 1 shall be completed prior to September 21, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department I www.ki tch en er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21St, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: 4 DATE OF REPORT: May 13th, 2019 REPORT #: DSD -19-110 SUBJECT: A 2019-039 — 121 Arrowhead Crescent Owner —William David Fairthorne & Isabel Fairthorne Approve Without Conditions 1i { Location Map: 121 Arrowhead Crescent N kk *** 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 121 Arrowhead Crescent is zoned Residential Four (R-4) Zoning By-law 85-1 and is designated Low Rise Residential in the City's 1994 and 2014 Official Plan. City Planning staff conducted a site inspection of the property on April 24th, 2019. The property contains an existing Single Detached Dwelling which is proposed to construct an addition. To accommodate the proposed addition, the owner is requesting relief from Section 6.1.1.1 b) i) to locate the first off-street parking space at a distance of 1.60 metres from the street line, whereas 6.0 metres is required. View from Arrowhead Crescent 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 subject property is designated Low Rise Residential in the City's Official Plan. The proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the designation. General Intent of the Zoning By-law The requested variance to legalize the 1.60 metres off-street parking space setback from the street line, whereas 6.0 metres is required, meets the general intent of the Zoning By-law. The intent of the 6.0 metres required setback is to allow for a vehicle to be safely parked on the driveway without affecting the City right- of-way and surrounding properties. It is the opinion of both Planning and Transportation staff that the 4.40 metres reduction in the parking setback is minor and will not affect the City right-of-way or neighbouring properties. As such, Staff is satisfied the variance meets the general intent of the Zoning By-law. Minor The variance can be considered minor as a 4.40 metres reduction in the parking space setback will not present any significant impacts to adjacent properties and the safety of the overall neighbourhood has not been compromised. Appropriate and Desirable The proposed variance is appropriate for the development and use of the land. No negative impacts are anticipated as a result of the variance. The proposed setback for the driveway will continue to provide a safe ingress and egress to the property. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the addition is obtained prior to construction. 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: Engineering Services have no concerns with the proposed application. RECOMMENDATION: That application A 2019-039 requesting relief from Section 6.1.1.1 b) i) to locate the off-street parking space at a distance of 1.60 metres from the street line, whereas 6.0 metres is required, shall be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 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: May 21, 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: 10 DATE OF REPORT: May 10, 2019 REPORT #: DSD -19-111 SUBJECT: A2019-040 — 18 Rosedale Avenue Applicants — Blake Cooper & Stuart Gibson Approved with Conditions Location Map: 18 Rosedale Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 18 Rosedale Avenue is zoned Residential Seven (R-7), and designated Low Density Multiple Residential in the King Street East Neighbourhood Secondary Plan of the City Official Plan. The applicant is requesting relief from Section 41.2.6 of the Zoning By-law to legalize an existing setback of 0.69 metres whereas 1.5 metres is required for a multiple dwelling. City Planning staff conducted a site inspection of the property on April 29, 2019. 18 Rosedale Avenue 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 Density Multiple Residential in the King Street East Secondary Plan. The intent of this designation is to retain a mix of low density residential uses such as single detached dwellings, duplex dwellings & multiple dwellings. The proposed variances will permit the creation of a multiple dwelling with three units which complies with the policies of this designation. The existing structure will remain and the required parking will be located within the rear yard. Staff is in support of the application as it is compatible with the established neighbourhood. Based on the foregoing staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of Zoning By-law 2. The requested minor variance for a side yard setback of 0.69 metres rather than the required 1.5 meets the general intent of the Zoning By-law. The request for the side yard variance recognizes an existing situation. The applicant is proposing to convert the existing single detached dwelling to a multiple dwelling with 3 units. All renovations will be to the interior of the building with no changes to the exterior of the building. Staff is of the opinion that the conversion to a multiple dwelling with three units will not adversely affect the functionality of the surrounding neighbourhood, and meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The proposed multiple dwelling will not change the appearance of the existing dwelling and will provide a new housing form at a scale and density that is appropriate for the context of the existing neighbourhood. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the change of use into a triplex 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: No environmental planning concerns due to the nature of the application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-040 requesting relief from Section 41.2.6 to permit a multiple dwelling with three units with a side yard setback of 0.69 metres rather than the required 1.5 metres; be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 3. That all conditions shall be completed prior to March 1St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Juliane von Westerholt, MCIP, RPP Junior Planner Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 9 DATE OF REPORT: May 10, 2019 REPORT #: DSD -19-112 SUBJECT: A2019-041 — 555 King Street E Applicant — Robert Turner c/o James Fryett Architect Inc. Recommendation: Approve with Condition Location Map: 555 King St E *** 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 555 King Street E is zoned High Intensity Mixed Use Corridor Zone (MU - 3) with Special Regulation Provision 544R in Zoning By-law 85-1 and designated Mixed Use Corridor in the City's King Street East Neighbourhood Plan for Land Use. The property currently contains a 26 -unit Multiple Dwelling which received Planning approval in 2005. The applicant has applied for a building permit to add a 27th unit within the existing building, and has subsequently applied for site plan approval. However, not all current Zoning By-law parking regulations are met for the 27 units. As such, the applicant is requesting relief from Section 6.7.1 of the Zoning By-law to allow for 1 barrier -free parking space to be provided, whereas 2 barrier -free parking spaces are required, and relief from Section 6.1.2 b) vi) of the Zoning By-law to allow for 2 visitor parking spaces, whereas 4 visitor parking spaces are required. Staff notes that 555 King St E and the land used as parking for the Multiple Dwelling are 2 separate properties. The applicant has confirmed with Planning staff that there is an easement over the parking lot property in favour of 555 King St E facilitating this land to be used as parking. 555 King St E City Planning staff conducted a site inspection of the property on May 5, 2019. 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. General Intent of Official Plan The subject property is designated Mixed Use Corridor in the City's King Street East Neighbourhood Plan for Land Use. These corridors are primarily intended to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development. It is the opinion of staff that the variances are appropriate for the mixed-use planned nature of the area, and meets the general intent of the King Street East Neighbourhood Plan. 2. General Intent of the Zoning By-law Barrier -Free Parking Space Reduction Variance The requested variance to provide 1 barrier -free space rather than 2 meets the general intent of the Zoning By-law. The intent of requiring barrier -free parking spaces for a range of uses in the By-law is to improve accessibility standards across the City. When the site was developed as a 26 -unit Multiple Dwelling in and around 2005, there was no requirement in the Zoning By-law for providing barrier -free parking spaces. When the site was constructed, 1 barrier -free parking space was provided. Under the Province's Accessibility for Ontarians with Disabilities Act (2005), Regulation 191/11 (Integrated Accessibility Standards) outlines requirements on the number of barrier -free parking spaces required and specifications as to how they will be designed, among other items. It is this legislation that the City looked to in 2013 when the requirement for providing barrier -free parking spaces for Multiple Dwellings was added to the Zoning By-law. This legislation provides for exemptions to requiring barrier -free spaces. Specifically, the wording is such that an exemption can be made where `it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio'. There is limited room on the site to accommodate the additional barrier -free parking space required by the Zoning By-law. The specific requirement of the Zoning By-law is 1.08 barrier -free parking spaces, and the By-law further specifies that the requirement shall be rounded up to 2. The site has been operating with 1 barrier -free space since it has been built and no new gross floor area is proposed to accommodate the 27th unit. As such, staff is satisfied that the general intent of the Zoning By-law has been met as there is 1 existing barrier -free space on the site. The applicant has indicated there is room on the site to accommodate an access aisle in accordance with the requirements of the Zoning by-law and this will further ensure the barrier -free space is available to be used for its full potential. These details will be refined through the site plan approval process, and a condition of approval has been added on this matter. Staff note that Transportation is supportive of the variance. Visitor Parking Space Reduction Variance The requested variance to provide 2 visitor parking spaces rather than the required 4 visitor parking spaces meets the general intent of the Zoning By-law. The intent of the visitor parking space requirement is to ensure that visitors to the site by motor vehicle have space to park. The property is located along a major street (King Street) and is well -served by transit. The 26 existing units have generally been operating with approximately this number of visitor spaces since the property was developed. This, in combination with the reality that the site will continue to be better served by transit (LRT) moving forward, justifies a visitor parking reduction to an existing site. For these reasons, staff is of the opinion that the general intent of the by-law is met. Staff note that Transportation is supportive of the variance. 3. Is variance minor? Staff is of the opinion that requested variance is minor as the approval of providing 1 barrier -free parking space rather than the required 2, and 2 visitor parking spaces rather than the required 4, will not cause any significant impacts to the subject property or surrounding neighbourhood. The site will largely continue to operate as it does today. 4. Is variance appropriate? The requested variances to reduce the number of required barrier -free parking spaces and visitor parking spaces is appropriate for the development and use of the land, as the proposal to add 1 unit to an existing 26 -unit multiple dwelling is consistent with the existing development of the site, the neighbourhood, and the planned function for the property. The parking area is remaining largely unchanged, and any outstanding details with respect to parking configuration will be resolved through the ongoing site plan approval process. Based on the foregoing, Planning staff recommends that this application be approved with condition. Building Comments: The Building Division has no objections to the proposed variance provided the building permit to create an additional apartment units is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Given the proximity to the alternative transportation options, as well as on -street parking, Transportation Services have no concerns with the reduced amount of barrier -free and visitor spaces that are proposed. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-041 requesting relief from Section 6.7.1 of the Zoning By-law to provide 0 barrier -free parking spaces, whereas the By-law requires 2 spaces to be provided, and relief from Section 6.1.2 b) vi) of the Zoning By-law to allow 2 visitor parking spaces rather than the required 4 visitor parking spaces be approved, subject to the following condition: a) That the owner receive Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service for the addition of 1 -unit and any other proposed site works at 555 King Street East. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department 1 w -R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Junior Planner — 519-741-2200 ext. 7860 WARD: 5 DATE OF REPORT: May 10, 2019 REPORT #: DSD -19-113 SUBJECT: A2019-042 — 244-260 Shoemaker Street Applicant — JP Engineering Solutions Inc. on behalf of Covanta Environmental Solutions Ontario Inc. Approved with Conditions . r N { A _ Location Map: 244-260 Shoemaker Street F% 1 *** 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 244-260 Shoemaker Street is zoned Business Park (B-1), in the Zoning By-law 85-1 and designated Business Park Employment in the City's Official Plan. The applicant is requesting relief from Section 23.3.1 of the Zoning By-law to have a rear yard setback of 1.18 metres rather than the required setback of 7.5 metres. City Planning staff conducted a site inspection of the property on May 9, 2019. Front view Rear view 244-260 Shoemaker 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 requested variance meets the general intent of the Official Plan. The subject property is designated Business Park Employment in the Official Plan. The intent of the Business Park Employment designation in the Official Plan is to permit a broad range of industrial employment uses, such as manufacturing, warehousing and accessory office use. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The current B-1 zoning currently requires a 7.5 metre setback from the rear lot line. The intent of the 7.5 metre setback is to provide adequate space at the rear of the properties, typically for on-site circulation and adequate separation from neighbouring properties. The adjacent properties all have the same zoning as the subject property and the adjacent buildings are all setback accordingly. There is also a large parking area on the property that will allow for adequate on-site circulation. The setback also allows for a landscape buffer between properties. The reduced setback will not allow for appropriate landscaping at the rear of the property, however after discussions with staff, the applicant has agreed for upgraded landscaping at the front of the property which will be reviewed when the site plan application is submitted. Application is Minor 3. Staff is of the opinion that the requested variance is minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The reduction in the side yard setback and lot with 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 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 addition 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: No environmental planning concerns. Heritage Comments: No heritage planning concerns. RECOMMENDATION That minor variance application A2019-042 requesting relief from Section 23.3.1 to permit a rear yard setback of 1.18 metres, whereas 7.5 meters is required; be approved, subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That all conditions shall be completed prior to March 1St, 2020. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Tim Seyler, BES Junior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department I www.kitchen er. ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21St, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Jenna Daum — Technical Assistant - 519-741-2200 ext.7760 WARD: DATE OF REPORT: REPORT #: SUBJECT: 2 May 13th, 2019 DSD -19-114 A 2019-043 — 170 Rivertrail Avenue Milestone Developments Inc. Approved Without Conditions Location Map: 170 Rivertrail Avenue *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 170 Rivertrail Avenue is zoned Residential Four (R-4) Zoning By-law 85- 1 and is designated Low Rise Residential in the City's 1994 and 2014 Official Plan. City Planning staff conducted a site inspection of the property on May 13th, 2019. The applicant is requesting permission to construct a single detached dwelling having an easterly side yard setback of 1.25 metres rather than the required 1.50 metres. View from Rivertrail Avenue 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 subject property is designated Low Rise Residential in the City's Official Plan. The proposed variance meets the general intent of the Official Plan, which encourages a range of housing forms that achieve an overall low density neighbourhood. The minor change will maintain the low density character of the property and surrounding neighbourhood. The proposed variance meets the general intent of the designation. General Intent of the Zoning By-law The requested variance to legalize the easterly side yard setback of 1.25 metres rather than the required 1.50 metres, meets the general intent of the Zoning By-law. The intent of the 1.50 metres interior side setback is to allow for maintenance as the opposite setback is reduced to 0 — 0.20 metres. A standard side yard setback is 1.20 metres, with the variance this property is still maintaining the average interior side yard setback required for a development. It is the opinion of the Planning staff that the 0.25 metres reduction in the interior side yard setback will not affect the neighbouring properties. As such, Staff is satisfied the variance meets the general intent of the Zoning By-law. Minor The variance can be considered minor as a 0.25 metres reduction in the interior side yard setback will not present any significant impacts to adjacent properties and the safety of the overall neighbourhood has not been compromised. Appropriate and Desirable The proposed variance is appropriate for the development and use of the land. No negative impacts are anticipated as a result of the variance. The proposed setback for the driveway will continue to provide a safe ingress and egress to the property without impacting the intersection. Based on the foregoing, Planning staff recommends that this application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the single detached dwelling 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. Engineering Comments: Engineering Services has no concerns with the proposed application. RECOMMENDATION: That application A 2019-043 requesting relief from Section 38.2.1 b) to construct a single detached dwelling having an easterly side yard setback of 1.25 metres, whereas 1.50 metres is required, shall be approved without conditions. Jenna Daum Juliane von Westerholt, BES, MCIP, RPP Technical Assistant (Planning and Zoning) Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: I K;< -,\FR www.ki tch en er. ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Andrew Pinnell, Planner— 519-741-2200 ex. 7668 2 May 10, 2019 DSD -19-115 A2019-044 — 107-109 North Hill Place Owners — Gerald and Leanne Leeman Approve Without Conditions REPORT Planning Comments: The subject property is located at the east end of North Hill Place (NHP) near Chicopee Ski Hill, in the Centreville Chicopee Planning Community. The subject property is owned by Gerald and Leanne Leeman, and contains a single detached dwelling constructed in approximately 1962 and an accessory building containing a garage and one dwelling unit (i.e., garden suite) that was constructed in approximately 2006. The property is designated Low Rise Residential in the Official Plan and is zoned Residential Three (R-3), with Special Regulation Provision *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 432R, and Temporary Use Provision 10T. On May 6, 2019, Planning staff conducted a site inspection of the subject property. In June 2005, the owners applied for a Zoning By-law Amendment (ZBA) to allow a garden suite on a temporary basis. City Council passed a Temporary Use By-law, allowing a garden suite for a period of 10 years (until June 20, 2015). In addition, Council approved Special Regulation Provision 432R, which states, "one new building having a maximum ground floor area of 113 square metres and a maximum height of 7.5 metres is permitted on a lot that does not have frontage on a street provided that the lot has access to a street over a registered right-of-way." After obtaining approval of the ZBA, the owners constructed the accessory building for the garden suite, and the owners' mother took up residence. In August 2014, the owners sought to sever original property to create the subject lot. However, the property was considered legal non -conforming because it did not have frontage on a public street (NHP is classified as a public lane, not a public street, because of its narrow width). To address this issue, the Committee of Adjustment granted permission, along with consent, to change the configuration of the original property in order to facilitate the creation of the subject lot. In April 2015, the Committee approved a minor variance for relief from 10T to allow the existing garden suite to be permitted until June 20, 2018 — an extension of approximately 3 years. This extension allowed the owners' mother to remain in her residence within the garden suite. In April 2019, the owners, desiring to maintain compliance with City regulations and allow their mother to continue living in the garden suite, contacted Planning staff to request another extension of 10T. However, at that time, the relief provided in the April 2015 approval had already lapsed (in June 2018). Additionally, 10T had already expired without any request or opportunity to extend its effectiveness. At that time, it was determined by Planning staff that the dwelling unit within the accessory building had become non -complying as of June 20, 2018. Staff also determined that, in this case, except for the date, the most technically accurate term to describe the requested use is Coach House Dwelling Unit (Coach House), which "means a dwelling unit within an accessory building or portion thereof existing on January 24, 1994" (Section 4.2 of Zoning By-law 85-1). The R-3 zoning of the subject property permits a Coach House. However, because the accessory building, within which the Coach House is requested to be legalized, was constructed after 1994, a Coach House is technically not permitted. That stated, the accessory building proposed to contain the dwelling unit is permitted (via Special Regulation Provision 432R). As a result of discussions with Planning staff, the owners submitted Application A2019-044, requesting permission under Section 45(2)(b) of the Planning Act, to allow a dwelling unit within a portion of an existing accessory building. Section 45(2)(b) of the Planning Act states, "In addition to its powers under subsection (1), the committee, upon any such application .... where the uses of land, buildings or structures permitted in the by-law are defined in general terms, may permit the use of any land, building or structure for any purpose that, in the opinion of the committee, conforms with the uses permitted in the by-law." This section provides the Committee of Adjustment with the authority to permit the use of any building for any purpose that conforms with the uses in the applicable zone. It should be noted that this request is not a minor variance under Section 45(1) of the Planning Act; the 4 -part test for variances does not apply (e.g., maintenance of the general intent and purpose of the official plan). In this regard, Planning staff offers the following comments. The requested use conforms with the uses permitted in Section 37.1 of Zoning By-law 85-1 (i.e., R-3 Zone). The requested use should be a perceived as a slight variation on the permitted Coach House use. A Coach House is a permitted use in the R-3 Zone. The only difference between the requested use and a Coach House is that the latter must be established within a building constructed prior to 1994. Inherently, and most importantly, both uses involve "a dwelling unit within an accessory building or portion thereof." In this case, no purpose is served in requiring the use to be located within an accessory building constructed prior to 1994, especially since the building was legally established through City Council's approval of ZBA in 2006. The use has been operating without issue since that time (approx. 13 years). The Province's direction regarding secondary dwelling units should be noted be noted: • The Provincial Policy Statement, 2014 states, 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: ... b. permitting and facilitating: ... 2. all forms of residential intensification, including second units, and redevelopment in accordance with policy 1.1.3.3." (emphasis added). • The Growth Plan for the Greater Golden Horseshoe, 2017 states, "2.2.1.4. Applying the policies of this Plan will support the achievement of complete communities that:... c) provide a diverse range and mix of housing options, including second units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes" (emphasis added). • The Planning Act states, "16(3) An official plan shall contain policies that authorize the use of a second residential unit..." Moreover, Section 4.C.1.24. of the City's Official Plan contains policies to permit stand alone secondary dwelling units, such as a dwelling unit within an accessory building, subject to a Zoning By-law Amendment and appropriate zoning regulations being in place. The City's Comprehensive Review of the Zoning By-law (CRoZBy) may implement this policy when the residential zones are established, as early as October of this year. Until such time as the Zoning By-law is updated to allow second dwelling units within accessory buildings, the subject application will legalize the requested use, if approved. In conclusion, the request for permission represents good planning since it will allow a slightly increased resident density to be maintained within a low density residential zone, without any negative impacts on adjacent properties, by allowing an elderly family member to continue to live in her residence, close to her family, without disruption. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. Building Comments: The Building Division has no objections to the proposed variance. Fire Services Comments: Because the owners are simply seeking to legalize an existing building on the property, not build a new one, Fire Services does not object to this application. Although North Hill Place is a dead end street that is more than 150m long, the building in question represents an existing condition and a fire hydrant is located at the end of the street. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: No concerns. RECOMMENDATION That Application A2019-044, requesting permission under Section 45(2)(b) of the Planning Act, to allow a dwelling unit within a portion of an existing accessory building, be approved, without conditions. Andrew Pinnell, MCIP, RPP Planner Attachment: • Sketch submitted with application form Juliane von Westerholt, MCIP, RPP Senior Planner Sketch Submitted with Application A2019-044 Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: Committee of Adjustment J K,Nr,HENER wwwkitchener. ca May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 9 DATE OF REPORT: April 30, 2019 REPORT # DSD -19-116 SUBJECT: Application #: A2019-045, 52 South Drive (132018-044, 43 Barclay) Applicant: Miroslav Orasanin Recommendation to Approve J* �O/ REPORT 35 31 37 206 Subject Property Location Map: 52 South Drive (132018-044, 43 Barclay) Planning Comments: The subject property located at 52 South Drive (Severed parcel from 43 Barclay Avenue, B2018- 044) is zoned Residential Five Zone (R-5) in the Zoning By-law 85-1 and designated Low Rise Residential in the Official Plan. The applicant applied to sever 43 Barclay Avenue into two lots through a consent application (132018-044) into two lots on July 17, 2018. The Committee of Adjustment recommended approval with conditions to create a new lot with frontage on South Drive. To date, not all of the consent application conditions have been fulfilled and the subject property remains one lot municipally addressed as 43 Barclay Avenue. The owner intends to develop a new single detached dwelling on the severed lands with frontage on South Drive. To facilitate the development, the owner is requesting relief from Section 39.2.1 of the Zoning By-law to allow a rear yard setback of 6.5 metres rather than the required 7.5 metres for the severed lot identified as "Part 1" on reference plan 58R-20302. City Planning staff conducted a site inspection of the property on April 26, 2019. Existing condition at 52 South 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 Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variance to reduce the rear yard setback from 7.5 metres to 6.5 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 1 metre from the required 7.5 metres is minor, as the proposed 6.5 metre rear yard setback will continue to provide sufficient amenity space in the rear yard. 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. A reduced rear yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. 4. Is the proposal minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or 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 single detached dwelling 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 Planning Comments: No concerns Heritage Planning Comments: No concerns RECOMMENDATION That application A2019-045 requesting relief from Section 39.2.1 of the City of Kitchener Zoning By-law for a rear yard setback of 6.5 metres whereas the By-law requires 7.5 metres, be approved. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT i } www1ltchener.ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157 Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 10 May 10, 2019 DSD -19-117 A2019-046 — 18 Guelph Street Applicant — Heather Price, GSP Group Approve OnPoint Image — 18 Guelph Street Planning Comments: City Planning staff conducted a site inspection of the property on May 8, 2019. The subject property is located on the north side of Guelph Street between Moore Avenue and Dekay *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Street. It is presently occupied by with a single detached dwelling that is in a state of disrepair. The owner has applied for a demolition permit to remove the existing structure. The Official Plan designates the property as Low Rise Residential and the zoning of the property is Residential Six Zone (R-6). The owner is proposing to redevelop the site as a 13 -unit multiple dwelling. The proposed development will provide affordable housing units, located within an area noted as a Major Transit Station Area in the Official Plan. To this end, the parking reduction will encourage residents to utilize alternate modes of transportation, including transit and rapid transit, cycling and walking. SITE STATISTICS MULTI -RESIDENTIAL Zoning- Residential (R-6) Number of Units- 13 Units Lot Mea -1,W T e Number of Visitor Spaces - 1 Ve CufA Appli.ba r - A2619- Roor Space Ratio -U.& Budding Cmre W -245.0e(24%) Landscaped Ar *cld. mncsidewalkj-279.5W(24%) NOTE ALL ASPHALT AREASTO As*ft. Concrete stairs & curbs - 524-Ze (52%) BE DEFINED VdTH 0.15M HIGH POURED CONCRETE CURBING Parking Required -9 Spaoes(A i9-� Parking Provided _9S1_ Barna Free - 1 Space Parking Spam Minimum Dimensions-Zfim x5.5m Barrier Free Parking Spam Dimension - 3.4m x 5.5m wd 1.5m mncrete walkway 8 Hcxiceice - "xer""..nrrawwn 8 xsPrur, l0 B '8 B + . —arm `g� Z' ' q rs roan Huemrrt owe,src g t �' Sowr=QmlHar xs�. SEI . Fd f�—esu mo rsw �F�ssoo ab�en �J1' AVr l n ts ea:a L:rj C5 scex�r� I TrT'-Queer; Tna � ion Hex coos race uan cues exe r�eorxa ISI � am'xo cx+w ux[ rex�e REVISED: SITE PLAN APPLICATION No. SP1910161GILT SITE PLAN a 5 10 15 20 25 PART OF LOT G PLAN 386 CITY OF KITCHENEP MAXWELL BUILDING CONSULTANTS LTD. wALE+:mn City of Kitchener-Dr1LE: ffll SP:Dvr 18 GUELPH ST. UATE: WIRCH At. 2019 DEVELOPMENT SERVICES DEPARTMENT Site Plan —Approved in Principle Through the site plan review process, three minor variances were identified in order to facilitate the proposed development: 1. Relief from Section 6.1.2. a) to allow 0.7 off-street parking spaces for each dwelling unit rather than the required 1.25 spaces per unit; 2. Relief from Section 40.2.6 to allow a building height of 10.8 metres rather than the permitted maximum of 10.5 metres; and 3. Relief from Section 5.6.1. d) to permit stairs within 3.0 metres of the street line having a height of 0.9 metres above grade level rather than the permitted maximum height of 0.6 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance In addition to the requested variances, the owner will be required to enter into an encroachment agreement with the City of Kitchener for the encroachment of one stair into the municipal right- of-way due to the required road widening. 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 Low Rise Residential designation of the property supports locations for residential development and/or redevelopment. The proposed 3 -storey building is permitted in the low rise residential designation of the Official Plan. 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 by-law stipulates parking requirements based on generalized development principles. This site in particular is located within easy walking distance to major public transit amenities and it is likely that some residents of the affordable housing units will not have a personal motor vehicle. The modest increase in building height will allow for better basement units with larger windows while not impacting the building massing on the street or abutting properties. Due to the requirement for a road widening on Guelph Street, the stairs at the front of the building will be at a height of 0.9 metres above grade within 3.0 metres of the lot line. The increase in height from the permitted 0.6 metres to 0.9 metres will maintain the intent of the by-law to minimize obstructions within a front yard. 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 multiple dwelling. The proposed affordable housing units are needed within our community and will provide housing options that are needed. The parking reduction and minor building height increase will not have any impact on the streetscape or abutting properties and the height of the stairs at the front lot line will not create a visibility obstruction or hazard. 4. Is the proposal minor? The variances are minor for the following reasons. The parking reduction is minor as there are multiple options for public transit in close proximity to the development. The building height increase is negligible and will not be apparent to the neighbourhood. The increase in stair height at the front lot line is solely due to the road widening to be dedicated to the City and will not create any hazard in the front yard area. 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: The Building Division has no objections to the proposed variances provided a building permit for the 15 unit multiple dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Transportation Services Comments: A parking justification letter and TDM plan was submitted in April 2019 by Paradigm Transportation Solutions Ltd. In support of this application (A2019-046) and after reviewing the report, Transportation Services can offer the following comments: • As a condition of approval, Transportation Services will require confirmation that the extra bicycle spaces beyond the minimum required, as per the TDM report, are constructed and maintained on-site. • As a condition of approval, Transportation Services will require confirmation that parking spaces will be unbundled from the residential units and sold/rented separately. Based on the alternative modes of transportation in the area (within a Major Transit Station Area, within 1 km from the ION route, walking, cycling), Transportation Services can support the proposed parking variance provided that the two (2) above points are completed. Engineering Comments: No concerns. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 18 Guelph Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Heritage Planning staff has no concerns with the proposed minor variance. RECOMMENDATION That application A2019-046 requesting relief from Section 6.1.2. a) to allow 0.7 off-street parking spaces for each dwelling unit rather than the required 1.25 spaces per unit; relief from Section 40.2.6 to allow a building height of 10.8 metres rather than the permitted maximum of 10.5 metres; and relief from Section 5.6.1. d) to permit stairs within 3.0 metres of the street line having a height of 0.9 metres above grade level rather than the permitted maximum height of 0.6 metres be approved subject to the following conditions: 1. The owner shall receive final approval of Site Plan Application SP19/016/G/LT; and 2. The owner shall enter into an encroachment agreement with the City of Kitchener for the encroachment of a stair into the municipal right-of-way. 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 May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Holly Dyson From: Danielle Ingram <Danielle.ingram@waterloo.ca> Sent: 08 May, 2019 2:26 PM To: Holly Dyson Subject: A2019-046 - 18 Guelph St, Kitchener Hi Holly, The City of Waterloo has no concerns with minor variance application A2019-046, and will defer to City of Kitchener planning staff to undertake a full review of the application. Thank you, Danielle Ingram Planning Approvals I Integrated Planning & Public Works I City of Waterloo 100 REGINA ST. S. I PO Box 337, STN WATERLOO WATERLOO, ON, N2J 4A8 P: 519.747.8773 1 F: 519.747.8523 1 TTY: 1.886.786.3941 E: danielle.ingramCcDwaterloo.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 www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 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: 4 DATE OF REPORT: May 10, 2019 REPORT #: DSD -19-118 SUBJECT: A2019-047 — 945 Robert Ferrie Drive Applicants — Kristen Barisdale, GSP Group on Behalf of Granite Homes Inc. Approved without conditions REPORT Planning Comments: 909 9C 917 915 913 911 925 923 921 919 941 933 939 92.9 927 945 943 939:937 935 - �DR� ��FtFZ4E C5R Rh = '-- -_- 914 912 918 916 924 922 920 ., 932 930 928 926 I 950 948 946 944 942 940 938 935 934- i i Location Map: 945 Robert Ferrie Drive The subject property located at 945 Robert Ferrie Drive is zoned Residential Six (R-6), and designated Low Rise Residential in the City Official Plan. The applicant is proposing to build a row of street fronting *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. townhouses and cannot meet the requirements of Section 40.2.5 of the Zoning By-law. The applicant is requesting relief to allow a rear yard setback of 6.3 metres rather than the required 7.5 metres. City Planning staff conducted a site inspection of the property on May 9, 2019. 945 Robert Ferrie 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. 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 rear 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 R-6 zoning currently requires a 7.5 metres setback from the rear lot line to ensure there is adequate rear yard amenity space. The property in question is an irregular shape lot and will be developed with street fronting townhouses. Due to the shape of the lot the end unit townhouse cannot meet the required rear yard setback while all other units meet the requirement. The end unit will have a large side yard component to it, which will provide additional amenity space. As such, staff is satisfied the requested variance to reduce the rear yard setback to 6.3 metres whereas 7.5 metres is required meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variance is minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The reduction in the side yard setback and lot with 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 impact any of the adjacent properties or the surrounding neighbourhood. Reduced rear yard of 6.3 metres whereas 7.5 metres is require - -- r I _ 4 6. Mi BLOCK ' A 01 J p'rapased + Pr.fpa-aa r F'�opus.adSmiry propmwr proposed' PMPOMa 2 sw" r 28�rveY YI 29faey I r9td ey To�w�ewarj T9wnhouse 1 towr#roufa TdwAftL a i Tawr hojm Townhouse _ , i T& + �TCR c t�vsoacmn i } AWL IfI#,. 1JI ti Proposed Street fronting townhouse block — 935-945 Robert Ferrie Drive 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 townhouse 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: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning staff has no concerns with this application. RECOMMENDATION That minor variance application A2019-047 requesting permission to build a street fronting townhouse to have a rear yard setback of 6.3 metres rather than the permitted 7.5 metres, be approved: Tim Seyler, BES Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department 1 w www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 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: # 9 DATE OF REPORT: May 13, 2019 REPORT #: DSD -19-119 SUBJECT: A2019-048 — 28 Stirling Avenue South Owner — Terry Ferguson Recommendation — Approve 2 / r 1 21 22 23 !r` v .762 ' 778 `7A35 �• ~1-�� I *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 787 Location Map — 28 Stirling Avenue South *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 787 � a 3j S 0 ED E IE 11•' J 1P... � ,.�� •a� fr ��'�; 1�i fi L REPORT Planning Comments: The subject property is located at 28 Stirling Avenue South as shown on the Location Map. The property contains a dwelling which has been used as a lodging house since 1989, however was not licensed. A new owner has recently acquired the property and wishes to formally register the dwelling as a legal, licensed lodging house as required by the City. In order to facilitate the licensed lodging house three minor variances are required: 1. Relief from s. 5.17A to permit a Lodging House to be 380 metres from the closest Lodging House rather than 400 metres, 2. Relief from s. 55.2.1 to permit a minimum lot width of 14.2 metres rather than 15 metres 3. Relief from s. 6.1.2.a) to permit a Lodging House having 95 square metres of gross floor area devoted to lodging units to have 3 parking spaces rather than 4. 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 (Variances 1, 2 & 3) The subject lands are designated Mixed Use Corridor in the King Street East Secondary Plan (1994 Official Plan). The intent of this designation is to recognize the evolution of uses along major corridors in the inner city, provide residential redevelopment opportunities, and to support intensification and provide a balanced distribution of commercial, multiple residential and institutional uses. The requested variances support the legalization of a more intensive residential use in an existing building, and staff is of the opinion that the general intent of the Official Plan is maintained. Variance 1: distance separation General Intent of the Zoning By-law The intent of a minimum distance separation between lodging houses is to ensure a balanced distribution of this use throughout the City, avoiding an over concentration within a particular geographic area. Staff is of the opinion that the proposed variance to permit a 380 metres separation distance continues to ensure that lodging houses are distributed throughout the City. Is the Variance Minor? Staff is of the opinion that the variance is minor. The next nearest licensed lodging house is located 380 metres away from the subject site, representing a 20 metre deficiency. Staff is of the opinion that the 20 metres is a negligible difference. Is the Variance Appropriate? Staff is of the opinion that the variance is appropriate. Staff is aware that the subject site has operated as a lodging house since 1989, by a previous owner. The current owner wishes to legalize the property in order to be able to obtain the required Lodging House License, which benefits the City, nearby property owners, and tenants by providing for annual inspections and other measures which maintain and ensures that building safety and property standards are met. Variance 2: lot width General Intent of the Zoning By-law The subject lands are zoned High Intensity Mixed Use Corridor Zone (M-3). The intent of the minimum lot width requirement of 15 metres is to ensure that there is sufficient space for a driveway between the building and side lot line, and sufficient width on the lot to accommodate a parking area in the rear yard. The subject lot has flankage on Stirling Lane, and therefore can use the lane for access to the required parking, which in this case is accommodated on a driveway. Further, staff notes that the driveway is 8.5 metres wide which comfortably accommodates 3 parking spaces (note: variance 3 is requesting a reduction in parking from 4 spaces to 3). Further, as the driveway leads directly to the rear yard from the lane, the driveway width is permitted, and (subject to approval of variance 3) three spaces does not constitute a parking lot, and therefore vehicles are permitted to back -out onto the lane. This is the current configuration of the parking area, and is shown in Photo 2. Given that the lot width is existing, that the parking area is located wholly in the rear yard (subject to the reduction to required spaces) and continues to function legally, staff is of the opinion that the general intent of the by-law is maintained. Is the Variance Minor? The lot, building location and parking orientation is existing and not proposed to change. The reduction to lot width will legalize an existing lot and the required facilities including parking are accommodated, and staff is of the opinion that the variance is minor. Is the Variance Appropriate? Staff is of the opinion that the variance is appropriate for the development and use of the lands. The lot and its current width are existing, the subject dwelling has been used as a lodging house for many years and the current owner wishes to legalize the use in order to obtain the proper license. Variance 3: parking reduction General Intent of the Zoning By-law The intent of the parking regulation is to ensure sufficient parking is provided for the proposed use. The owner is proposing to reduce the number of required parking spaces from 4 to 3. Parking for lodging houses is calculated at 1 space per 25 m2 of the floor area of the lodging units. The applicant has indicated that 95m2 of floor area is occupied by the lodging units resulting in the following parking calculation: 95/25 = 3.8 which rounds up to 4 spaces. The subject lands are located in a Mixed Use Corridor and in an area well served by public transit, and walkable to many services. Most uses in the MU -3 zone enjoy a reduced parking ratio of 30%. This does not apply to residential uses which typically have a set rate of one space per dwelling unit, which is a reduction from other residential parking rates. However, the parking rate for a lodging house, while a residential use, is not calculated on a per unit basis, but on a square meter basis. The Zoning by-law's intent is to allow for reduced parking in Mixed Use Zones for all uses, however lodging houses are an anomaly and do not benefit from any reduction (as it is residential, but not calculated on a per unit basis). Based on the 30% reduction afforded to non-residential uses in the MU -3 zone 3 spaces would be required for a use otherwise requiring 4 spaces (4 @ 70% = 2.8 which rounds up to 3). Based on the foregoing, staff is of the opinion that the general intent of the by-law is maintained. Is the Variance Minor? As articulated above, the proposed reduction is consistent with the MU -3 reduction provided to other uses within this zone. Further, through the Council approved CRoZBY a minimum parking rate of 1 space per 63 m2 of gross floor area (GFA) is required. In correspondence to staff, the applicant has indicated that the entire dwelling has a GFA of 167.3 m2 resulting in the following parking calculation: 167.3/63 = 2.6 which rounds up to 3 spaces required. Staff expects that CRoZBy parking rates will generally be extended to lands located within Secondary Plan areas as part of the Neighbourhood Planning Review process. At such time as this is completed, the parking rate for lodging houses is anticipated to require 3 spaces for the subject site. Based on the foregoing, staff is of the opinion that the variance is minor. Is the Variance Appropriate? The subject site is located in a Mixed Use Corridor, in close proximity to a Rapid Transit Station (Borden station is location within about 280 metres of the subject site.) There are currently three parking spaces located within the existing parking/driveway area and this appears to have functioned appropriately for this use for a number of years. It is the intent of the Zoning By-law to allow parking reductions for all uses in Mixed Use areas, as described above, and the future zoning regulations anticipate a lower rate for the subject site. Based on the foregoing, staff is of the opinion that the proposed variance is appropriate for the development and use of the lands. Based on the foregoing, staff recommends that the proposed minor variance be approved. Building Comments: The Building Division has no objections to the proposed variance. The Owner is advised that building and/or fire approvals for the change of use into a lodging house may be required. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Given the existing nature of the site and the proximity to alternative transportation options, Transportation Services has no concerns with the proposed application. Engineering Comments: Engineering has no concerns with the subject application. RECOMMENDATION That application A2019-048 requesting relief from s. 5.17A to permit a Lodging House to be 380 metres from the closest Lodging House rather than 400 metres; from s. 55.2.1 to permit a minimum lot width of 14.2 metres rather than 15 metres; and from s. 6.1.2.a) to permit a Lodging House having 95 square metres of gross floor area devoted to lodging units to have 3 parking spaces rather than 4, be approved. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: i } www1ltchener.ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157 Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 10 May 13, 2019 DSD -19-120 A2019-049 — 101-115 Margaret Avenue Applicant — Masri O Architects Approve OnPoint Image — 101-115 Margaret Avenue REPORT Planning Comments: City Planning staff conducted a site inspection of the property on May 13, 2019. The subject property is located on the west side of Margaret Avenue between Wellington and Breithaupt Streets. The site is presently occupied with a lodging house that the owner wishes to convert in 17 small one bedroom units. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance The Official Plan designates the property as Low Rise Residential and the zoning of the property is Residential Six Zone (R-6). MARGARET AVENUE DETAILS OF DEVELOPMENT 101-10 MARGARET AVENUE, KITCHENER 24°35'50' acignrw 667 wew,ree 41T xe 0 _ G o 1T111 nT,,fMi' uP M iTr.TTIin1 � 1-P F rX.wl e.,.aac,.aa ac LI.I as¢�cHe I I a a"�'-CCf94BOVE ~ Y ! I 1016-7115 MA€2GARE f AVENUt- I F ai..K »teu.vc !I EXISTI�- 2STGREI'I[PLUS 11-LMENT) zI BRICK BIJILDING �1 337I1m= 1 i' x I Iro Ana�xr 8 i curl NcrkRE guu vex m� �1L Tr� e Z nc coxc rc DNI 3 J JLU s m VY I m �I 1 1 I I a N 271137 J z .aloe owasswa �,y-` �r FnunN6 xn w- sm ax sera g c SILICONNORTH REAL R O A CHlrecrs 8 ESTATE CORPO11 — -W 36 673 I. -7�` + �^`d wvac/wer nera u�vo�Aimx �u�uz I ARCHITECTS SITE PLAN „ scaLE: I -AND SITE PLAN Proposed Site Plan DATA REQUIRED PROVIDED ZONING RE (MULTIPLE DwEilIHG; LaaAREA Im°I 1258 EDr w1DTH [ml t5 zr.4a SE3EAGK5 Im} FY (WELLINGTON) 45 1.7 RY 75 32 E. SY (MARGARETI 43 91.34 w -Gr tmi s -s 7.4 BUILDING HEKifT[ml MR%1L1.5 Apgmc 7-8 BUILDING AREA Im`j 33P GFA �mry tort FSR MA%11.6 ll5 LANDSCAPE AREA I%) 20% 26% LANDSCAPE AREA [m'1 ]5D 333 PRMATE PAYIC AREA ,EACH UNIT) REG. pRDVI[ED NUNHER GF UNRS 17 PARISING R€DUIREO 1.251 UNIT (E](ISTIN65-7j p 9 6APRER FR€E SPACES , it Y1s RDR SPACES 3 n 011 PARKNG-SITE 10 811�PARKPIG-SECURE 20 TOTAL BIKE PARKING (2X) 2 Ga The owner is proposing to upgrade the current building through the transformation of the existing living spaces into 17 one bedroom units. The renovation of the existing structure will provide new rental units, upgraded living spaces, safety, energy use, building facades, landscaping and lighting on the existing site. There will be formalized amenity areas provided on the property along with a small parking lot at the rear of the site and garbage facilities on site. The building is located in close proximity to all major forms of public transit and walking distance to many amenities. Google Streetview Image *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance The applicant is requesting three minor variances from Zoning By-law 85-1 as noted below. Relief from Section 6.1.2. a) to allow 0.54 off-street parking spaces for each dwelling unit rather than the required 1.25 spaces per unit; 2. Relief from Section 6.1.2. b) to allow 1 visitor parking space rather than the required 3 spaces; and 3. Relief from Section 6.7 to provide 0 barrier free parking spaces rather than the one required space. 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 Low Rise Residential designation of the property supports locations for residential development and/or redevelopment. The proposed renovated 2 -storey building is permitted in the low rise residential designation of the Official Plan. 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 by-law stipulates parking requirements based on generalized development principles. This site in particular is located within easy walking distance to major public transit amenities and it is likely that some residents of the dwelling units will not have a personal motor vehicle. The provision of one visitor parking space and no barrier free space will not impede the development or surrounding properties. 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 multiple dwelling. The proposed rental units are needed within our community and will provide housing options. The parking reduction, visitor and barrier free parking reductions will not have any impact on the streetscape or abutting properties. 4. Is the proposal minor? The variances are minor for the following reasons. The parking reduction is minor as there are multiple options for public transit in close proximity to the development. The renovated building will not change in size but will be upgraded to create a more appealing street scape while maintaining the unique character of the older building. 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: The Building Division has no objections to the proposed variances provided the building permit for the change of use into a 17 unit multi -residential building is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: A parking justification letter and TDM plan was submitted in April 2019 by Paradigm Transportation Solutions Ltd. In support of this application (A2019-049) and after reviewing the report, Transportation Services can offer the following comments: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance • As a condition of approval, Transportation Services will require confirmation that the extra bicycle spaces beyond the minimum required, as per the TDM report, are constructed and maintained on-site. • As a condition of approval, Transportation Services will require confirmation that parking spaces will be unbundled from the residential units and sold/rented separately. Based on the alternative modes of transportation in the area (within 800m from the ION route, walking, cycling), Transportation Services can support the proposed parking variance provided that the two (2) above points are completed. Engineering Comments: No concerns. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 101-115 Margaret Avenue is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Heritage Planning staff has no concerns with the proposed minor variance. RECOMMENDATION That application A2019-049 requesting relief from Section 6.1.2. a) to allow 0.54 off-street parking spaces for each dwelling unit rather than the required 1.25 spaces per unit; relief from Section 6.1.2. b) to allow 1 visitor parking space rather than the required 3 spaces; and relief from Section 6.7 to provide 0 barrier free parking spaces rather than the one required space be approved subject to the following condition: 1. The owner shall receive final approval of a Site Plan Application. 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 May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT NUMBER: SUBJECT: Report: K_x wwwkitchener. ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Garett Stevenson, Planner— 519-741-2200 ext. 7070 10 May 14, 2019 DSD -19-121 Application A2019-050 149-151 Ontario Street North & 21 Weber Street West Owners — Kiah Group Inc., 1476795 Ontario Limited Applicant — Scott Patterson, Labreche Patterson and Associates Inc. Approve with Conditions Subject Properties On April 29, 2019, Kitchener City Council approved several sections of Stage 1 of the new zoning by-law, including new on-site parking regulations for properties within the Urban Growth Centre (UGC) zones. However, the UGC zones, Bonusing regulations in section 4.3, and the application of the zones to lands within the Downtown, were deferred. Staff Report Development Services Department K"'""' ' FR wwwki tchener. ca On May 13, 2019, the Planning and Strategic Initiatives Committee recommended approval of the UCG zones and Bonusing regulations, which will be considered at Kitchener City Council on May 27, 2019. Consideration of new UGC zoning for the subjects lands only was specifically deferred to a regularly scheduled Kitchener Council meeting on May 27, 2019 to allow time for the processing and consideration of this minor variance application, and to have the proposal be presented to Heritage Kitchener prior to new zoning being applied. A site plan application is anticipated in the coming days. Heritage Planning staff has received a draft Heritage Impact Assessment (HIA) dated February 2019 and revised March 18, 2019 prepared by Letourneau Heritage Consulting Inc., regarding a proposal to redevelop 149-151 Ontario Street North and 21 Weber Street West. The property municipally addressed 149-151 Ontario Street North contains a circa 1876 brick building originally constructed as semi-detached or "double house". The property is "listed" on the Municipal Heritage Register. 21 Weber Street West contains a commercial building built circa 1957. While 21 Weber Street West does not have heritage status, it is by definition located adjacent to the Civic Centre Neighbourhood Heritage Conservation District (across Weber Street West). ZIN, 11111411111 `��✓� 111111��111111111 Q 11111411113 lot' ����,�� 1111111y11�i�]7ltlit lob ���J �9f9� ,:1a�lti�lllilii i l � '����1111ii111i111Ul1y +i111111l111111111i1t t � � i1I11311,111111t Al I slog l so am Existing Buildings, 21 Weber Street and 149-151 Weber Street W I G - The development proposal, as currently conceived, retains the existing listed cultural heritage resource at 149-151 Ontario Street North and proposes demolition of 21 Weber Street West. A new 21 storey building would be built above, and around, the existing semi-detached dwelling. The developer has requested relief from Section 6 of Zoning By-law 85-1 to permit a mixed use building with no minimum parking requirement, which is consistent with the parking regulations (Section 5 of the new zoning by-law) approved for the UGC zones by Kitchener City Council. The Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca minor variance is required in order to meet transition policies in the new zoning by-law, such that the development would only have to comply with the current zoning regulations (Zoning By-law 85-1). Planning Comments: The subject lands are designed as City Centre District within the Urban Growth Centre (Downtown) Intensification Area. The lands are currently zoned as Office District Zone (D-4) in the current zoning by-law, and proposed to be zoned as UGC -1 with Site Specific Provision (1) in the new Zoning By-law. A site inspection as conducted on May 13, 2019. 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. General Intent of the Official Plan The Downtown will be planned to increase residential development, to conserve our cultural heritage resources and ensure new development and redevelopment is sensitive to, enhances and reflects our past, and o create and maintain a cycling and pedestrian -friendly and walkable Urban Growth Centre (Downtown). All development or redevelopment in the Downtown will have regard for the contribution to the public realm through the design of public, semi-public and private spaces and buildings. Pedestrian, cycling, and rapid and public transit modes of transportation will be given the priority over vehicular circulation and accommodation within the overall transportation system. The proposed building will not have any required on-site vehicle parking. Planning staff is recommending that the bicycle parking requirements from the new zoning by-law be required to be shown on the final site plan as a condition of approval for the minor variance application to support cycling as an active transportation option for the residents of the building. Active Transportation policies in the Official Plan allow the City to require new multi -unit residential to provide secure bicycle parking. The lands are designated as City Centre. The City Centre District is the heart of the Downtown and focuses around the original commercial area of King Street. This City Centre District is also characterized by several large office developments and by lot sizes and assemblies of lot sizes conducive to future large scale developments. One of the predominate uses in the district includes multiple residential and mixed use developments. Pedestrian -friendly developments are encouraged on the side streets and public lanes as well as King Street to maintain the district's pedestrian appeal and to maximize the points of attraction and to minimize walking distances. The podium of the proposed building will be positioned close to the Weber and Ontario streetlines, and with ground floor elevations are proposed to include large openings with vision glass allowing public view of the front and sides of the heritage resource. An evaluation of significant cultural heritage resources is undertaken in the UGC. Such evaluation includes the identification of specific heritage attributes which will be referenced and guide the review and approval of plans for heritage conservation, adaptive reuse, new development and infrastructure works. The developer completed an HIA which has concluded that the existing semi-detached dwelling at 149-151 should be retained and incorporated into a new development. Staff Deport Development Services Department 1 wR wwwki tchener. c a A high quality of urban design for buildings, building elevations, building massing, storefronts, store signs, patios, streetscapes and public spaces are required in order to enhance street life and create local pride and interest as well as tourism interest. Planning Staff has been advised that due to the position and size of the building proposed to be retained, underground parking is not easily achieved. At grade and above grade parking within the new portions of the proposed building could only be located along the Ontario and Weber streetlines, resulting in blank facade walls and non-active uses at grade. By eliminating the requirement for parking, large portions of the podium of the proposed building could feature vision glass to ensure that components of the heritage resource that is being retained can be viewed from the public realm. An additional stepback beyond the podium is proposed for the tower, setting the mass from Weber Street to transition from the lower rise buildings on the opposite side of the street. The proposed minor variance also conforms to Sustainable Development policies in the Official Plan which encourage redevelopment to strive to be increasingly sustainable by encouraging and supporting compact development and efficient built form and transit -supportive development and redevelopment and the greater use of other active modes of transportation such as cycling and walking. Based on the foregoing, Planning Staff is of the opinion that the requested minor variance meets the general intent of the Official Plan. 2. General Intent of the Zoning By-law The current Zoning By-law was first approved in 1985 and has been updated and amended over time. A new zoning by-law is required to implement the City's 2014 Official Plan. During this time of transition, there are some sections of the Zoning By-law that do not align with the direction of the 2014 Official Plan, including on-site parking regulations. As outlined in Staff Report DSD - 19 -049, which was presented to the Planning and Strategic Initiatives Committee on April 15, 2019 along with the first stage of the new zoning by-law, "the new approach to on-site parking regulations involves some big moves, such as minimum bike parking, no minimum automobile parking requirements in the Urban Growth Centre, lower minimum automobile parking requirements for most uses, updated shared parking, and EV -ready spaces... The approach to Parking regulations conforms to the Official Plan policies; including those for active transportation, transportation demand management, intensification, urban design, the environment, and others. This is consistent with the provincial and regional policies on transportation and intensification." As part of the review of the on-site parking regulations in the new Zoning By-law, comprehensive research was undertaken by the City as well as consultants retained by the City. The City retained Paradigm Transportation Solutions Limited to complete a report titled Comprehensive Review of Off -Street Parking & Loading Regulations. The recommendations of this report were utilized in developing some of the on-site parking rates. At the conclusion of that review, inconsideration of the planned function of the UGC, Planning staff, with the support of Transportation staff, recommended that there be no minimum parking requirements in the UGC for multiple dwelling, among some other non-residential uses. This approach would permit the market to determine the parking demand for a development. The current Zoning By-law also contemplates parking reductions in the Downtown. While the final size of the dwelling units is not yet determined for this project, should the development Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca proceed with units that are less than 51 square metres in size, the total parking requirement for the new building would be 23. At the time of the submission of the minor variance application, 36 of the proposed 126 units were below 51 square metres in size, resulting in a parking requirement of 87 spaces. The current zoning by-law also provides on-site parking exemptions for existing floor area and existing lots. While the current zoning by-law does not contemplate full parking exemptions for new multiple residential dwellings, there are exemptions for certain uses, as well as exemptions for new uses within existing buildings (at the time of the by-law being approved) in the "D" zones. Based on the foregoing, Planning Staff is of the opinion that the requested minor variance meets the general intent of the Zoning By-law. 3. Is the Variance Minor? The requested parking reduction is minor. Recent and ongoing investments and improvements to active and public transportation modes in the Downtown provides greater support to alternative modes of transportation. Private carshare and ride hailing services are available in the Downtown, as well as other areas throughout the City. Additionally, should a resident or visitor to the proposed building require vehicle parking, there are publically and privately owned parking lots and garages that could fulfil the demand, in the same way that current residents and employees in the Downtown without a provided parking space have met their needs. 4. Is the Variance Appropriate? The requested variance is appropriate. By eliminating the requirement for on-site parking, a residential intensification can occur on an irregular shaped lot that features an existing cultural heritage feature that is being retained. Eliminating the need for an at or above grade parking structure in the podium will result in a building base that features active uses at grade with a high percentage of vision glass, allowing view of the sides of the heritage feature from the public realm. The minor variance is required to have full compliance with Zoning By-law 85-1 in order for the development to proceed independent of the application of the new UGC zones. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the 21 storey apartment building is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services can support a `zero' parking rate for the proposed application based on the fact that both Planning and Transportation Services staff supported and recommended a `zero' parking rate (no minimum spaces) for multiple residential buildings within the Urban Growth Centre (Downtown) through the Comprehensive Review of the Zoning By-law. Heritage Comments: The property municipally addressed as 149-151 Ontario Street North is a listed property on the Municipal Heritage Register, and the property municipally addressed as 21 Weber Street North is adjacent to the Civic Centre Neighbourhood Heritage Conservation District. The larger development proposal on the subject properties contemplates the retention of the existing front portion of 149-151 Ontario Street North in situ. The proposed minor variance to request relief for 0 (zero) parking spaces would help facilitate the retention of the heritage building, and as such Heritage Planning staff has no concerns. Staff Deport Development Services Department Engineering Comments: Engineering staff has no objections to the proposed variance. Operations Comments: Operations staff has no objections to the proposed variance. Environmental Planning Comments: Environmental Planning staff has no objections to the proposed variance. RECOMMENDATION: 1 wR wwwki tchener. c a That Application A2019-050, requesting relief from Section 6 of Zoning By-law 85-1 to permit a mixed use building with no minimum parking requirement, be approved subject to the following conditions: That the Owner submit a complete site plan application under Zoning By-law 85-1 and comply with all transition policies of Section 18 of the new zoning by-law. 2. That the Owner receive full site plan approval by May 21, 2021, for a mixed use building, which includes the following bicycle parking configuration: A minimum one 1 Class A Bicycle Parking Stall for each dwelling unit. Each Class A Bicycle Parking Stall shall be a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle. ii. A minimum of 6 Class B Bicycle Parking Stalls. Class B Bicycle Parking Stalls shall be an area in which a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Report ) R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21St, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 3 DATE OF REPORT: May 13th, 2019 REPORT #: DSD -19-122 SUBJECT: A2019-051 — 25 Vanier Drive Applicant — Sandra & Alfredo Hernandez Recommendation: Approve with condition Location Map: 25 Vanier Drive REPORT �fo Planning Comments: The subject property located at 25 Vanier Drive is zoned Residential Nine Zone (R-9) in the Zoning By-law 85-1. The property is designated High Rise Residential in the Official Plan. Staff conducted a site inspection of the property on May 9th, 2019. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is requesting to legalize a duplex dwelling within a legal non -conforming semi- detached dwelling, whereas a duplex is not a permitted use in the zone. The applicant is also requesting permission to legalize a driveway with a width of 5.6 metres rather than the maximum permitted driveway width of 5.2 metres. } View of Existing Semi Detached Dwelling (May 9, 2019) 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. Addition of Use (Semi -Detached Duplex) General Intent of the Official Plan 1. The requested variance meets the general intent of the 2014 Official Plan. The Official Plan encourages redevelopment that provides for an appropriate range, variety and mix of housing types to satisfy the varying housing needs of the community. In addition, it encourages the retention and rehabilitation of existing housing to maintain the housing stock, stability, and community character of established residential neighbourhoods. General Intent of the Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The existing use of semi detached dwelling is not permitted in the zone because it is a low density use, whereas the zone permits only high density uses. The existing use is legal non -conforming. By adding a unit, the applicant is increasing the density of the property, bringing it closer to the intention of the Zoning By-law. Is the Variance Appropriate? 3. The proposed variance are considered desirable and appropriate for the development and use of the lands. No outside changes are proposed to the building and the second unit is existing. Therefore, no impacts to the neighbourhood are expected. Is the Variance Minor? 4. The variance is considered minor. The subject property abuts a landscaped area for a high rise residential tower so any impacts are considered to be minor. Driveway Widening General Intent of the Official Plan 1. The requested variance meets the general intent of the 2014 Official Plan. The Official Plan states that when minor variances are requested in order to facilitate residential intensification, the overall impact will be reviewed to ensure that the lands can function appropriately and not cause adverse impacts by providing adequate parking spaces and amenity area. The subject property contains a large rear yard for amenity, and the existing width of the driveway will facilitate adequate parking for the 2 residential units. General Intent of the Zoning By-law 2. The requested variance meets the general intent of the Zoning By-law. The regulation that limits driveways to 5.2 metres is to ensure that the front yard is not dominated by parking area and that there is room for landscaping. The driveway width of 5.6 metres is existing and represents a small increase that does not dominate the front yard. Staff is of the opinion that there continues to be adequate room for landscaping and therefore the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed variance are considered desirable and appropriate for the development and use of the lands. The driveway is existing at that width and will be resurfaced to comply with the Zoning By-law to contain one surface material, and will be more appropriate for the character of the neighbourhood. Is the Variance Minor? 4. The variance is considered minor. The requested increase represents a small increase in driveway width that will not pose any negative impacts and can therefore be considered minor. Building Comments: The Building Division has no objections to the proposed variance provided the building permit for the change of use into a duplex is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2019-051 requesting permission to legalize a semi-detached duplex dwelling having a driveway width of 5.6m rather than the permitted 5.2m (as amended) be approved, subject to the following condition: 1. That the driveway is returned to one consistent surface material (asphalt or concrete) to comply with the Zoning By-law by December 31St, 2019 Eric Schneider, BES Junior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo May 03, 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 (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: i I!ENO Ut t� 1�- ad �J I�[7r R www.kitchener. ca Committee of Adjustment May 21St, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 2 May 13th, 2019 DSD -19-123 APPLICATION #: B2019-015 23 & 25 Wendy Crescent Applicant: Yusuf Ishmail Approve with conditions Location Map: 23 & 25 Wendy Crescent .2 I', __IT REPORT w Semi—deacr.: _ j dwelling f23 t2; Parcel Area: Parcel Area; .342-8 sq.m. 34,B-6 sq.m. $ulldfng area: Building area - T05.7 sq.m. 105.7 eq -m_ Covergge° 30-9X I Coverage: 3Q.3% 3.25 SEVERED LOT �r O R ETAI N E C LIS 42 10.oTll 1J.l�tG Proposed lot fabrics �.7 M Planning Comments: The subject property is zoned Residential Four Zone (R-4) in the Zoning By-law and designated Low Rise Residential in the City's 2014 Official Plan. The property currently contains a semi- detached dwelling. The existing development of the neighbourhood consists single and semi- detached dwellings. The Owner is requesting permission to sever the subject lands into two lots to allow separate ownership of each semi-detached unit. The severed lot would have a lot width of 10 metres, a depth of 34 metres, and an area of 342.8 square metres. The retained lot would have a lot width of 10 metres, a depth of 34.5 metres, and an area of 348.6 square metres. City Planning staff conducted a site inspection of the property on May 13th, 2019. 2 Existing semi-detached dwelling at 23 &25 Wendy Crescent With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. 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. The proposed lots conform to the 2014 Official Plan. Both the retained and severed lots reflect the general scale and character of the established development pattern of surrounding lands. Based on the foregoing, Planning staff recommends that Consent Application B2019-015, requesting consent to sever the subject property into two lots to allow separate ownership of each semi-detached unit 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. Heritage Comments: No cultural heritage issues or concerns. 3 Environmental Planning Comments: No environmental planning concerns. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: No concerns. Each property already has individual sanitary and water services. Operations Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. RECOMMENDATION: That Application B2019-015 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That, 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 Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: �\�Subie( ab� 2a2 t 2 a9 l q� 241 FR�00 237 l zz; R www kitchener. ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 10 May 8, 2019 DSD -19-124 APPLICATION #: B2019-016 52 Wilhem Street Applicant: KWC Construction Management Approve with conditions Location Map: 52 Wilhelm Street \83 Proposed lot fabric REPORT The subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Five Zone (R-5) in the Zoning By-law. The subject property at 52 Wilhem Street is currently developed with a single detached dwelling. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots. The existing development of the neighbourhood consists of a mix of single detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area. The applicant is requesting consent to sever the subject property into two lots. The severed lot would have a frontage of 9.06 metres, depth of 41.89 metres, and an area of 366.37 square metres to accommodate a new single detached duplex dwelling, while the retained lot would have a frontage of 9.06 metres, a depth of 44.03 metres, and an area of 385.00 square metres to accommodate a new single detached duplex dwelling. City Planning staff conducted a site inspection of the property on May 1, 2019. 2 a T °F REPORT The subject property is designated as Low Rise Residential in the Official Plan and zoned Residential Five Zone (R-5) in the Zoning By-law. The subject property at 52 Wilhem Street is currently developed with a single detached dwelling. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots. The existing development of the neighbourhood consists of a mix of single detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area. The applicant is requesting consent to sever the subject property into two lots. The severed lot would have a frontage of 9.06 metres, depth of 41.89 metres, and an area of 366.37 square metres to accommodate a new single detached duplex dwelling, while the retained lot would have a frontage of 9.06 metres, a depth of 44.03 metres, and an area of 385.00 square metres to accommodate a new single detached duplex dwelling. City Planning staff conducted a site inspection of the property on May 1, 2019. 2 Existing single detached dwelling at 52 Wilhem Street Planning Comments: With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990. c.P. 13, both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law 85-1. Planning staff is of the opinion that the proposal conforms with the regulations of the Residential Five Zone (R-5). The proposed severance conforms to the City's Official Plan and the configuration of the proposed lots can be considered appropriate for the use of the lands. The lots conform to policy 17.E.20.5 of the Official Plan which requires both the retained and severed lots to reflect the general scale and character of the established development pattern of 3 surrounding lands. Both the retained and severed lots have frontage on a public street with full municipal services available. Based on the foregoing, Planning staff recommends that Consent Application B2019-016 requesting consent to sever the subject property into two lots be approved, subject to the conditions listed in the Recommendation section of this report. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • 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 Trevor Jacobs (519-741-2200 ext. 7136). • 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. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to building permit issuance. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The applicant is advised that the property municipally addressed as 52 Wilhelm Street is located within the Mt Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Heritage Planning staff has no concern with the proposed severance. Transportation Comments: Transportation Services has no concerns with the proposed application. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $4,167.60 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.06m) at a land value of $9,200 per frontage meter. RECOMMENDATION: That application B2019-016 requesting permission to sever the subject property into two lots be approved subject to the following conditions: That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes and/or local improvement charges. 2. That the Owner provide a digital file of the deposited reference plan(s) prepared by an That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either dwg (AutoCad) or Agn (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 in the amount of $4,167.60 which is required on the severed parcel as a new developable lot will be created by the severance. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 4. That the Owner make financial arrangements to the satisfaction of the City's Engineering Division for the installation of any new service connections to the severed and/or retained lands. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed lands and retained lands. 6. That any new driveways be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. 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. 9. That the Owner provides Engineering staff with confirmation that the basement 5 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. 10. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner L Region of Waterloo 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. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment J wR www.kitchener. ca May 21, 2019 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 3 May 7, 2019 DSD -19-125 APPLICATION #: B2019-017 177 Fifth Avenue Applicant: MHBC Planning Approve with Conditions "a-itW/lAm— Location Map: 177 Fifth Avenue f� Proposed lot fabrics REPORT Planning Comments: The subject property is described legally as Part Block F, Registered Plan 254. It measures 20.1 metres wide, 50.2 metres deep for an area of 1,008 square metres. There is a detached residential dwelling with a detached garage situated on the property. Surrounding land use is described as low rise detached and multiple dwelling residential. Lot sizes vary in width, depth, and area in this neighbourhood. The applicant is requesting permission to sever the subject lands into two lots to allow for the construction of detached residential dwellings on each lot. The severed lot would have a lot width of 10.05 metres, a depth of 50.2 metres, and an area of 502 square metres. The retained lot would have a lot width of 10.05 metres, a depth of 50.2 metres, and an area of 502 square metres. City Planning staff conducted a site visit of the property on May 7, 2019. 2 The proposal conforms to Provincial and Regional policies which encourage infill development to support and better utilize existing services. The City's Official Plan (OP) supports the Provincial and Regional direction on infill. The OP however contains policies to ensure infill development is sensitive to and compatible with surrounding context while recognizing that neighbourhoods may be stable but not static, meaning significant development is not expected, physical change will occur. In the context of those policies, staff is of the opinion this consent application will result in a lotting fabric that reflects the low rise residential scale and character of the established development pattern of surrounding lands. Through conditional approval, staff will ensure servicing, vegetation conservation and site designing are addressed before issuing final approval. 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 and retained lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. 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 where municipal services are available to service the lots. Based on the foregoing, Planning staff recommends that Consent Application B2109-017, be approved, and subject to 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. Separate building permit(s) will be required for the demolition of any existing buildings, as well as construction of any new industrial buildings. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: standard condition on both the severd and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition or building permit issuance whichever comes first. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new ones that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (519-741-2200 ext. 7136) 3 • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: • A cash -in -lieu of park land dedication will be required on the severed parcel as a new development lot will be created. The cash -in -lieu dedication required is $4,623.00 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.05m) at a land value of $9,200 per frontage meter. Severed property entry driveway must be confirmed during time of development. Two municipal trees have been identified as impacted by the future driveway access. Removal and replacement of the trees must be reviewed and approved by City of Kitchener Forestry Department. RECOMMENDATION: That Application B2019-017 requesting consent to sever the subject property to create one lot while retaining one 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 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 $4,623.00 The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or Agn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner 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 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. 6. That the Owner provide a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a complete Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 8. 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. 9. The Owner makes satisfactory arrangements to address existing boulevard trees that may be impacted to the satisfaction of the Director of City's Operations. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. 12. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks, fencing and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; 5 (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures including any city trees within the Fifth Avenue ROW. (b) Any alteration or improvement to the lands including grading, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 13. That the Owner obtains Demolition Control approval to the satisfaction of the Director of Planning. Brian Bateman MCIP, RPP Senior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner L Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT NUMBER: SUBJECT: w �x wwwkitchener. ca Committee of Adjustment May 21, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Garett Stevenson, Planner— 519-741-2200 ext. 7070 4 May 13, 2019 DSD -19-126 Application B2019-018 69 Amherst Drive Owner —Owl Properties Inc. Applicant — Kristen Barisdale, GSP Group Approve with Conditions pRcnARD Mid 0 L_ L I^� I w� zs Y}il{f IKID to- •r,xsrr xm 5�ffi I 5a T tta I Subject Property: 69 Amherst (Severed Lands, Dark Grey) (Retained Lands, Light Grey) Background: On April 8, 2019, the Committee of Adjustment approved Application B2019-013 severing a portion of 69 Amherst Drive that had 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. The served lands are municipally addressed at 118 Doon Valley Drive. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca The current application proposes an additional severance to the retained lands, being 69 Amherst Drive. 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 portion of the lands fronting onto Amherst Drive (existing single detached dwelling) are not required for future development plans and are proposed to be severed from the balance of the lands. Access to the retained lands is provided to Doon Valley Drive. The application proposes to sever a portion of 69 Amherst Drive that has 20.535 metres of frontage along Amherst Drive, a width of 20.925 metres at the proposed rear lot line, a lot depth of 30.480 metres, and a lot area of 632 square metres. IL I _ Existing Dwelling at 69 Amherst Drive (Source: Google Streetview) 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 Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 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 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 B2019-018 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 are to 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. Comprehensive Engineering approvals for the retained lands will be undertaken at the site planning stage. Operations Comments: Park land dedication will not be required for the application. Dedication requirements will be deferred until time of Site Plan Approval, if further development is to occur on the "retained" portion of the proposed severance. Environmental Planning Comments: The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment of the retained lands. RECOMMENDATION: That Application B2019-018 requesting to sever 20.535 metres of frontage along Amherst Drive, a width of 20.925 metres at the proposed rear lot line, a lot depth of 30.480 metres, and a lot area of 632 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. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Repoil Development Services Department J wR www.kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21St, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843 WARD: 3 DATE OF REPORT: May 13th, 2019 REPORT #: DSD -19-127 SUBJECT: APPLICATION #: B2019-019 49 Overland Drive Applicant: Dave Aston- MHBC Planning Defer Location Map: 49 Overland Drive REPORT Planning Comments: The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan. The property received site plan approval in 2018 for a self -storage warehouse facility. As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles and people have a way of safely entering and exiting the area in times of flooding. This has not been demonstrated by the applicant, and in discussions with the applicant this may require additional easements not specified in this application. Therefore, the application is premature and staff is recommending deferral. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of any existing buildings, as well as construction of any new industrial buildings Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: In addition to the consent application, a Site Plan application has also been received for this proposal. Environmental concerns will be address through the Site Plan process. Transportation Services Comments: Considering that funds for a future 1.5m sidewalk was taken through the site plan approval process, Transportation Services has no concerns with the proposed application. Engineering Comments: The proposed severance has changed from the approved Site Plan. Engineering will require updated Site Plan drawings for grading, servicing and stormwater management. 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 storm and water municipal services are currently available to service this property. The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard should be directed to Trevor Jacobs (519-741-2200 ext. 7136). Easements are required in favor of the City over existing sanitary sewer infrastructure on the severed and retained lands. Operations Comments: Park land dedication will not be required for the application. Dedication requirements have been established through Site Plan Application SP18/038/O/LT. 2 RECOMMENDATION: That Application B2019-019 requesting consent to sever the subject property into two lots and grant an easement over the retained lands in favour of the severed lands be deferred. Eric Schneider, BES Junior Planner Juliane von Westerholt BES, MCIP, RPP Senior Planner 3 Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 Version: 1 P1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: May 13, 2019 B 2019-019 — 49 Overland Drive RE: Application for Consent B 2019-019 49 Overland Drive, City of Kitchener Alphabet Overland Self Storage Inc. 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 Fax: (519) 621-4945 E-mail: thughes@grandriver.ca GRCA FILE: B2019-019 — 49 Overland Dr GRCA COMMENT*: Grand River Conservation Authority (GRCA) staff recommend deferral of the above noted consent application to allow additional time to demonstrate whether safe access is available. Please see our detailed comments below. BACKGROUND: Resource Issues: Information currently available at this office indicates that a portion of the subject property is within the Riverine Flooding Hazard (floodplain) of Schneider Creek and its associated 5 metre regulated allowance. The floodplain is designated as a One Zone Policy Area, meaning that the entire floodplain is considered "floodway". The floodway is the portion of a floodplain where development could cause a danger to public health and safety and/or property. The property is also adjacent to Schneider Creek and its 15 metre regulated allowance. 2. Legislative/Policy Requirements and Implications: We understand that the applicant is proposing a severance to create a new vacant industrial lot with an easement for stormwater management. In accordance with Provincial Policy Statement (2014) Section 3.1.2c and City of Kitchener Official Plan Section 6.C.2.9b, for proposed development, which includes the creation of a new lot, it must be demonstrated that vehicles and people have a way of safely entering and exiting the area in times of flooding. As such, we recommend deferral of the consent application until the applicant can demonstrate or acquire "safe access" for the proposed new vacant lot. Until the above comment is addressed, it is premature to comment on a proposed site plan application for the proposed severed or retained lands. Due to the features noted above, 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. Please note that any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. 3. Plan Review Fees: The GRCA applies Plan Review Fees for Planning Act applications located within GRCA areas of interest. This application is considered a `minor' consent application, with the Pagel of 2 applicable plan review fee of $410. With a copy of this correspondence, the applicant will be invoiced in the amount of $410.00. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, risha Hughes Resource Planner Grand River Conservation Authority cc: Alphabet Overland Self Storage Inc., 120 Adelaide St W, Suite 803, PO Box 27, Toronto, ON M5H 1T1 Dave Aston, MHBC Planning (via email) * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority Page 2 of 2 Staff Repoft Ki SFR Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 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: 2 DATE OF REPORT: May 8, 2019 REPORT NUMBER: DSD -19-128 SUBJECT: Application B2019-020 28 Burgetz Avenue Owner— MB Future Homes Ltd. Approve with Conditions Lands to be severed R `; �,�, S .. \\ 2 7r, .', Location Map: 28 Burgetz Avenue Report: The subject property is located at 28 Burgetz Avenue and contains a single detached dwelling which is an early 19th century two-storey log house. The subject lands are located in a low rise residential neighbourhood and Burgetz Avenue has been developed with semi-detached dwellings. The lands back onto a former Catholic elementary school site which is currently vacant and the school has been demolished. The existence of the log structure was unknown until very recently and the owner had originally planned to demolish the entire dwelling and redevelop the lands with low rise residential uses. However, upon discovery of the log structure, the owner completed a Heritage Impact Assessment (HIA) and Conservation Plan (CP), and is proposing to retain the log house in situ. In accordance with the findings of the HIA and CP, non-significant additions have been demolished. The owner is proposing to sever a lot containing the log house to sell to a future owner, while retaining the balance of the lands for future development. Staff Report Development Services Department K -x wwwkitchener. ca 2 RF 4 r 71 , Image 1: Dwelling at 28 Burgetz Avenue under renovation (photo taken April 24, 2019) Image 2: Dwelling prior to removal of additions & cladding (from Google Streetview, Sept. 2015) Staff Report Development Services Department K -x wwwkitchener. ca Planning Comments: The subject lands are designated as Low Rise Residential in the Official Plan and is zoned Residential Four Zone (R-4). The zoning and designation permit the single detached dwelling located on the lands to be severed, and a range of low-rise residential uses, including single detached dwelling, semi- detached dwelling and duplex dwelling are permitted on the retained lands. Future consent would be required should the owner wish to subdivide the retained lands further. The proposed lot size for the lands to be severed complies with the R-4 regulations and the proposed setbacks, lot coverage etc. also comply. As part of the renovations to the existing dwelling, the owner is proposing to add a new entrance and porch to the southwest wall of the log dwelling together with a new driveway. There is an existing hydro pole near this property line and any new driveway apron must be located a minimum distance of 1.0 from the hydro pole. In accordance with Engineering Services comments, the Owner is required to make arrangements for the cutting of the curb, and closure of existing driveways. Transportation Services staff has reviewed the driveway design, and are satisfied with the inclusion of a small `S' bend in the driveway. The layout is conceptually shown in Image 3 (below). The new driveway will need to be made operational prior to occupancy of the renovated dwelling. Image 3 — new driveway and porch location Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 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 Four (R-4) zone. The configuration of the proposed lots is compatible with the existing community, and appropriate and suitable for the existing dwelling and the future development of the retained lands. The lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. Based on the foregoing, Planning staff recommends that Consent Application B2019-020 requesting consent to sever the subject property be approved subject to the conditions listed in the Recommendation section of this report. Heritage Comments: The property municipally addressed as 28 Burgetz Avenue is not listed or designated under the Ontario Heritage Act. However, a Heritage Impact Assessment (HIA) and Conservation Plan (CP) were prepared in 2018 in support of an application to redevelop the property, as a result of discovery that the dwelling is an early 19th century log house. Based on the conclusions and recommendations of the HIA and CP, the proposed severance will not negatively impact the heritage attributes of the property or efforts to conserve the log house in situ. The HIA has concluded that the log house located on the subject property is a significant cultural heritage resource and meets the criteria under the Ontario Heritage Act for heritage designation. Consequently, heritage staff make the following recommendations in support of the proposed severance: 1. That the Heritage Impact Assessment dated March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC Planning Limited, be approved by the Director of Planning; and 2. That the owner enter in a modified subdivision agreement which shall require that the lands on which the log house is located be designated under Part IV of the Ontario Heritage Act. Building Comments: The Building Division has no objections to the proposed applications provided: 1) a. 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. b. A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. 2) A separate building permit will be required for any new structures on the retained property. 3) A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. Staff Report Development Services Department Transportation Comments: Transportation Services has no concerns with the proposed application. K"'""' NFR wwwki tchenr. ca Engineering Comments: • That the Owner provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. • That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 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 Trevor Jacobs (519-741-2200 ext. 7136). • That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. • That the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. • That the owner make arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. • That the Owner reconstruct or repair the retaining wall along the south-western property line to the satisfaction of the City's Director of Engineering and/or Chief Building Official. A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. 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 $11,635.70 Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (25.295m) 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. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca RECOMMENDATION: That Application B2019-020 proposing to sever a lot from 28 Burgetz Avenue having a width of 15.266 metres at the proposed front lot line and a lot area of 434.9 square metres, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $11,635.70. 4. That the Owner provide a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 5. That the owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections and the removal of redundant services to the severed lands and retained lands. 6. That the Owner submit a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 7. That the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 8. That the owner make arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping, closure of the redundant driveway ramp on the retained lands and installation of a new driveway ramp on the severed lands. 9. That the Owner reconstruct or repair the retaining wall along the south-western property line to the satisfaction of the City's Director of Engineering and/or Chief Building Official. A building permit will be required to replace the retaining wall if the wall exceeds 1000mm in height. 10. That the Owner receive approval of the Heritage Impact Assessment dated March 2018 and the Conservation Plan dated July 2018 and prepared by MHBC Planning Limited, for 28 Burgetz Avenue, from the City's Director of Planning. Staff Deport Development Services Department 1 wR wwwki tchener. c a 11. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed lands which shall include the following: a) That following the completion of building renovations contemplated under Building Permit 19-101721, the Owner agrees that the property containing the log house be designated under Part IV of the Ontario Heritage Act. b) That a 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 Chief Building Official. 12. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the retained lands which shall include the following: "That priorto any grading, tree removal, orthe application for or issuance of a building permit, the owner shall submit a Tree Preservation Plan in accordance with the City's Tree Management Policy. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved and must be prepared by qualified consultants, to the satisfaction of the City's Director of Planning. The owner further agrees to implement the approved plans. No changes to the plans shall be granted except with the prior approval of the City's Director of Planning." 13. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall addresses items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. Katie Anderl, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority. Staff Report _x Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner— 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: May 13, 2019 REPORT NUMBER: DSD -19-129 SUBJECT: Applications B2019-021, B2019-022, B2019-023 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street Owners — Breithaupt Block Inc., 2184647 Ontario Limited, Frederick Andrew Dobson, Paul Raymond Taylor, Kim Taylor, & Daniel Paul Taylor Applicant — Adrianne Bobechko, Perimeter Development Corporation Approve with Conditions X 0 Report: The lands are now designated as Mixed Use with Specific Policy Area 39 and zoned as High Intensity Mixed Use Corridor (MU -3) with Special Regulation Provisions 716R, 717R, & 718R and Special Use Provisions 465U and 468U. The Official Plan policies and Zoning By-law regulations are site specific and would permit an office building subject to specific height and setback Staff Report Development Services Department K_x wwwkitchener. ca provisions, among other considerations. The site specific applications to change the land use permissions were subject to public consultation. The Owner received final approval of an Official Plan Amendment and Zoning By-law Amendment applications for the subject lands, issued by the Local Planning Appeal Tribunal on May 3, 2019. The Owner is now proceeding with site plan and related development applications to develop the property with an office building. Three applications have been received by the City of Kitchener. Application B2019-021 — Severance Application This application requests permission to sever 20 Breithaupt Street into two parcels, where the severed lands (red horizontal stripes below) would be consolidated with 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North and a portion of the lane to be closed (in black with no stripes below). The severance is requested for construction financing reasons, and all lands will remain in the same ownership. WELLINGTON STREET NORTH _ �PUBI 0- NO zt E AALN t P H �nk4a5 .k J ir.a[lly.pr NMdIY� .. BREJT"AUPT �8i STREET SEYE �� '.`ar • ru.. ie+e.. ...... tem e•1t1c The application proposes to sever a portion of 20 Breithaupt Street that has 43.2 metres of frontage along Breithaupt Street, a depth of 48.1 metres, and a lot area of 2069.0 square metres. As a condition of site plan approval, once all lands are in the same ownership, the severed lands will be consolidated with 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, and a portion of the lane that is proposed to be closed. The consolidated parcel will be developed with an office building. The retained lands will be municipally addressed as 30 Breithaupt Street, and are proposed to remain as surface parking at this time. The requested easement will ensure that the lots can function as a comprehensive site in terms of servicing and access, notwithstanding the proposed severance. Staff Report Development Services Department w �x wwwkitchener. ca 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 site specific zones. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The purpose of the severance is to have two separate parcels to accommodate construction financing considerations for the portion which will be redeveloped at this time. Based on the foregoing, Planning staff recommends that Consent Application B2019-021 requesting consent to sever the subject property be approved subject to the conditions listed in the Recommendation section of this report. Application B2019-022 — Easement Application This application requests permission to create a 14.1 metre wide easement (shown with red hatching below) over a portion of the severed lands (red horizontal stripes below), in favour of the retained lands (green vertical stripes below). The easement is proposed to accommodate access, parking, and servicing with the severed lands. VVELL#NGTON STREET NORTH M i LANI s Cit I" 5UTAW BRF-IT°HAUPT �+it}wn�ra r:n �iai Y5 Iffl-EW This application proposes an easement over a portion of the severed lands, in favour of the retained lands. The easement is proposed to accommodate access, parking, and servicing with the severed lands. The proposed easement is 14.0 metres wide along Breithaupt Street and 14.1 metres wide along the lane, 48.1 metres deep, with an area is approximately 678.2 square metres. Staff Deport Development Services Department 1 wR wwwki tchener. c a With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the proposed easement is desirable and appropriate. The size, dimensions and shape of the proposed easement is suitable for the use of the lands. The severed lands, along with 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, and a portion of the lane that is proposed to be closed, have been comprehensively planned to be developed with an office building. Planning staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe and the City's Official Plan. Based on the foregoing, Planning staff recommends that Consent Application B2019-022 requesting an easement over a portion of the severed lands be approved subject to the conditions listed in the Recommendation section of this report. Application B2019-023 — Lease in Excess of 21 Years This application requests permission to enter into a lease agreement for 27,318 square metres (294,057 square feet) (proposed building shown as grey below) in excess of 21 years to a single tenant. The lands include all of 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed (teal hatching below). WELLINGTON STREET NORTH UREIiTHAUP : STREET '��. i. The Owner has requested consent to enter into a lease agreement in excess of 21 years all of 2- 12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed. The lease would apply to all floor area of a proposed building, with a total floor area of 27,318 square metres (294,057 square feet). Under section 50.(3) of the Planning Act no person shall "enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless... (f) a consent is given to convey, mortgage or charge the land, Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land". Staff is of the opinion that the requested consent would not have any negative impacts and support the proposed lease. Further, staff is of the opinion that the proposed lease in excess of 21 years is consistent with the policy statements issued under subsection 3(1) of the Planning Act, does not conflict with any applicable provincial plans, and conforms to the City's Official Plan. The approved zoning permits the proposed office building. Based on the foregoing, Planning staff recommends that the application requesting a lease agreement in excess of 21 years for all of 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed, encompassing all floor area of the proposed building, with a total floor area of 27,318 square metres (294,057 square feet), be approved. Building Comments: The Building Division has no objections to the proposed applications. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with the proposed severance, easement, and lease. 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 applicant is advised that the property municipally addressed as 20 Breithaupt Street is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering requirements will be determined and satisfied through Site Plan Application SP19/037/B/GS. Operations Comments: Park land dedication will not be required for the application. Dedication requirements have been established through Site Plan Application SP19/037/B/GS. Environmental Planning Comments: The applicant is advised that the Tree Management Policy will apply at the time of the redevelopment of the retained lands. RECOMMENDATION: I. That Application B2019-021 requesting to sever a portion of 20 Breithaupt Street that has 43.2 metres of frontage along Breithaupt Street, a depth of 48.1 metres, and a lot area of 2069.0 square metres, be approved subject to the following conditions: Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. II. That Application B2019-022 requesting an easement over a portion of the severed lands, in favour of the retained lands, that is 14.0 metres wide along Breithaupt Street and 14.1 metres wide along the lane, 48.1 metres deep, with an area is approximately 678.2 square metres, be approved subject to the following conditions: 1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity. III. That application B2014-023, requesting consent to enter into a lease agreement for a period of 21 years or more for all of 2-12 & 26 Moore Avenue, 43, 47, 53 & 55 Wellington Street North, 20 Breithaupt Street, and a portion of the lane that is proposed to be closed, encompassing all floor area of the proposed building, with a total floor area of 27,318 square metres (294,057 square feet), be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCI P, RPP Planner Senior Planner Region of Waterloo Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i o nofwate rl oo. ca Matthew Colley 575-4757 ext. 3210 File No. D20-20/19 KIT May 14, 2019 Re: Comments for Consent Application B2019-015 through B2019-023 Committee of Adjustment Hearing May 21, 2019 CITY OF KITCHENER *k11 pall N1 23 & 25 Wendy Crescent Yusuf Ishmail The owner/applicant is proposing a severance to allow for two separate parcels for an existing semi-detached dwelling. 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. Corridor Planning Regional Staff advise that the proposed severed and retained lots are located within the 6.Okm of outer area of airport zoning area; and located under the airport runway take -off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Document Number: 2999380 Version: 1 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. :]KOI Da1Z [1 52 Wilhelm Street 4Front Design Build Partners The owner/applicant is proposing a severance to allow for two separate parcels to construct a two storey duplex on 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. Noise Study A detailed noise study will be required to assess the impacts of road traffic from Weber Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close proximity to the proposed development. 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 as 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 owner/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. 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: Document Number: 2999380 Version: 1 https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise- 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 payment to the Region of Waterloo, the Consent Application Review Fee of $350.00. 2) That prior to final approval, the applicant submit an Environmental Noise Study to the Region of Waterloo for review and approval, 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. B2019-017 177 Fifth Avenue c/o MHBC Planning The owner/applicant is proposing to sever the property into two lots. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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: 2999380 Version: 1 B2019-018 69 Amherst Drive Owl Properties Incorporated The owner/applicant is proposing to sever the existing single detached residential lot from the balance of the land holding. 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. Archaeological Assessment: The subject property possesses some potential for the recovery of archaeological resources due to the proximity to an historic road and proximity to a water course (The Grand River). However, due to disturbance that has occurred on the subject property since the development of the original subdivision, Regional staff will not be requiring the submission of an Archaeological Assessment. However, the owner/applicant of the subject property should be made aware that: • If archaeological resources are discovered during the development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Tourism, Culture and Sport. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, • If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations 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: 2999380 Version: 1 B2019-019 49 Overland Drive Alphabet Overland Self Storage Inc. The owner/applicant is proposing a severance for the creation a new industrial lot. The severed land is site plan approved for a self storage use. The retained land is proposed for a contractor yard. The owner/applicant requires an easement for stormwater management over the retained lands in favour of the severed lands. 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca Record of Site Condition The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination on the property. However, in accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is not required for the proposed severance. 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: 2999380 Version: 1 B2019-020 28 Burgetz Avenue MB Future Homes Ltd. The owner/applicant is proposing a residential lot 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. Corridor Planning Regional Staff advise that the subject lands are located under the airport runaway take- off approach surface and as such subject to all provisions of Airport Zoning and Federal Aviation. For further information please contact Kevin Campbell at: KCampbell(d)-regionofwaterloo.ca 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. B2019-021 through B2019-23 20-24 Breithaupt Street 2184647 Ontario Limited & Breithaupt Block Inc. The owner/applicant is proposing to sever the subject property due to construction financing requirements for the proposed Phase 3 development of the Breithaupt Block. B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant an easement between the severed properties in favour of the retained lands for access purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years. 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 B2019-021. Document Number: 2999380 Version: 1 Record of Site Condition: The subject property is identified in the Region's Threats Inventory Database (TID) as having a high threat of contamination both on and adjacent to the property. In accordance with the Region's Implementation Guideline for the Review of Development Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) would be required for the proposed consent applications. Regional Staff acknowledge that RSC #222924 was completed for the proposed severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied with the submission of an RSC and have no further comments. Regional staff has no objection to the applications, 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. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, / l Matthew Colley Planner Document Number: 2999380 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority.