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HomeMy WebLinkAboutCA Agenda - 2020-09-15THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 �IT{'� ip �`�' 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 electronically on TUESDAY, September 15, 2020 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. 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 register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at kitchener. ca/watch now. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up- to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday September 14, 2020. To register please email Dianna.Saundersona-kitchener.ca or via phone at 519-741-2203. When registering you must provide your full contact name including mailing address, email address, phone number and application you would like to comment on. Once you are registered you will receive an email including information on how to connect to the Zoom meeting (i.e. weblink of conference call number); • You can provide a written submission no later than 8:30 a.m. Tuesday September 15, 2020, which would be circulated to the Committee for consideration. All written submissions MUST include your full name, mailing address, phone number and email address if possible. Failure to include your contact information will prevent it from being circulated to the Committee. Even if you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available 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 AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2020-045 - 1283 Victoria Street North Permission to convert an existing commercial building into a retail cannabis store in a C-6 Zone, whereas the By-law does not permit a retail use in a C-6 Zone; to legalize the existing side yard setback of 1.89m rather than the required 3m; and, to permit a 0.5m encroachment into the Driveway Visibility Triangle (DVT) whereas the By-law does not permit encroachments into the DVT. A 2020-046 - 221 Vanier Drive Permission to legalize an existing triplex in an R-3 Residential Zone, whereas the By-law does not permit a triplex in an R-3 Zone. Page 1 of 5 A 2020-047 - 6 Pequegnat Avenue Permission for the existing single detached dwelling to have the required parking space located within the garage to be 3.04m wide by 5.1 m length rather than the required 3.04m wide by 5.49m length. A 2020-048 - 581 Strasburg Road Permission for an existing multi -residential development containing 35 -units to have balconies that are supported by the ground and extend 1.4m into the required 6m side yard setback, whereas the By-law does not permit encroachments into the side yard setback. The proposed setback for the proposed balconies is 4.6m. A 2020-049 - 26 Sixth Avenue Permission to convert a single detached dwelling into a duplex having 1 required off-street parking space to have a width of 2.44m rather than the required 2.6m. A 2020-050 — 598, 604 and 608 Victoria Street South Permission to construct a 24 -unit stacked townhouse development having a front yard setback of 4.5m rather than the required 7.7m; having a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted FSR of 0.6; and, a parking rate of 1.15 parking spaces/per-unit (28 off-street parking spaces) rather than the required 1.75 parking spaces/per- unit (42 off-street parking spaces). A 2020-051 - 14 Tweedsmuir Court Permission to construct a garage in the rear yard of an existing single detached dwelling, the proposed garage will have a height of 7.9m rather than the maximum permitted 5.5m; and, the underside of the fascia will have a height of 3.8m rather than the maximum permitted 3m. A 2020-052 - 261 Woodbine Avenue Permission to construct an 86 -unit stacked townhouse development having a building height of 11.3m rather than the maximum permitted 10.5m; having a vertical distance from the lowest finished grade of 120% rather than the maximum permitted 110%; and, to allow the required off-street parking not designated for visitor use to be located within the front fagade of the building and the front lot line whereas the By-law does not permit the required off-street parking to be in front of the building fagade. A 2020-053 - 80 McGee Avenue Permission to construct a 3 -storey multi -residential development containing 34 -units having 1.18 off-street parking spaces/per-unit rather than the required 1.75 off-street parking spaces/per-unit; having 10% declared visitor parking rather than the required 15%; and, no exclusive patio area on the ground floor whereas the By-law requires an exclusive ground floor patio area. The current use of the building is multi -residential containing 19 -units with ground floor commercial space. A 2020-054 - 115 Parkvale Drive Permission to construct an uncovered, unenclosed deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 4m. A 2020-055 - 61 Irvin Street Permission to convert a duplex into a triplex on a lot having a width of 12.9m rather than the required 15m; having a southerly side yard setback of 0.71m rather than the required 1.2m; a front yard setback of 4.28m rather than the required 4.5m; to permit 1 required parking space to have a width of 2.48m rather than the required width of 2.6m; to permit 2 required off-street parking spaces to be located between the front fagade whereas the By-law does not permit parking between the front fagade and the street line; and, to permit 2 required off-street parking spaces located in the front yard to have a length of 4.28m rather than the required length of 5.49m. A 2020-056 - 49 Licthy Crescent Permission to legalize an existing retaining wall in the rear yard of a single detached dwelling having a southerly side yard setback of 1.02m rather than the required 1.22m. A 2020-057 - 114 Blair Creek Drive Permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.14m rather than the required 7.5m. A 2020-058 - 64 Grand Flats Trail Permission to construct a single detached dwelling having a driveway located 7.93m from the intersection of Rivertrail Avenue and Grand Flats Trail rather than the required setback of 9m. Page 2 of 5 A 2020-059 - 132 Wilhelm Street Permission to construct a 1 -storey addition in the front yard of an existing single detached dwelling having a front yard setback of 5.15m rather than the required 6.15m. A 2020-060 - 36 Jacob Gingrich Drive Permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.63m rather than the required 7.5m. A 2020-061 - 35 Sheldon Avenue North Permission to construct a 3 -storey building in the rear yard of an existing single detached dwelling to convert the single detached dwelling into a residential care facility (use permitted by current Zoning) having a maximum front yard setback of 34.3m rather than the maximum permitted 7.5m; a minimum Floor Space Ratio (FSR) of 0.75 rather than the required FSR 1.0; to permit suites on the ground level of the residential care facility whereas the By-law does not permit suites to be located on the ground floor level; to permit a residential care facility with more than 9 residents without consolidating with the lands fronting onto King Street; and, to have a residential care facility with 5 off-street parking spaces rather than the required 6 off-street parking spaces. A 2020-062 - 6 Willow Green Court Permission convert a single detached dwelling into a duplex having 1 required off-street parking space located 2.3m from the street line rather than the required 6m. A 2020-063 - 353 Krug Street Permission to legalize an existing carport in the easterly side yard of a single detached dwelling having a side yard setback of 0.6m rather than the required 1.2m. A 2020-064 - 193 Strange Street Permission to construct a garage in the rear yard of an existing single detached dwelling having a side yard setback of 4.5m from Elm Street rather than the required 6m. A 2020-065 - 192 Woowich Street Permission to construct a garage in the northerly side yard of an existing single detached dwelling, with the garage having a side yard setback of 3m rather than the required 7.5m. A 2020-066 - 110-136 Fergus Avenue Permission to construct a multi -residential condominium development having 0 barrier -free parking spaces for the first phase of the development rather than the required 1 barrier -free parking space. The required variance is intended to allow a phased -approach to condominium development. A 2020-067 - 297 Ottawa Street South Permission to convert a single detached dwelling into a triplex having a southerly side yard setback of 0.3m rather than the required 4.5m; having parking located between the front fagade and the street line whereas the By-law does not permit parking between the front fagade and the street line; having a driveway located 0.3m from the intersection of Ottawa Street South and Acacia Street rather than the required setback of 9m; and, to legalize the existing driveway located within the 7.2m Corner Visibility Triangle (CVT) whereas the By-law does not permit encroachments within the CVT. A 2020-068 - 175 Queen Street North Permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 1 off-street parking space/per-unit (165 off-street parking spaces) for a multi -residential dwelling totaling over 61 -units, rather than the required 1.25 off-street parking spaces/per-unit (206 off-street parking spaces); having 6 off-street visitor parking spaces rather than the required 41 off-street visitor parking spaces (20% required); and, having 2 barrier - free parking spaces rather than the required 6 barrier -free parking spaces. A 2020-069 - 20 Hollybrook Trail Permission to construct a single detached dwelling having a driveway located 7.Om from the intersection of Hollybrook Trail rather than the required setback of 9m. A 2020-070 - 43 Hollybrook Trail Permission to construct a single detached dwelling having a driveway located 7.Om from the intersection of Forest Creek Drive and Hollybrook Trail rather than the required setback of 9m. Page 3 of 5 A 2020-071 - 158 Pondcliffe Drive Permission to construct a single detached dwelling having a driveway located 7m from the intersection of Hollybrook Trail and Pondcliffe Drive rather than the required setback of 9m. A 2020-072 - 900 Pondcliffe Court Permission to construct a single detached dwelling having a driveway located 6.4m from the intersection of Hollybrook Trail and Pondcliffe Court rather than the required setback of 9m; and, having a side yard setback abutting Hollybrook Trail for the front porch of 4m rather than the required 4.5m. A 2020-073 - 916 Pondcliffe Court Permission to construct a single detached dwelling having a driveway located 7m from the intersection of Pondcliffe Court rather than the required setback of 9m; having a side yard setback abutting Pondcliffe Court for the covered front porch of 4m rather than the required 4.5m; and, a rear yard setback of 7m rather than the required 7.5m. B 2020-026 - 225 Fairway Road South Permission for a lease in excess of 21 years to Chick-Fil-A for 3,486 sq.m. of the northwest corner of the subject property owned by Cadillac Fairview. B 2020-027 & B 2020-028 - 11 Chicopee Park Court Permission to sever two parcels of land and retain one parcel for residential development. Severed Lot 1 identified on the plan submitted with the application will have a width of 9.666m, a depth of 35.956m and an area of 347.069 sq.m. Severed Lot 2 identified on the plan submitted with the application will have a width of 9.683m, a depth of 35.841 and an area of 345.841 sq.m. The retained land will have a width of 9.674m, a depth of 35.481m and an area of 344.158 sq.m. B 2020-029 - 442 Old Chicopee Trail Permission to sever a parcel of land having a width of 18.288m, a northerly depth of 52.112m and an area of 933 sq.m. The retained land will have a width of 21.947m, a northerly depth of 74.777m and an area of 1382 sq.m. Both parcels are intended for residential development. B 2020-030 - 58 Barbara Crescent Permission to sever a parcel of land having a width of 9.441m, a depth of 49.255m and an area of 550.4 sq.m. The retained land will have a width of 9.442m, a depth of 49.255m and an area of 531.3 sq.m. Both parcels are intended for residential development. B 2020-031 - 500 Karn Street Permission to sever a parcel of land having a width of 10.211m, a depth of 41.6m and an area of 439.5 sq.m. The retained land will have a width of 10.211 m, a depth of 42.2m and an area of 439.3 sq.m. Both lots are intended for residential use; the existing dwelling will be demolished. B 2020-032 - 160 Strange Street Permission to sever a parcel of land having a width of 15.34m, a depth of 40.82m and an area of 630.48 sq.m. The retained land will have a with of 10.32m, a depth of 40.82m and an area of 414.54 sq.m. The retained land is proposed for a single detached dwelling and the severed parcel is intended for semi-detached dwellings. B 2020-033 - 4 Westgate Walk Permission to sever an irregular-shaped parcel of land in the westerly rear yard of a lot having a width of 47.63m, an approximate depth of 48m and an area of 1920 sq.m. to be conveyed as a lot addition to Lot 3, Registered Plan 977. The existing property (retained land) will have a width of 54.24m, a depth of 47.446m and an area of 3,326 sq.m. is comprised of 2 whole lots on a plan of subdivision and the lot line adjustment is intended to facilitate maintaining the existing dwelling and establishing a new lot to the west intended for residential development. B 2020-034 to B 2020-036 - 956, 958, 960, 962 Glasgow Street Permission to sever 3 parcels of land and retain one parcel to establish the existing townhouse development as freehold townhomes rather than a condominium development. B 2020-034 - 956 Glasgow Street (Severed Parcel 1) B 2020-035 - 958 Glasgow Street (Severed Parcel 2) Width - 17.74m Width - 9.48m Depth - 45.19m Depth - 44.62m Area - 734 sq.m. Area - 423 sq.m. Page 4 of 5 B 2020-034 to B 2020-036 - 956, 958, 960, 962 Glasgow Street (Cont'd) B 2020-036 - 960 Glasgow Street (Severed Parcel 3) Width - 9.45m Depth - 44.16m Area - 420 sq.m. Retained Land - 962 Glasgow Street (Corner Lot) Width 54.51 Depth - 38.66m Area - 1,292 sq.m. B 2020-037 - 1541 Highland Road West Permission to create an easement having an easterly width of 3m, a depth of 24.67m and an area of 144.93 sq.m. in favour of the adjacent property municipally addressed as 1557 Highland Road West for sanitary services. B 2020-038 & A 2020-074 - 31 Wilfong Drive and 15 Mitierra Drive Permission to sever a parcel of land municipally addressed as 31 Wilfong Drive having a width of 19.74m, a depth of 41.45m and an area of 724 sq.m. The retained land is municipally addressed as 15 Mitierra Drive and has a width on Mitierra Drive of 32.97m, a depth of 62.08m and an area of 2002 sq.m. Permission is also being requested for a minor variance for 31 Wilfong Drive to have a lot area of 724.39 sq.m. rather than the required 929 sq.m. The parcels were previously separate properties that merged on title. CC 2020-002 & CC 2020-003 - 32 Forwell Road Permission is being requested to modify Conditions 3 and 8 of Provisional Consent decisions B 2019-074 and B 2019- 075 granted by the Committee of Adjustment on January 21, 2020, related to the requirements for obtaining a Record of Site Condition and Parkland Dedication, stating financial and deadline concerns to achieving clearance of these conditions. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; 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 hol Iy.dysona-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 28th day of August 2020. 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 AUGUST 28, 2020. Page 5 of 5 Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 1511, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 1 DATE OF REPORT: September 3Id, 2020 REPORT #: DSD -20-109 SUBJECT: A2020-045— 1283 Victoria Street North Applicant — Drew Gillingham on behalf of 536357 Ontario Limited Recommendation: Approval with conditions Location Map: 1283 Victoria Street North REPORT Planning Comments: The subject property located at 1283 Victoria Street North is zoned Arterial Commercial Zone (C-6) in the Zoning By-law 85-1 and designated Commercial in the City's Official Plan. The applicant is proposing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. to renovate the existing building for a retail use and cannot meet the requirements of Section 12 of the Zoning By-law. The applicant is requesting relief from: a) Section 12.1 to permit a retail use, whereas a retail use is not permitted within the C-6 zoning; b) Section 12.2.1 to permit an existing side yard setback of 1.51 metres whereas 3.0 metres is required. c) Section 5.3 to allow a 0.5 metre encroachment for a parking space located within the driveway visibility triangle whereas no encroachment is permitted within the driveway visibility triangle. City Planning staff conducted a site inspection of the property on August 26, 2020. 1283 Victoria Street North (Side view) 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 Commercial in the City's Official Plan. The proposed variance meets the intent of the designation, as lands designated for commercial use provide a range of commercial options and ensures the uses are well distributed, accessible and able to respond to the City's residents. Also, lands designated Commercial are intended to provide for a range of retail uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhood. The addition of a retail use meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances to permit a retail use, to legalize a side yard setback of 1.51 metres whereas 3.0 metres is required and to allow a 0.5 metre encroachment for parking within the driveway visibility triangle whereas no encroachment is permitted, all meet the general intent of the Zoning By-law. The variance to permit a retail use is considered minor as it is the direction of the City's new Zoning By-law 2019-051 that will permit retail uses in the area. However, it is noted that the 2019-051 By- law is currently under appeal and cannot be used for this report. Staff is satisfied that by permitting the retail use on the property ahead of the new By-law coming into effect meets the general intent of the Zoning By-law. The variance to legalize an existing side yard setback of 1.51 metres recognizes an existing situation as the setback of the building to the property line has existed for a long period of time with no adverse effects. Lastly, the variance to allow a 0.5 metre encroachment for parking within the driveway visibility triangle whereas no encroachment is permitted is as a result of a road widening allowance that is being taken for Natchez Road, which consequently will affect the parking lot setback. Staff is satisfied that the requested variances meet the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that requested variances are minor and the approval of this application will not present any significant impacts to adjacent properties or the overall neighbourhood. The new development encourages a mixed use within the neighbourhood and is at a scale and density that is appropriate. Application in Appropriate 4. The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. ur,th rENCE WE RACKSEE OR-1522'1f�:7L.IN .�.+.. \\ +� o 11, STY H61IC.I 1 STY. ".:fin F'S ' v r } v U q rr'•O RI DST I i WKE RAC. — -- -- N33°13°WW L:0.540mt10021 j REPLACE ASPHALT IN RGAD fflDENNG WITH LAM)SCAPING ` ROAD WIDE*ING �'�� E i E— 'J .8 T' - 8.0m A N 1A T /+ 7 k.. H E L R /� /� I'1� Q A d TMP 150 x131§ lOYE iTOCJ CLOSE MUCRETE CURE, To DE.C. Proposed Site Plan —1283 Victoria Street North Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services does not have any concerns with the small overlap between the Driveway Visibility Triangle (DVT) and the barrier -free parking space. Given the road widening that is being taken, there will still be plenty of space for vehicles to move beyond the DVT and have adequate sightlines for egressing to the roadway. Environmental Comments: The property is adjacent to Kolb Creek and its riparian area. One Zone (Engineered) Floodplain is associated with the creek and extends over the entire property. Kolb Creek and its riparian area is a cold/cool water stream system. The creek and riparian area are considered an Ecological Restoration Area (ERA) in the new Kitchener Official Plan (adopted June 2014) and have been illustrated in the current zoning by law as an overlay. Staff advises that the presence of an identified ERA may place limitations or conditions on adjacent lands related to development, redevelopment or site alteration -- especially when drainage characteristics, site grading and/or stormwater management are being altered. As this application is to permit an additional use only an EIS and/or conditions will not be requested. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-045 requesting relief from Section 12.1 to permit a retail use, whereas a retail use is not permitted; Section 12.2.1 to permit an existing side yard setback of 1.51 metres whereas 3.0 metres is required; and Section 5.3 to allow a 0.5 metre encroachment for a parking space located within the driveway visibility triangle whereas no encroachment is permitted within the driveway visibility triangle, 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 Zoning (Occupancy) Certificates are obtained from the Planning Division to establish the Retail use on the property. 3. That all conditions shall be completed prior to July 1St, 2021. 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 J I aiu ne von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report AaR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15th, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner- 519-741-2200 ext. 7860 WARD: 3 DATE OF REPORT: September 3Id, 2020 REPORT #: DSD -20-110 SUBJECT: A2020-046 - 221 Vanier Drive Applicant - Andrew Head on behalf of Ruby Reid Recommendation: Approve with conditions Location Map: 221 Vanier Drive REPORT Planning Comments: The subject property located at 221 Vanier Drive is zoned Residential Three Zone (R-3) in the Zoning By-law 85-1. The property is designated Low Rise Residential in the Official Plan. The *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. applicant is requesting to legalize the use of the property as a triplex, whereas a multiple dwelling is not a permitted use in the zone. The applicant has submitted a site plan application for the triplex use that is currently under review. Staff conducted a site inspection of the property on August 26th, 2020. 221 Vanier 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 the Official Plan 1. The requested variance meets the general intent of the City's 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 property has been used as a triplex previously and functioned without issue. The general intent of the Zoning By-law is to provide for overall low density uses in the zone. Staff is of the opinion that adding one additional unit above the maximum of 2 (duplex) in this zone will still provide for a low density use and will therefore continue to meet the general intent of the Zoning By- law. Application is Minor 3. The variance is considered minor. The addition of 1 unit is a small increase and is not expected to cause adverse impacts. The site conditions allowing for 3 units are already existing. Application is Appropriate? 4. The triplex use is appropriate for the neighbourhood. The applicant does not propose any alterations to the building or the site, as sufficient parking exists. The use of triplex is a low density use and can be considered appropriate in this low density neighbourhood. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any 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 A2020-046 requesting permission to convert an existing duplex into a triplex use whereas the By-law does not currently permit a Triplex in the existing zone be approved, subject to the following conditions: 1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Multiple Dwelling use on the property. 2. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 3. That all conditions shall be completed prior to July 1St, 2021. 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. r Tim Seyler, BES Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Sept. 4, 2020 City of Kitchener, Committee of Adjustment Re: Application for Minor Variance, 221 Vanier Drive We are not surprised that a variance application had to be made for this property. The structure in question is so obviously in violation of city zoning regulations that we were surprised a building permit was granted. Under the circumstances, we strongly oppose this application. When we called the city to voice our alarm about this project during construction, we were assured the owners had a building permit for an addition to create space for an elderly family member. Anybody looking at the structure knew that it was never going to be a granny flat. The owners are now acknowledging that they have built a triplex. Based on the number of vehicles in and around this property, we suspect it is nothing more than a glorified rooming house. In the course of trying to sell the property last year (for around $1 million), the owners were informed the addition was illegal and the property, therefore, unsellable. Having refused to ask for permission, they are now asking for forgiveness. This is a neighbourhood in transition. Many single-family homes have been converted into two -unit rentals, most of them successfully. As proponents of affordable housing and diverse neighbourhoods, we have embraced this change. We certainly have no objection to the 36 -unit stacked townhouse development proposed for Vanier near Walton. We see this as responsible redevelopment, and a natural evolution for an area that has been revitalized by families and students from all over the world. Further, the LRT now makes this small, working class neighbourhood an option for tech workers from businesses all along the ION's route. Properties like 221 Vanier Drive make the entire area far less attractive to these young professionals. What this property owner has done is good for none of us and sets a dangerous precedent. Why should any of us heed zoning regulations if we can simply get the city's absolution after the fact? We respectfully urge you to reject this application. 1 Holly Dyson From: Dianna Saunderson Sent: 08 September, 2020 1: To: Holly Dyson Subject: FW: [EXTERNAL] Re: Re Follow Up Flag: Follow up Flag Status: Flagged Written Submission for Vanier Drive. Thank you, Dianna Saunderson, AMP 13 PM Committee of adjustment of hearing Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca From: Sent: Tuesday, September 8, 2020 1:12 PM To: Dianna Saunderson<Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] Re: Re: Committee of adjustment of hearing Hi Dianna This is my written submission for 221 Vanier Dr Zone change/ Thank you To whom it may concern , This is my written submission to confirm I do not agree to the zone change for 221 Vanier Dr Kit. to be a legal triplex. I did not want a multi unit apartment going up in my_ . Since this has happened I have had different issues with the owner regarding damage, ie: vandalism to my fence which intern I had to call the Police and have a police report. Tennents throwing garbage over the fence into_, BB gun be shot- and none seems to listen unless I call the city or the Police. Now I have a parking lot- and I feel this can lower our property value. If this gets approved it could change the neighbourhood by more triplex's going up in the future. Thank you for your time On Sep 1, 2020, at 12:29 PM, Dianna Saunderson<Dianna.Saunderson@kitchener.ca> wrote: Hi_, Please feel free to take your time. You can provide a written submission up until September 91h, 2020 at 5:00 p.m. for it to be included in the members packages with the balance of the staff reports. If you need additional time, it can be sent all the way up until 5:00 p.m. September 14, 2020, which will then be emailed to the Committee members for their consideration at the meeting. Following the meeting you will be mailed a copy of the decision, as there is an appeal period for the Committee's decision. Regards, Dianna Saunderson, AMP Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca image001.png><image002.png><image003.png><image004.png><image005.png><image006.png><im age007.png><image008.png> From: Sent: Tuesday, September 1, 2020 12:25 PM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] Re: Committee of adjustment of hearing Hello Dianna Thank you so much for getting back to me, Is it ok to provide you a written submission. I will have it done tonight and get it in the mail tomorrow if you can provide me the mailing details Thank you On Sep 1, 2020, at 8:55 AM, Dianna Saunderson <Dianna.Saunderson@kitchener.ca> wrote: Hello_ Thank you for your email, my apologies for the clerical error. You are more than welcome to provide a written submission, or attend the electronic meeting to address the Committee regarding your concerns. Please let me know if you wish to attend the meeting and I will forward you the Zoom meeting details. Please note, this is a public meeting and I would not be able to protect your contact information if requested. Regards, Dianna Saunderson, AMP Committee Administrator I Corporate Services City of Kitchener 519-741-2200 ext. 7277 1 TTY 1-866-969-9994 Dianna.Saunderson@kitchener.ca <imageuul.png><irriageuu2.png><image003.png><image004.png><image005.png><ima ge006.png><image007.png><image008.png> From: Sent: Tuesday, September 1, 2020 8:52 AM To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: [EXTERNAL] Committee of adjustment of hearing Hello Dianna, I just contacted Sioban at the office regarding a letter I just received = in my mailbox today regarding the notice of hearing. She suggested I = email you . The date of the hearing is Sept 15 10am but in this letter = it says must register by Aug 17 However I just received this today in my = mail box So I hope I am able to take part in this Name is this is regarding Application A 2020-046-221 Vanier Dr Please let me know=20 Thank you so much Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: www.ki tch ever. ca Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 10 September 3, 2020 DSD -20-111 A2020-047 — 6 Pequegnat Ave Owner — Dustin Griesdoft Applicant — Jackman Development KW Inc. / Jackman Construction Ltd. Approve .,Subject Property rR. REPORT Planning Comments: y r Location Map: 6 Pequegnat Ave The subject property located at 6 Pequegnat is zoned Residential Five (R-5) with Special Use Provision 129U in Zoning By-law 85-1 and designated Low Rise Conservation A in the Central Frederick Neighbouhrood Plan for Land Use. The subject property contains a new dwelling under construction which is nearing completion. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Prior to receiving occupancy of the new dwelling, it was flagged that a set of stairs within the garage is encroaching into the required parking space for the dwelling. As such, the applicant is requesting relief from Section 6.1.1.2 e) of the Zoning By-law to permit a required parking space within a garage to have a length of 5.1 metres rather than the required 5.49 metres. p. I } + INSULATED f +j METAL DOOR cfw sus �► �� f tiwiNDew sq_ 8Ok-'CUT X +, GARAGIE ENGINEERED FLDO3 i fi, MN. ' COhCRE"E SLAB c%w SAWCUTS CoMf3ACTE7 GRANULAR kLl r - B'x®' TEW 5 L $ L 5°x 5°x 1/2 Deficient measurement shown within garage of 17 feet, 6 inches (5.1 metres) rather than 5.49 metres. Stairs also highlighted. City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test The subject property is designated Low Rise Conservation A in the Central Frederick Neighbourhood Plan for Land Use. The intent of this designation is to preserve the scale, use and intensity of existing development. The use of the property as a single detached dwelling is in keeping with the permitted uses of the designation, and the reduced parking space depth will have no impacts on the character of the neighbourhood. Staff is satisfied that the general intent and purpose of the Official Plan is maintained. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a parking space with a depth of 5.1 metres rather than the required 5.49 metres meets the general intent and purpose of the Zoning By-law. The purpose of the 5.49 metre depth requirement is to ensure most vehicles can fit within the indoor parking space. Staff is satisfied that the 0.39 metre encroachment of stairs into the parking space will not prevent the space from accommodating most vehicles, thus maintaining the general intent and purpose of the Zoning By-law. 3. "Minor" Test The variance can be considered minor as the 0.39 metre encroachment of stairs into a parking space is not significant enough to impact the overall use of the parking space or the property. The parking space remains functional. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land as the proposed reduction in the parking space depth will not significantly impact the ability to park within the garage, and will have no impact on the overall low-density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Given the existing nature of the garage, Transportation Services does not have any concerns with the proposed application. It should be noted that this deficiency may not allow for all types of vehicles to be able to properly fit into the garage. Heritage Comments: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 6 Pequegnat Avenue is located within the Central Frederick Neighbourhood Cultural Heritage Landscape. 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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning issues due to the nature of application. RECOMMENDATION A. That Minor Variance Application A2020-047 requesting relief from Section 6.1.1.2 e) of the Zoning By-law to permit a required parking space within a garage to have a length of 5.1 metres rather than the required 5.49 metres, BE APPROVED. - W, zl�, -%� Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 6 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-112 SUBJECT: A2020-048 — 581 Strasburg Road Applicant — GSP Group Inc. c/o Valerie Schmidt Owner — Trez MR Holdings (Ontario) Ltd. Approve Subject to Condition I + • Ir�_c a: Figure 1. View of the south elevation of the existing building REPORT Planning Comments: The subject property is located on Strasburg Road, north of Block Line Road, in the Alpine Planning Community. The subject property is designated Medium Rise Residential in the Official Plan and has a Community Node Urban Structure element. The property is zoned Residential Eight (R-8) in By-law 85- 1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). Low Rise Residential development (existing semi-detached dwellings) is located to the north and east, while Medium Rise Residential development (existing 8 -storey, 95 -unit multiple dwelling; and planned 9 -storey, 107 -unit multiple dwelling) is located immediately to the south. Planning staff visited the site on June 16, 2020. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The property is developed with a 2.5 storey, 21 -unit multiple dwelling. Earlier this year, the site plan application (file SP19/093/S/LT) received final approval to allow the construction of a two-storey addition (14 units) on top of the existing building and would allow a renovation of the building's interior to result in a 4.5 storey, 35 -unit multiple dwelling. A building permit for construction was issued in July; however, construction has not yet begun. In January 2020, the owner received approval of a minor variance from the Committee to reduce the number of required parking spaces from 61 to 35. At this time, the owner is seeking further Committee approval of a minor variance to allow 16 ground - supported balconies within the required minimum side yard, on the south side of the building. The existing floors are to be retrofitted with balconies, while the new, third storey would be constructed with balconies at the outset. Section 5.6A.1 a) of Zoning By-law 85-1 does not permit balconies to project into a required yard if they are supported by the ground. In this case, the required setback in the R-8 Zone is 6.0 metres, and the requested setback is 4.6 metres. Consequently, the proposed balconies would project a maximum of 1.4 metres into the required side yard. General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variance, including, but not limited to: 4.C.1.8. Where ... variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variance(s) will be reviewed, but not limited to the following to ensure, that: c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. 4.C.1.13. The City will work with the development industry and other community members to identify and encourage innovative housing types and designs in the city where such innovation would: k) reflect, add and/or enhance architectural interest and character. In this regard, the proposed balconies are compatible in scale, massing, design and character with adjacent properties. A sufficient setback will remain to mitigate privacy impacts, especially since the building is planned to be only 4.5 storeys in height. Additionally, the proposed balconies enhance the architectural interest and character of the building. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the by-law prohibiting ground -supported balconies in all required yards is to prevent privacy, visual encroachment, and general compatibility issues. However, it should be noted that if the proposed balconies were cantilevered, rather than ground -supported, the Zoning By-law would require only a 0.75 metre setback from the side lot line. In this case, the proposed ground -supported are set back 4.6 metres from the side lot line. Planning staff is of the opinion that the proposed setback is sufficient to mitigate the aforementioned issues, especially considering the relatively low height of the building. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test The variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. The Tree Preservation & Enhancement Plan approved as part of the site plan application for the related development identifies 14 large trees located along the lot line in question, on the adjacent property. These trees are in "good" to "fair" condition and will act as a mitigative buffer between the buildings. Additionally, the adjacent building is set back 6.0 metres from the lot line. The proposed 4.6 metres setback would mean that there would be 10.6 metres between buildings that would further act as a buffer. Planning staff is of the opinion that the variance is minor. Desirability for Appropriate Development of the Land Test The variance will allow the construction of balconies that will provide private, outdoor amenity space for both new and existing. In addition, the proposed balconies provide for an attractive building form and fagade that is compatible with surrounding buildings. Planning staff is of the opinion that the variance is desirable for the appropriate development of the land. As a condition of the variance, the site plan approval, including but not limited to site plan and elevation drawings, should be updated to reflect the inclusion of balconies. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new balconies are obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No concerns or comments. Environmental Planning Comments: This project is proceeding through the site plan approval process and is subject to the typical tree management requirements through that process. Region Comments: No concerns. RECOMMENDATION That Minor Variance Application A2020-048 requesting relief from Section 5.6A.1a) to allow ground -supported balconies to extend 1.4 metres into the required 6.0 metre minimum side yard (i.e., balcony setback of 4.6 metres), be approved, subject to the following condition: 1. That the owner shall obtain a revision to Site Plan Application SP19/093/S/LT to address the proposed balconies, to the satisfaction of the City's Manager of Site Development and Customer Service. Andrew Pinnell, M IP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Attach: • Plan Submitted with Application Form .. \ . ^ � � �\� � � �� �_ � z� \\: ©^ � �\/\\� � ����\�\ \\� - �}}}� ��\�} (\` \\}\/\ \/\\» \ � ..\\^\� >�����.� /,�^�^w Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 3 DATE OF REPORT: September 3, 2020 REPORT #: DSD -20-113 SUBJECT: A2020-049 — 26 Sixth Ave Owner — Robert Karl Deutschmann & Janice Ann Deutschmann Approve Location Map: 26 Sixth Ave REPORT Planning Comments: The subject property located at 26 Sixth Ave is zoned Residential Four (R-4) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to convert the existing single detached dwelling into a duplex, which requires 2 parking spaces be provided. The first of those parking spaces is located on a driveway at the side of the existing dwelling, and has a width of 2.44 metres, which is less than the required 2.6 metres. As such, the applicant is requesting relief from Section 6.1.1.2 d) of the Zoning By-law to have the first parking space for a duplex be 2.44 in width rather than the required 2.6 metres. The second space is located on the driveway in front of the dwelling and meets the size requirements. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. uzrc I sca - oe- 2, 348 (M,45J 2J2 (FJ) 2.44 (F2J v1"VV uNU �IwVVIINJ. Ma lI1. 1It NulMIINJ. VVIMLII ua �IMa WN MVVl I I i NU City Planning staff conducted a site inspection of the property on September 2, 2020. 1 1/2 - STOREY f AER)AL YpRp tl E BRICK DWELLING K DWELLING NO. 26 Q 40. 30 J1 2. 44 &S.4SJ F - 1107 PORCH 2.39rX-4S) 229 r�sJ 29(�as/ z a F�� = w 16dFwv N 4 a (P1dESEif CP 12.192 (F1SETj Gp N22'V.�MO' W (of) a'- r N 23'1550" E (04AS) (MITREMCC SEXA11vs) SIXTH AVENUE v1"VV uNU �IwVVIINJ. Ma lI1. 1It NulMIINJ. VVIMLII ua �IMa WN MVVl I I i NU City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test 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 parking space width for a duplex will continue to maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2. General Intent and Purpose of Zoning By-law Test The requested variance to permit a parking space with a width of 2.44 metres rather than the required 2.6 metres meets the general intent and purpose of the Zoning By-law. The purpose of the 2.6 metres width requirement is to ensure most vehicles can fit within the outdoor parking space. Staff is satisfied that the 0.16 metres variance will not prevent the space from accommodating most vehicles, thus maintaining the general intent and purpose of the Zoning By-law. 3. "Minor" Test The variance can be considered minor as the 0.16 metre reduction in the parking space width is not significant enough to impact the overall use of the parking space or the property. The parking space is still functional. Staff notes that during the site inspection, a large vehicle was parking in this space with no apparent issues. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land as the proposed reduction in the parking space width will not significantly impact the ability to park in the driveway and support a duplex at the subject property, and will have no impact on the overall low-density development of the neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Application has been made to change the use into a duplex and is currently under review. Transportation Services Comments: As this is an existing condition, Transportation Services does not have any concerns with the proposed application. 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 56 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. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-049 requesting relief from Section 6.1.1.2 d) of the Zoning By-law to have the first parking space for a duplex be 2.44 metres in width rather than the required 2.6 metres, BE APPROVED. - W, bj*a� Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report J K -tR Development Services Department www.kitchener.ca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: .s.n Committee of Adjustment September 15th, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Planner— 519-741-2200 ext. 7860 8 September 3Id, 2020 DSD -20-114 A2020-050 — 598, 604, 608 Victoria Street South Applicant — A & F Greenfield Homes Ltd. on behalf of Liviu & Stephanie Cananau Recommendation: Approve with conditions Location Map: 598, 604, 608 Victoria Street South *** 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 properties are located at 598, 604 & 608 Victoria Street South are zoned Residential Six (R-6), and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to create a 24 unit stacked townhouse development (Multiple dwelling) and cannot meet the requirements of Section 40.2.6 of the Zoning By-law. The applicant is requesting relief to permit the following: a) A Floor Space Ratio (FSR) of 0.75, whereas an FSR of 0.6 is permitted; b) A front yard setback of 4.5 metres rather than the required 7.7 metres; Further relief is being requested from Section 6.1.2a) of the Zoning By-law to permit a multiple dwelling to have a parking ratio of 1.15 spaces per unit, whereas a parking ratio of 1.75 spaces per unit is required. The applicant is in the process of submitting a site plan application for the street fronting townhouse (multiple dwelling) use. Staff conducted a site inspection of the property on August 26th, 2020 598, 604, 608 Victoria Street South In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan The subject properties are designated Low Rise Residential in the City's Official Plan, which contains a number of policies related to density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6, however site-specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible. Staff is of the opinion that the increase in the FSR meets the general intent of the policies of the Official Plan. Staff is satisfied the requested variances will maintain the low-density character of the property and surrounding neighbourhood. Staff is further satisfied that urban design considerations will be addressed to ensure that the development is compatible by designing the site so that the building is closer to the front of the property. General Intent of the Zoning By-law 2. The R-6 zone permits a range of housing types, and the intent of 0.6 FSR allowance is to ensure development occurs at a scale which is compatible with other low-rise housing forms in adjacent neighbourhoods. The proposed townhouse units will provide a mix of housing types while maintaining compatibility with the low-rise residential neighbourhood. As such, staff is satisfied the requested variance to increase the maximum FSR from 0.6 to 0.75 meets the general intent of the Zoning By-law. The intent of the front yard setback is to establish a consistent built form along the street edge. The subject property is located within the Residential Intensification in Established Neighbourhoods Study (RIENS) area and follows a specific calculation to determine the required front yard setback for each property. In this case, the applicant requested a front yard setback of 4.5 metres for the front yard, where 7.7 metres is required. The required minimum front yard setback of 7.7 metres is calculated based on 1 metre less than the front yard setback of the dwellings on the properties adjacent to this lot. The general intent of the zoning is maintained through this variance for the front yard setback given the variety of setbacks within the area. The intent of the 1.75 spaces per unit parking requirement is to ensure that there is adequate parking spaces available for the residents and for visitors to the property. The reduction to 1.15 spaces per unit align with the future direction for parking requirements in the City's new Zoning By-law. Furthermore, alternative transportation options are provided on site, as the property is located adjacent to an existing GRT bus stop. Adequate bicycle parking will also be provided. Staff is of the opinion that the reduction in parking meets the general intent of the Zoning By-law. Application is Minor 3. Staff is of the opinion that the requested variances are minor as the reduced front yard, reduced parking rate and increased FSR will not present any significant impacts to adjacent properties, the overall neighbourhood or streetscape. Application is Appropriate? 4. The proposed variances are appropriate for the development and use of the land as the proposed townhouses (multiple dwelling) use is a permitted use in the Zoning By-law. The scale, massing and height of the proposed townhouse units will not negatively impact the existing character of the subject property or surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: At the time of these comments, no written parking justification has been formally submitted by the applicant. While a submission is expected in the near future, it will be a requirement of Site Plan Approval. A written submission is also recommended be a condition of approval of this application. Given that the proposed parking rate aligns with the requirements under the new Zoning By-law 2019-051, staff can support the proposed reduction in parking as required by Zoning By-law 85- 1. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-050 requesting permission to permit a stacked townhouse development (multiple dwelling) with a Floor Space Ratio (FSR) of 0.75 rather than the required FSR of 0.6, a front yard setback of 4.5 metres rather than the required 7.7 metres; and a parking ratio of 1.15 spaces per unit, whereas a parking ratio of 1.75 spaces per unit is required, be approved with 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 October 1St, 2021. 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 Planner Julian von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 1511, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 2 DATE OF REPORT: September 3Id, 2020 REPORT #: DSD -20-109 SUBJECT: A2020-051-14 Tweedsmuir Court Applicant —Troy and Amie Huber Recommendation: Approval K) Location Map: 14 Tweedsmuir Court REPORT Planning Comments: The subject property located at 14 Tweedsmuir Court is zoned Residential Three (R-3) in the Zoning By- law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. build an accessory structure and cannot meet the requirements of Section 5.5.2b) of the Zoning By-law. The applicant is requesting relief to allow the structure to have a peak height of 7.87 metres rather than the maximum peak height of 5.5 metres and to have the underside of the fascia to be 3.8 metres in height rather than the required maximum of 3 metres. City Planning staff conducted a site inspection of the property on August 26, 2020. 14 Tweedsmuir Court (Front view) 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 The subject property is designated Low Rise Residential in the City's Official Plan. The proposed variance meets the intent of the designation, as the purpose of these regulations is to ensure that accessory buildings do not create visual encroachment issues, shadow impacts, and privacy issues for adjacent properties. In this case, the property is surrounded by vegetation at the rear yard and side yard which will maintain an adequate visual barrier for the surrounding properties from the new structure. There is also a large separation distance from the new structure to the existing neighbouring dwellings. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variances to have an accessory structure to have a peak height of 7.87 metres rather than a maximum peak height of 5.5 metres and to have the underside of the fascia to be 3.8 metres in height rather than the required maximum of 3 metres meets the general intent of the By-law. Due to the large size of the property, the grade of the property, and the setbacks from the existing neighbouring properties the increase in height at the peak and fascia will be negligible in the context of the area. The applicant has stated that the intent of the structure will be to securely store a work trailer and other tools within, which will also declutter the front and side yard area and reduce the impact on the adjacent neighbours. Staff is of the opinion that the general intent of the Zoning By-law is maintained. Application is Minor 3. The proposed increase in building height and fascia height is minor, as it represents only a 2.37 metre and 0.8 metre difference respectively and will not adversely affect the subject property or adjacent neighbouring properties nor will the height increase it be visible from the street. Therefore, Staff is of the opinion that the requested variance is minor. 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. LUT INST, 014289 UNDERCONST. 3.0.E PF WP40 WAU TO DU OZ DESIONFD 2Y 01HE'RS 32 i Ei.Eu TEP OF FUN 321a r i 1 r I 1 � I ! f ��;.. r •Ida Y __ f fr �� WIN Proposed detached structure —14 Tweedsmuir Court �} I. o,lsa, s ac 4 LIP RFMOW EMTING STUMP } .. AND TREE i ¢[N+ • t4 �ti• �A 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. r`rxhpr ! k' f f r� F T F � ;+U x # r r � t f f f r ! F 1! fir. Proposed detached structure —14 Tweedsmuir Court �} I. o,lsa, s ac 4 LIP RFMOW EMTING STUMP } .. AND TREE i ¢[N+ • t4 �ti• �A 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 building permit for the accessory structure is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Environmental Comments: Environmental planning has no concerns with the proposed application. The owner has been in discussion with the City for the removal of 4 Black Maple hazard trees and has provided an arborist report. Heritage Comments: Heritage planning has no concerns with the proposed application. RECOMMENDATION That minor variance application A2020-051 requesting permission to build an accessory structure to have a peak height of 7.87 metres rather than the maximum required peak height of 5.5 metres and to have the underside of the fascia to be 3.8 metres in height rather than the required maximum of 3 metres, be approved. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 :.x www1l tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 5 DATE OF REPORT: September 3, 2020 REPORT #: DSD -20-116 SUBJECT: A2020-052 — 261 Woodbine Avenue Owner — Activa Holdings Applicant — Pierre Chauvin / Rachel Demmers (MHBC Planning) Approve Location Map: 261 Woodbine Ave REPORT Planning Comments: The subject property located at 261 Woodbine Avenue is zoned Residential Six (R-6) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The subject property has received Approval in Principle (AIP) for a site plan with an 86 -unit Multiple Dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 349 345 317 321 32 _2 - - - 285 281 322 36 33` 318 277 ,314 2Fs1 314 273 346 269 342 948 �11i' 912 HURON SOUTH 265 298 915 294 ¢ rte_fYI 294 913 irijL 286 949 Location Map: 261 Woodbine Ave REPORT Planning Comments: The subject property located at 261 Woodbine Avenue is zoned Residential Six (R-6) in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The subject property has received Approval in Principle (AIP) for a site plan with an 86 -unit Multiple Dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. To accommodate the grading on the property and the configuration of the parking, the following variances are required: - Relief from Section 40.2.6 of the Zoning By-law to allow for a maximum building height of 11.3 metres for a Multiple Dwelling, rather than the required 10.5 metres; - Relief from the definition of `Building Height' in Section 4 of the Zoning By-law to allow the vertical distance between the lowest finished grade and the uppermost point of the building to be 120% of the maximum building height rather than 110%; and, - Relief from Section 6.1.1.1 d) i) of the Zoning By-law to allow for the required parking not designated for visitor use to be located between the fagade and the front lot line, whereas this is otherwise not permitted. Planning staff conducted a site inspection on September 2, 2020 Background on parking space location in front yard In the Zoning By-law, regular parking spaces (excluding visitor) are not permitted to locate in the front yard of a lot, which is the space between the building and the front lot line. As shown on the site plan below, the subject property is proposed to have 4 regular parking spaces located in the `front yard'. PLAN 58R y Al ° 76 7 #' 40, Qj, lip V J 10 it 10 16ti may._ 0 0 v Proposed Site Plan — the 4 parking spaces located in `front yard' requiring a variance are highlighted. The other two variances relate to building height, resulting partially from steeper grades around units 7-70 (sloping down towards rear). Background on building height calculation In the Zoning By-law, building height is calculated from the highest point of finished grade around a building to the peak of the building. For example, if the maximum building height in a zone is 10.5 metres, that is the maximum distance that could be between the highest point of grade around a building to the peak of the building. To account for grade changes on a property, the Zoning By-law allows the distance between the lowest point of grade around the building and the peak of the building to be up to 110% of the maximum building height allowed in the zone. For example, if the maximum height allowed in a zone is 10.5 metres, the maximum height between the lowest point of grade and the peak of the roof could be 110% of that, or 11.55 metres. With respect to building height on the subject property, two variances are required. These variances are partially required because of slopes on the property, notably the 4 buildings containing units 7-70 on the site plan above. The first variance is to increase the overall building height in the zone (from highest point of grade) to 11.3 metres rather than the required 10.5 metres. Once 11.3 metres is established as the maximum building height in the zone, the second variance is requesting that the distance from the lowest point of grade to the peak of the roof be 120% of 11.3 metres, rather than 110%. In summary, with the requested variance, the maximum height from highest point of grade to peak of the roof would be 11.3 metres. The maximum height from lowest point of grade to peak of the roof will be 120% of the 11.3 metre maximum building height, which would be 13.56 metres. The table below summarizes the building height statistics. Both variances are highlighted above. Buildings 2-6 comprise of units 7-86 shown on site plan. 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 and Purpose of Official Plan Test 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 variances to accommodate the location of parking spaces in the front yard and to increase the maximum building height are appropriate, as the development will maintain the general intent and purpose of the Official Plan which is a low-density residential development for this property. With respect to the building height, staff notes that the Official Plan allows for additional building height to be requested where there are steeper grades, which is the case for the subject property, as noted above. 2. General Intent and Purpose of Zoning By-law Test The requested variance to allow 4 regular parking spaces to locate in the front yard, whereas regular parking spaces are required to locate behind the fagade of the principal building, meets the general intent of the Zoning By-law. The purpose of the By-law regulation requiring regular parking spaces to locate behind the face of the building is to shield parking spaces from the street. For the subject property, the 4 spaces are `tucked -in' behind lots for single detached dwellings and will not be visible from the street (Woodbine Avenue). Staff is satisfied that the general intent and purpose of the Zoning By-law is met. The requested variance to increase the maximum building height in the zone to 11.3 metres rather than 10.5 metres, and to allow the maximum distance between the lowest point of grade and the peak of the roof to be 120% of the maximum building height rather than 110%, meets the general intent and purpose of the Zoning By-law. The purpose of both of these regulations is to ensure that buildings are not `too tall' for the low-rise residential zone from all sides of the building. Given some steeper grades on the subject property, the variances have been requested to accommodate these grades. Staff has no concerns with the request and is satisfied that the height of the building is appropriate for the zone and for the subject property. The tallest portions of the building will face the rear of the property which abuts a natural area, limiting the impacts of the increased height. Building Height from Highest Finished Grade Building Height From Lowest Finished Grade % from Lowest Finished Grade to Maximum Building Height of 11.3m requested through variance Building 2 10.96 13.31 118% Building 3 11.30 13.42 119% Building 4 11.00 13.31 118% Building 5 11.08 13.54 120% Building 6 10.48 11.20 99% Both variances are highlighted above. Buildings 2-6 comprise of units 7-86 shown on site plan. 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 and Purpose of Official Plan Test 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 variances to accommodate the location of parking spaces in the front yard and to increase the maximum building height are appropriate, as the development will maintain the general intent and purpose of the Official Plan which is a low-density residential development for this property. With respect to the building height, staff notes that the Official Plan allows for additional building height to be requested where there are steeper grades, which is the case for the subject property, as noted above. 2. General Intent and Purpose of Zoning By-law Test The requested variance to allow 4 regular parking spaces to locate in the front yard, whereas regular parking spaces are required to locate behind the fagade of the principal building, meets the general intent of the Zoning By-law. The purpose of the By-law regulation requiring regular parking spaces to locate behind the face of the building is to shield parking spaces from the street. For the subject property, the 4 spaces are `tucked -in' behind lots for single detached dwellings and will not be visible from the street (Woodbine Avenue). Staff is satisfied that the general intent and purpose of the Zoning By-law is met. The requested variance to increase the maximum building height in the zone to 11.3 metres rather than 10.5 metres, and to allow the maximum distance between the lowest point of grade and the peak of the roof to be 120% of the maximum building height rather than 110%, meets the general intent and purpose of the Zoning By-law. The purpose of both of these regulations is to ensure that buildings are not `too tall' for the low-rise residential zone from all sides of the building. Given some steeper grades on the subject property, the variances have been requested to accommodate these grades. Staff has no concerns with the request and is satisfied that the height of the building is appropriate for the zone and for the subject property. The tallest portions of the building will face the rear of the property which abuts a natural area, limiting the impacts of the increased height. 3. "Minor" Test The variances can be considered minor as the additional building height is primarily located at the rear of the site, where there is a natural area abutting it. Therefore, there are limited impacts of the increased building height. The variance to locate 4 parking spaces in the front yard is also minor. While the location of the 4 spaces is technically within the front yard, these spaces will not be visible from the street. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed development is consistent with the low-density development of the neighbourhood. The increased building height to accommodate some steeper grades on the property is appropriate for the development and use of the land and the four parking spaces located in the front yard are not visible from the street. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variances. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variances. Environmental Comments: Natural heritage and tree issues were addressed as part of DP 30T-01201 (most recently, Stage 11) and recent Site Plan Approval. RECOMMENDATION A. That Minor Variance Application A2020-052 requesting relief from Section 40.2.6 of the Zoning By-law to allow fora maximum building height of 11.3 metres fora Multiple Dwelling rather than the required 10.5 metres, from the definition of `Building Height' in Section 4 of the Zoning By-law to allow the vertical distance between the lowest finished grade and the uppermost point of the building to be 120% of the maximum building height rather than 110%,and from Section 6.1.1.1 d) i) of the Zoning By-law to allow for the required parking not designated for visitor use to be located between the fagade and the front lot line, whereas this is otherwise not permitted, BE APPROVED. - W, J*L� Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department J KIR www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847 WARD: 1 DATE OF REPORT: August 28, 2020 REPORT #: DSD20-117 SUBJECT: A2020-053 — 80 McGee Avenue Applicant — MHBC (Pierre Chauvin) Owner — 80 McGee Avenue (Kitchener) Ltd. Approve Subject to Conditions Aerial view of subject property *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property is located on at the intersection of McGee Avenue and Ottawa Street North in the Stanley Park Community. The property is designated High Rise Residential in the Official Plan and is zoned Residential Nine (R-9) under By-law 85-1. Staff conducted a site visit on August 12, 2020. The property is presently developed as a 19 -unit multiple dwelling with ground floor commercial space and exterior parking facilities. The applicant is proposing to convert the existing commercial space to 7 dwelling units as well as adding 8 residential units in the basement resulting in a multiple dwelling having a total of 34 dwelling units. At this time, the owner is seeking relief from Section 6.1.2a) to reduce the parking requirement to 1.18 spaces per units, rather than the required 1.75 spaces per unit, relief from Section 6.1.2b)vi)A) to reduce the required visitor parking to 10% rather than the required 15%; and, relief from Section 43.2.3 to not require an exclusive use patio area for ground floor units. General Intent and Purpose of Official Plan Test The subject property is designated High Rise Residential. The net residential density in this designation is to be no less than 100 units per hectare with a floor space ratio of not less than 1.0 and a maximum of 4.0. The existing building has a floor space ratio of 0.73 which is an existing condition, however the addition of 15 dwelling units will bring the property more in line with the density requirement in the High Rise Residential Designation. In this regard, Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the by-law is to regulate development to ensure appropriate location, size, setbacks and amenities are provided. In this case, the building is existing, and the applicant is proposing to renovate the interior to create additional dwelling units on the ground floor and basement. Due to the creation of the basement units, the ground floor units will not be able to provide exclusive use patios. To compensate for this, there will be an amenity are created on the site for use by all residents. The parking reduction to 1.18 spaces per unit (providing 46 spaces for 34 units rather than 60 spaces) also meets the intent of the zoning by-law as there will be at least one space provided per unit. The site is located on a major transit route and is within walking distance to multiple retail and commercial developments. A minor reduction to the required number of visitor spaces is also in keeping with the zoning by-law. The applicant will be providing 10% visitor parking on site which staff believe is appropriate for the number of dwelling units proposed. Planning staff is of the opinion that the variances meet the general intent and purpose of the Zoning By- law. "Minor" Test The variances are considered minor as the proposed interior renovation of the building to add dwelling units will create no adverse impacts on adjacent uses or lands. The site will maintain adequate parking for both residential and visitors along with a large outdoor amenity area for all residents to enjoy. Desirability for Appropriate Development of the Land Test The requested variances are considered appropriate and desirable by intensifying an existing building. The addition of 15 new dwelling units will help with the shortage of rental units, while not requiring the use of greenfield lands for development. The location of the development is very centrally located to a significant number of community amenities including shopping, public transit community centres and parks, which makes the intensification of the building all the more appropriate. As a condition of the variance, site plan approval will be required. For the abovementioned reasons, Planning staff is of the opinion that the variances requested are justified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit to change the use of the basement and main floor into residential use is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services can support a reduced residential parking rate of 1.18 spaces per dwelling unit (34 total dwelling units) as opposed to the required rate of 1.75 spaces per dwelling unit. As a condition of approval, Transportation Services requires the following TDM measures be provided on-site as noted in the Parking Justification Report and TDM Checklist submitted by the applicant: • TDM Measure B1 — 5 bicycle spaces (indoor) beyond the minimum required. • TDM Measure B7 — Building owner/occupant agrees to charge for parking as a separate cost to occupants. • Provide a copy of the filled out TDM Checklist that was provided to staff during the site plan application pre -submission process. Engineering Comments: No concerns. Heritage Comments: No concerns. Environmental Planning Comments: No concerns. RECOMMENDATION That Minor Variance Application A2020-053 requesting relief from Sections: 6.1.2a) to reduce the required parking to 1.18 spaces per unit rather than the required 1.75 spaces per unit; 6.1.2b)vi)A) to reduced the required visitor parking to 10% rather than 15%; and, 43.2.3 to not provide an exclusive use patio are for ground floor units, be approved, subject to the following conditions: 1. That the owner shall obtain approval of a site plan application to the satisfaction of the City's Manager of Site Development and Customer Service. 2. The owner shall implement TDM Measure B1 - Provide 5 bicycle spaces (indoor) beyond the minimum required. 3. The owner shall implement TDM Measure B7 - Charge for parking as a separate cost to occupants. 4. The owner shall provide a copy of the filled out TDM Checklist to the satisfaction of the City's Director of Transportation Services. Lisa Thompson Juliane von Westerholt, MCIP, RPP Planning Technician Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report K�WFLEN � Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 5 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-118 SUBJECT: A2020-054— 115 Parkvale Drive Applicant — Dylan West Recommendation: Approval 1 11 Location Map: 115 Parkvale Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 115 Parkvale Drive is zoned Residential Four Zone (R-4) with Special Regulation Provision 405R in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on September 8, 2020. The applicant is requesting relief from the Zoning By-law to allow a uncovered, unenclosed deck in the rear yard to be located 3.5 metres from the rear lot line rather than the 4.0 metres required. View of Rear Yard (September 8, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in setback for a deck does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 4.0 metre rear yard setback for a deck is to ensure that there is adequate amenity space on site and adequate separation of decks for privacy. The foundation of the deck is located 4.0 metres from the property line, and the variance request represents only a small overhang into the required rear yard setback. The deck can provide passive amenity space and Staff is of the opinion that there will continue to be adequate amenity space in the rear yard with proposed deck. The 3.5 metres proposed between the deck and the rear lot line is still sufficient to provide separation and privacy. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The homes in the surrounding neighbourhood have similar sized backyards and deck configurations. The small reduction in setback will be consistent with other lots in this neighbourhood and is therefore considered to be appropriate. Is the Variance Minor? 4. The requested variance represents just the small overhang of the deck and the supports and foundation are still meeting the setback regulation in the Zoning By-law. The overhang of 0.5 metres is not expected to cause adverse impacts and is therefore considered minor. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the deck and is currently under review. Transportation Services Comments: Transportation Services does not have any 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 minor variance application A2020-054 requesting permission to construct a an uncovered, unenclosed deck in the rear yard of an existing single detached dwelling having a rear yard setback of 3.5m rather than the required 4m be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: September 3, 2020 REPORT #: DSD -20-119 SUBJECT: A2020-055 — 61 Irvin St Owner — 2706997 Ontario Inc. Applicant — Robert Turner (Fryett Turner Architects Inc.) Approve with Conditions Location Map: 61 Irvin Street REPORT Planning Comments: rur r. k 711 ict Property s�. The subject property located at 61 Irvin Street is zoned Residential Five (R-5) in Zoning By-law 85-1 and designated Low Rise Conservation B in the Central Frederick Neighbourhood Plan for Land Use. The subject property contains an existing duplex. The applicant intends to convert the existing building to a multiple dwelling with 3 units (triplex). Several variances are required to legalize existing conditions. *** 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 relief from the following sections of the Zoning By-law: - Section 39.2.4 of the Zoning By-law to permit a multiple dwelling with 3 units to have a lot width of 12.9 metres rather than the required 15 metres; - Section 39.2.4 to have a side yard setback of 0.71 metres rather than the required 1.2 metres; - Section 39.2.4 to have a front yard setback of 4.28 metres rather than the required 4.5 metres; - Section 6.1.1.2 d) to have 1 required parking space to have a width of 2.48 metres rather than the required 2.6 metres; - Section 6.1.1.1 d) i) to permit 2 required parking spaces to locate between the facade and the front lot line whereas this is not permitted; and, - Section 6.1.1.2 d) to permit 2 parking spaces located in the front yard to have a length of 4.28 metres rather than the reauired 5.49 metres. SiAeualk } CA IRVIN 5'rI EET Nm Edmnee Parch t IEp Ir ' 12gY9 ----- f' Sidewalk Sidewalk O P3 P1 9 °d� L oFFxtarlorYlall I P3 II I I '5 I 'S9 b1 j 65 b7 � 9l vnxn 11 b 13 9111E AFa 24M Proposed Site Plan of Subject Property City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test The subject property is designated Low Rise Conservation B in the Central Frederick Neighbourhood Plan for Land Use. The intent of this designation is to retain the existing low-rise character of the neighbourhood while allowing the creation of additional units through the conversion of the existing residential structures. The requested variances to support converting the existing duplex building into a triplex (multiple dwelling with 3 units) is consistent with the policies in the land use designation and is in keeping with the general intent and purpose of the Official Plan. 2. General Intent and Purpose of Zoning By-law Test The requested variances to have a lot width of 12.9 metres rather than 15 metres, to have a side yard setback of 0.71 metres rather than 1.2 metres, and to have a front yard setback of 4.28 metres rather than the required 4.5 metres, meets the general intent and purpose of the Zoning By-law. The purpose of these regulations is to have a wide enough lot for a proposed use, to have sufficient space in the side yard to be able to access the rear, and to have a front yard setback that is consistent along the street. In this case, all three of these conditions are existing, and staff has no concerns with legalizing them in order to facilitate a conversion of the existing building to a Multiple Dwelling (3 units). The lot width is wide enough to accommodate the use, there is sufficient space in the side yard to access the rear, and the front yard setback is consistent with the streetscape. The requested variance to have one of the required parking spaces to have a width of 2.48 metres rather than 2.6 metres, and the requested variance to have two of the required parking spaces to have a depth of 4.28 metres rather than the required 5.49 metres, meets the general intent of the Zoning By-law. The general intent of both of these regulations is to ensure that there is enough space for a vehicle to park within the space. Staff is satisfied that this will be the case. When vehicles are parked within the two spaces that are 4.28 metres deep, it is probable that they may encroach slightly beyond the front property line onto City land (but not the sidewalk). As such, staff has added a condition that the owner enter into an encroachment agreement with the City. The requested variance to permit two parking spaces to locate between the facade and the front line, whereas this is not permitted, meets the general intent of the Zoning By-law. The intent of this regulation is to encourage vehicles to be hidden from view behind the facade of the dwelling. In this case, both parking spaces located in front of the facade are existing and staff has no concern with their continued existence to support the conversion of the property into a 3 -unit Multiple Dwelling. The third required space will be located behind the facade. To contribute to an enhanced streetscape, staff has added a condition that a concrete sidewalk be installed in between the two parking spaces located in front of the facade. This sidewalk would run from the entrance of the building to the City sidewalk. Based on the site plan provided with the minor variance application, the applicant intends to do this. 3. "Minor" Test The variances can be considered minor as the building location and parking layout is existing. There will be the minimum requirement of 1 parking space for each unit provided on site and staff is of the opinion that the property can function well as a 3 -unit multiple dwelling. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed residential addition and legalization of an existing driveway is consistent with the development of the neighbourhood. There are no additions proposed to the existing building, merely a conversion of the existing building into a triplex. Based on the foregoing, Planning staff recommends that this application be approved, subject to the conditions outlined in the recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit to change the use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given the existing nature of the property and how it functions, Transportation Services can support the proposed variances related to parking. The property lies on a very low traffic roadway and as a triplex only requires three (3) parking spaces which classifies as a driveway and permits vehicles to reverse out on to the roadway. The following are recommended as conditions of approval for this application: The applicant/property owner enters into an encroachment agreement, if one does not already exist. The construction of a new concrete sidewalk from the front porch to the sidewalk (as shown in the proposed site plan) and should be a minimum of 1.5m in width. Heritage Comments: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 61 Irvin Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape. 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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-055 requesting relief from Section 39.2.4 of the Zoning By-law to permit a multiple dwelling with 3 units to have a lot width of 12.9 metres rather than the required 15 metres, from Section 39.2.4 to have a side yard setback of 0.71 metres rather than the required 1.2 metres, from Section 39.2.4 to have a front yard setback of 4.28 metres rather than the required 4.5 metres, from Section 6.1.1.2 d) to have 1 required parking space to have a width of 2.48 metres rather than the required 2.6 metres, from Section 6.1.1.1 d) i) to permit 2 required parking spaces to locate between the fagade and the front lot line whereas this is not permitted, and from Section 6.1.1.2 d) to permit 2 parking spaces located in the front yard to have a length of 4.28 metres rather than the required 5.49 metres, BE APPROVED subject to the following conditions: 1. That the Owner enter into an encroachment agreement with the City of Kitchener to locate a portion of 2 parking spaces on land owned by the City; 2. That the Owner install and maintain a 1.5m concrete sidewalk between the two parking spaces located in the front yard as shown in the site plan submitted with the minor variance application, and that the sidewalk run from the front entrance of the dwelling to the City sidewalk. 3. That the Owner apply for a Zoning (Occupancy) Certificate for the Multiple Dwelling (3 units) to the satisfaction of the Director of Planning prior to August 31, 2021. Ejo-'OA) tN -�J Richard a y- ue z, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: w w— ►. _A, 1 www.kitchener. ca Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 1 September 4, 2020 DSD -20-120 A2020-056 — 49 Lichty Crescent Applicant — Boban Jokanovic Recommendation: Approval Location Map: 49 Lichty Crescent *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Background: The subject property was severed from 53 Lichty Crescent in application 62019- 012. The Committee of Adjustment approved the application on April 16, 2019 and it was endorsed February 13, 2020. Planning Comments: The subject property located at 49 Lichty Crescent is zoned Residential Three Zone (R-3) in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on September 4, 2020. The applicant is requesting relief from the zoning by-law to legalize an existing concrete retaining wall that was poured as part of the foundation for the duplex dwelling being constructed on site. The retaining wall is located 1.02 metres from the internal side property line whereas the minimum setback is 1.2 metres in the Zoning By-law. View of Existing Duplex Dwelling (September 4, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in side yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a side yard setback of 1.2 metres is to ensure that there is access into the rear yard and to provide separation of buildings. The proposed side yard setback of 1.02 metres will continue to provide access to the rear yard on the right side, as well as the access provided on the left side of with the 1.2 metre side yard setback. The main walls of the home under construction are meeting the side yard setback, it is a concrete retaining wall attached to the foundation that is located 1.02 metres from the side yard property line. Therefore, staff is of the opinion that there is adequate separation of buildings and that rear yard access can still be provided. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The minor reduction in side yard setback for a concrete retaining wall is not expected to cause adverse impacts in the neighbourhood and is therefore considered appropriate. Is the Variance Minor? 4. The reduction of side yard setback will maintain adequate space for separation of buildings and can continue to provide rear yard access. Therefore, the requested variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services does not have any 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 minor variance application A2020-056 requesting permission to legalize an existing retaining wall in the rear yard of a duplex dwelling having a southerly side yard setback of 1.02m rather than the required 1.2m be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report AaR Development Services Department www.kitchenerca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 4 September 4, 2020 DSD -20-121 A2020-057 — 114 Blair Creek Drive Applicant — Chris Machado Recommendation: Approval ,3 S n x d u" iiu S A r a Location Map: 114 Blair Creek Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 114 Blair Creek Drive is zoned Residential Four Zone (R-4) with Special Regulation Provision 669R and Special Use Provision 448U in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on September 4, 2020. The applicant is requesting relief from the Zoning By-law to allow a covered deck in the rear yard to be located 4.14 metres from the rear lot line rather than the 7.5 metres required. View of Subject Property Under Construction (September 4, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in rear yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 7.5 metres rear yard setback is to ensure that there is adequate amenity space on site and to provide adequate separation of buildings. The subject property is irregularly shaped and has a large interior side yard that provides abundant amenity space. The home itself is located more than 7.5 metres from the rear lot line, so the requested variance applies only to the covered deck portion. Since the dwelling structure is meeting the rear yard setback Staff is of the opinion that adequate building separation is met. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The site is large and has adequate amenity space, and the requested variance is not expected to cause adverse impacts to neighbouring properties. Therefore, Staff considers the variance to be appropriate. Is the Variance Minor? 4. The requested variance is due to an irregular shaped lot and Staff is confident that the amenity space and building separation continue to be adequate. Therefore, the requested variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new roof structure is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca 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 minor variance application A2020-062 requesting permission to construct a covered deck in the rear yard of an existing single detached dwelling having a rear yard setback of 4.14 metres rather than the required 7.5 metres be approved. Eric Schneider, MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Planner Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner -519-741-2200 ext. 7869 WARD: 2 DATE OF REPORT: August 31, 2020 REPORT #: DSD -20-122 SUBJECT: A2020-058 — 64 Grand Flats Trail Owner — Fusion Homes Applicant — Phil Ha Approve Subject Property: 64 Grand Flats Trail REPORT Planning Comments: The subject property located at 64 Grand Flats Trail, at the intersection of Rivertrail Avenue and Grand Flats trail in the Grand River South neighbourhood, is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 7.93 metres from the intersection of street lines abutting the lot rather than the required setback of 9 metres. Staff conducted a site visit on August 27th , 2020. Subject Property: 64 Grand Flats Trail In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. Meets the General Intent of the Official Plan Test The intent of the Low Rise Residential land use designation in the Official Plan is to accommodate a full range of low density housing types. The requested variance meets the general intent of the Official Plan, as the proposed variance is providing low density housing and is not impacting the overall low density residential character of the area. 2. Meets General Intent and Purpose of Zoning By-law Test The application is to reduce the setback to the intersection to 7.93 metres from 9.0 metres. The intent of the 9.0 metres setback in the Zoning By-law 85-1 is to ensure there are no obstructions in the corner visibility triangle (CVT), thus allowing vehicles entering and exiting the intersection to do so safely. Though By -Law 85-1 is in effect, the pending draft Comprehensive Review of the Zoning By-law (CroZBy) 2019-051 will change that setback requirement to 7.0, metres which will likely remove the need for this variance in future developments. The parking space, as well as the driveway, are located outside of the new proposed CVT dimensions. It is not anticipated that the proposed driveway will create an obstruction to visibility and not expected to result in any negative impacts on the adjacent residential properties. Therefore, the general intent of the Zoning Bylaw continues to be maintained. 3. Is the Variance "Minor" Test Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the intersection of Rivertrail Avenue and Grand Flats Trail will be negligible due to the lower volumes of traffic in the area. 4. Is the Variance Appropriate Test The requested variance is considered appropriate. The size of the corner visibility triangle is being reduced from 9 to 7 metres in By-law 2019-051. The reduction is supported by Transportation Planning staff. Therefore, the variance is appropriate for the development and use of the land. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application as the proposed driveway location will not obstruct the Corner Visibility Triangle (CVT). Under the existing Zoning By-law 85-1, the CVT is 7.5m x 7.5m along the property lines of the corner lot and will be only 7m x 7m in the new Zoning By-law 2019-051. Engineering Comments: No concerns RECOMMENDATION Based on the foregoing, Planning staff recommends that this application A2020-058 requesting relief from Zoning By -Law 85-1 Section 6.1.1.1. b.) iv) to allow a driveway to be located 7.93 metres from an intersection rather than the required 9.0 metres be approved. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 K�-R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 1511, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: September 3Id, 2020 REPORT #: DSD -20-123 SUBJECT: A2020-059 — 132 Wilhelm Street Applicant — David and Erin Westra Recommendation: Approval with conditions 1 Location Map: 132 Wilhelm Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 132 Wilhelm Street is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a front yard addition on to the existing single detached dwelling and cannot meet the requirements of Section 38.2.1 of the Zoning By-law. The applicant is requesting relief to allow an addition to have a front yard setback of 5.15 metres and a front yard porch to have a front yard setback of 3.4 metres rather than the required minimum front yard setback of 6.15 metres for both the dwelling and a porch that is over 0.6 metres in height, as identified for lands identified on Appendix H. City Planning staff conducted a site inspection of the property on August 26, 2020. 132 Wilhelm Street (Front view) 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 City's Official Plan. The proposed variance meets the intent of the designation, which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced front yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variance to have a front yard setback of 5.15 metres and a porch setback of 3.4 metres whereas 6.15 metres is the required front yard setback for both the dwelling and for a porch that is over 0.6 metres in height meet the general intent of the Zoning By-law. The purpose of the front yard setback for lands identified on Appendix H (RI ENS) is to provide a consistent front yard setback throughout along the street line throughout the neighbourhood. The proposed addition is small in nature and is setback further than the neighbouring property to the east. Staff is satisfied that the front yard setback and porch setback will continue to provide a consistent street line and thus meets the general intent of the Zoning By-law. Application is Minor 3. The proposed reductions in the front yard setback and porch setback is minor as it represents only a 1.0 metres difference and will not adversely affect the subject property or adjacent properties. Therefore, Staff is of the opinion that the requested variance is minor. 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. J I 112 7AW} '-93 11201 EMYING r d T O—STOKY A ie I �I 9 I 0 I �I I d "27 Ll 3W7 +4051 I I 11305 + JPR0P0SEp PROPOSED+/— GLE-STOREY E� COVERED 'M7 A0131TICN 131.3 sq. t!_ OMYEWAY (12.2 VI L--�--.__-----------J 113UILDINC SETISAI l f i �SBi� I n r' \ I F P UPERTY UAE 4.9m x 4.Sm 13AYLFG[oT M5181LITY TRIANGLE Proposed addition —132 Wilhelm Street 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 building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given that the potential encroachment into the DVT is fairly minimal and should not impact sightlines significantly, Transportation Services can support the proposed application. Environmental Comments: The mature urban forest is one of the identified attributes contributing to the value of the Mount Hope — Breithaupt Cultural Heritage Landscape. A healthy, mature tree graces the front yard of this home, and measures should be taken to ensure that the addition's construction (including proposed covered porch and new steps) will not have negative effects on this tree. Therefore, the City is requesting that a (Scoped) Tree Preservation Plan be undertaken by a certified arborist and approved by the City's Urban Designer or Environmental Planner, in order to provide advice to the homeowner and contractor on measures to protect the tree's continued vigour. A condition to require the approval of a (Scoped) Tree Preservation Plan prior to the issuance of the building permit(s) should be requested as part of the approval of the variance. Heritage Comments: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 132 Wilhelm Street is located within the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape. 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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION That minor variance application A2020-059 requesting permission to build a front yard addition on an existing structure to have a front yard setback of 5.15 metres and a front yard porch setback of 3.40 metres rather than the permitted 6.15 metres required for both the dwelling and for a porch that is over 0.6 metres in height, be approved with conditions: 1. For the owner to submit a scoped Tree Management Plan/Arborist Report to be submitted and approved by the Director of Planning, prior to issuance of a building permit. zz Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: R www.kitch ever. ca Committee of Adjustment September 15th, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Tim Seyler, Planner — 519-741-2200 ext. 7860 3 September 3Id, 2020 DSD -20-124 A2020-060— 36 Jacob Gingerich Drive Applicant — Michael and Judith Rowley Recommendation: Approval 30, C0$ GtNC V }GQ i OR 0: MA -11, -z. .�� Location Map: 36 Jacob Gingerich Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 36 Jacob Gingerich Drive is zoned Residential Three (R-3) with Special Regulations 252R and 280R in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build a rear yard addition on to the existing single detached dwelling and cannot meet the requirements of Section 37.2.1 of the Zoning By-law. The applicant is requesting relief to allow a rear yard setback of 6.63 metres rather than the required 7.5 metres. City Planning staff conducted a site inspection of the property on August 26, 2020. 36 Jacob Gingerich Drive (Rear view) 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 City's Official Plan. The proposed variance meets the intent of the designation, which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood. The proposed variance conforms to the designation and it is the opinion of staff that the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The requested minor variance to have a rear yard setback of 6.63 metres rather than the required 7.5 metres can be considered minor. The purpose of the 7.5 metres setback is to provide outdoor amenity space as well as adequate separation from neighbouring properties. The proposed addition is small in nature as a majority portion of the dwelling will continue to be setback further than the required 7.5 metres, which will still provide adequate rear yard amenity space and the impact on neighbouring properties is minimal. Application is Minor 3. The proposed reduction in the rear yard setback is minor as it represents only a 0.87m difference and will not adversely affect the subject property or adjacent Therefore, Staff is of the opinion that the requested variance is minor. 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. h JACOB G I NGR I CH DRIVE i21.415 1 I Efi I $ I I -I I I I rir_4• w 114P -r) I � I LOT 23 - wu""D � pI _ R � Fp111fQ14T I pl O� I xn 4. 9T J {ruH fJ f,� T10 R' FSi� Q97, j � +ae�a�jpN PLAN v S N T'42' 9 21 859 2.4 Proposed addition — 36 Jacob Gingerich Drive 58M-! 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 building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca 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 has no concerns with this application. RECOMMENDATION That minor variance application A2020-060 requesting permission to build an addition on an existing structure to have a rear yard setback of 6.63 metres rather than the permitted 7.5 metres, be approved. Tim Seyler, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff RepoifK�i-'(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 10 DATE OF REPORT: September 4, 2020 REPORT NUMBER: DSD -20-125 SUBJECT: Application A2020-061 35 Sheldon Avenue North Owner — Reaching Our Outdoor Friends (Kitchener) Applicant — Thomas Fischer & Matthew Lubberts Approve Subject Property: 35 Sheldon Ave. N. (Hatched Lands 1306-1314 King St. E) Staff Report Development Services Department Background: wwwkitchener. c a On September 9, 2019, the City of Kitchener granted Approval in Principle for 35 Sheldon Avenue North for Reaching Our Outdoor Friends (Kitchener) for the conversion of a single detached dwelling to a residential care facility (offices and kitchen). Also, on September 9, 2019, the City of Kitchener granted Approval in Principle for oneROOF Non -Profit Housing Inc. for 1306 & 1314 King Street East for a residential care facility in a mixed-use building. The three properties are collectively used together, but the properties addressed as 1306 & 1314 King Street East are in different ownership as the property addressed as 35 Sheldon Avenue North. Site works have been recently completed that include a visual barrier (wooden fence) surrounding the properties as well as an internal sidewalk that connect the sites together. The Applicant is now proposing to add supportive dwelling units in the form of modular buildings in the rear yard of 35 Sheldon Avenue North. The units would be part of a residential care facility that provides accommodation and supports for at -risk youth. Report: The subject properties are designated as Mixed Use in the City's Official Plan and zoned as Medium Intensity Mixed Use Corridor (MU -2). 35 Sheldon Avenue North is subject to Holding Provision 15H which permits only a single detached dwelling, duplex, multiple dwelling, lodging house having less than 9 residents, residential care facility having less than 9 residents, home business and private home daycare, and only within the buildings existing on January 24, 1994 and uses accessory thereto, until such time as the lands have been consolidated with lands fronting King Street East and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning. Neighbourhood Planning Reviews The City is undertaking a detailed review of the land use and planning framework for many specific Kitchener neighbourhoods, including the subject property, known as the Neighbourhood Planning Reviews project. This process involves creating new policies and mapping that will be added to our Official Plan, updating zoning, considering new urban design guidelines and implementing our cultural heritage landscapes. Through this, the City will be implementing the Planning Around Rapid Transit Stations (PARTS) Study, Kitchener's Cultural Heritage Landscape Study (CHLS), and the Residential Intensification in Established Neighbourhoods Study (RIENS). The property is proposed to be designated as Mixed Use with Site Specific Policy 3 Mixed Use — Medium to High Rise, which permits a minimum FSR of 0.6 and a maximum FSR of 4.0 and limits building height to a maximum of 8 storeys or 26 metres in height. The updated King Street East Secondary Plan was presented to Kitchener City Council in December 2019, however no final decision has been made and therefore the plan has no legal status. Along with the new land use designation, new zoning was also recommended, being MIX -3. As these changes have not yet been approved, the current Official Plan designation and MU -2 zoning prevails. Staff Report Development Services Department wwwkitchener.ca Minor Variance Application A2020-061 requests the following variances; - Relief from Section 54.2.1 to permit a maximum front yard setback of 34.3 metres whereas the maximum is 7.5 metres is required, - Relief from Section 54.2.1 to permit a Floor Space Ratio (FSR) of 0.75 whereas a minimum of 1.0 is required, - Relief from Section 54.2.1 to permit dwelling units on the ground of a residential care facility, - Relief from Section 6.1.2.a to permit a residential care facility to have 5 parking spaces whereas 6 is required, and - Relief is sought from Section 15 of Appendix F to permit a residential care facility with more than 9 residents without consolidating with lands fronting onto King Street. A site inspection as conducted on September 1, 2020. Existing Rear Yard of 1314 King Street East r z - :,{ x PJr r ��+ "7''1 ��. 'i�f��r3r F � � �.7,C9� a t ,.•. Staff Report Development Services Department Planning Comments: wwwkitchener. c a 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 subject property is located within the Urban Corridor Intensification Area as shown on the City's Urban Structure map. The planned function of Urban Corridors is to provide for a range of retail and commercial uses and intensification opportunities that should be transit -supportive. The property is designated as Mixed Use in the King Street East Secondary Plan (Official Plan). The Mixed Use land use designation plays an important role in achieving the planned function of the Intensification Areas of the City's Urban Structure. Lands designated Mixed Use have the capacity to accommodate additional density and intensification of uses. Development and redevelopment of properties will be encouraged to achieve a high standard of urban design, be compatible with surrounding areas, be transit -supportive as well as cycling and pedestrian - friendly. The policies encourage a mixture of permitted uses within a building. Generally, no building will exceed 8 storeys or 25 metres in height, whichever is greater at the highest grade elevation, on lands designated Mixed Use in an Urban Corridor. An objective of the Official Plan is to provide for an appropriate range, variety and mix of housing types and styles, densities, tenure and affordability to satisfy the varying housing needs of our community through all stages of life. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. The Official Plan supports housing assistance to be provided to members of the community who have difficulty accessing safe, suitable and affordable housing. The City, in cooperation with senior levels of government, the Region, private landlords, builders and community groups will continue to utilize existing programs and seek improved and cost effective senior government assistance to provide a range of housing options that address affordable housing needs. Appropriately scaled special needs housing is permitted in any land use designation which permits residential uses. The City will encourage and support the creation and retention of special needs housing. The City will ensure that new special needs housing or the adaptive reuse of existing buildings for special needs housing is compatible in terms of use and built form with the surrounding context. The City will encourage and support special needs housing to locate in close proximity to public transit, commercial uses and other compatible non-residential land uses, parks and community facilities and have convenient access to community, social and health services. Residential care facilities are also permitted in any land use designation which permits residential uses. The size, scale, types, location and concentration of residential care facilities may be further regulated in the City's Zoning By-law. The City will support comprehensively planned and developed residential care facilities that vary housing forms to allow residents to transition through life stages. The Housing polices in the Official Plan provide direction when a minor variance is requested to facilitate residential intensification or a redevelopment of lands. Any new buildings must be Staff Report Development Services Department wwwkitchener. c a appropriate in massing and scale and be compatible with the built form and the community character of the established neighbourhood. The site must be able to function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. The impact of a variance cannot compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and should not create further zoning deficiencies. The proposed development retains the existing building that is visible from the public realm (Sheldon Avenue North) and directs new development to the rear of the property, preserving the streetscape and character of the property. The property is within the King Street Mixed Use Corridor which features access to transit and a variety of uses. The proposed use as a residential care facility meets a special needs housing demand and offers safe and suitable housing options for at -risk youth. The expansion of the facility will allow for additional accommodation opportunities for vulnerable persons in our community. The proposed new building in the rear yard is appropriate in massing and height and is compatible with the planned function of the King Street East Mixed Use Corridor. The new building will be buffered from adjacent uses with setbacks, landscaping, and a visual barrier (wood fence). The proposed setbacks are sufficient to ensure that adequate landscaping can be provided to screen around the entire site. The landscape buffer around the site will accommodate landscaping and a visual barrier. The site can function appropriately, has a sufficient number of parking spaces and provides a functional landscaped/amenity area on site. There is sufficient green space on site to provide outdoor amenity areas for the future residents of the building. On-site parking is provided in at 35 Sheldon Avenue North and on the King Street properties. Details such as lighting, landscape design and materials, amenity areas, fagades, and site layout and configuration will continue to be refined through the site planning process with additional review and approval of subsequent detailed design plans and drawings. The site planning process will also include a development agreement which will ensure the long-term maintenance and upkeep of the site. Site Plan Control will be used in accordance with the Planning Act as a means of achieving a well-designed, functional, accessible, and sustainable built form. For the reasons, Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The request to permit a maximum front yard setback of 34.3 metres whereas the maximum is 7.5 metres is required meets the general intent of the Zoning By-law. The mixed use corridor zoning has a maximum front yard setback to ensure that the built form addresses the street edge, creating a pedestrian friendly streetscape and a consistent setback framing the street. This regulation is applied to any street edge, including front and side yards abutting a street. In this case, the existing building addressed as 35 Sheldon Avenue North is neither designated or listed under the Ontario Heritage Act, but is identified on the Heritage Kitchener Inventory of Historic Buildings as a property of interest. The findings of a 2016 Cultural Heritage Evaluation Report notes that the built features associated with the Tudor Revival architectural style and the views of Staff Report KN x Development Services Department wwwkitchener.ca the front yard contribute to the cultural heritage value or interest of the subject property. The report also notes that the mirrored -image building at 43 Sheldon Avenue and the symmetry of the front yard landscape also of significance. The proposed front yard setback of 34.3 metres will be consistent with the adjacent building. The variance will legalize the existing setback so that a new building can be built in the rear yard and the views to the existing building are retained. The variance to permit a minimum FSR of 0.75 whereas a minimum of 1.0 is required, is consistent with the intent of the Zoning By-law. The minimum FSR is established to ensure that a minimum density is achieved on sites within a planned growth area (mixed use corridor). In consideration of the cultural heritage interest associated with this property, it is appropriate to retain the existing building and permit development within the rear yard. This effectively reduces the amount of the lot area that can be used for development. Having a low rise building in the rear of the existing building is appropriate for the context of the surrounding built form. Given all these considerations, it is appropriate to reduce the minimum FSR requirement for this development. The request to permit dwelling units on the ground level of a residential care facility is consistent with the intent of the Zoning By-law. The mixed use zoning requires active uses that are pedestrian friendly be located on the ground floor to ensure that the streetscape is activated and that residential uses are separated from noise and activity occurring at street level. In this case, the proposed building is in the rear yard and is not street facing. The existing building, which is street facing, does not have any residential uses on the ground floor. The requested parking reduction to permit a residential care facility to have 5 parking spaces whereas 6 is required is requested because one existing space may need to be removed to accommodate a fire route plan to the rear yard (new building). The applicant is proposing to reconfigure the parking spaces to provide 7 parking spaces, but that plan is not yet approved by the City's Site Plan Review Committee, so the variance is required in the event a suitable configuration cannot be achieved. Parking requirements for a residential care facility are partly based on the number of staff employed. Large residential care facilities require three parking spaces per facility, plus one for every three staff in attendance at any one time. Based on this requirement, the 5 parking spaces on site can accommodate six staff at one time, which the Owner has advised is sufficient for their staffing model. The purpose of the parking regulation is to ensure that adequate on-site parking is provided. Planning staff is satisfied that the parking reduction is consistent with the intent of the Zoning By-law. Relief is sought from Section 15 of Appendix F to permit a residential care facility with more than 9 residents without consolidating with lands fronting onto King Street. The holding provision was applied to 35 Sheldon Avenue North to ensure that if the property was developed for a variety of uses, including a large residential care facility with more than 9 residents, that it would be consolidated and redeveloped with a property with frontage onto King Street East. In this case, the three properties are physically developed together but remain in different ownership for financial reasons. Pedestrian access is provided from 35 Sheldon Avenue North to King Street, through 1314 King Street East. The rear yards have been fenced collectively to create a large outdoor amenity space. All 3 properties have been site plan approved, and an updated site plan will be required for the new building in the rear yard of 35 Sheldon Avenue North. Planning staff is satisfied that the intent of the Holding Provision is met as the three properties are planned and function together but are in different ownership for financial reasons. Staff Report Development Services Department 3. Is the Variance Minor? wwwkitchener. c a The subject lands are planned to accommodate intensification and residential care facilities are permitted. The proposed building is interior to the three sites and located in the rear yard of 35 Sheldon Avenue. The property will be subject to a site plan approval process to update the current approved plans. The scale and density of the proposed building is appropriate. The landscape and views to the existing building, which are of heritage interest, are retained. Therefore, Planning Staff is of the opinion that the requested minor variances are minor. 4. Is the Variance Appropriate? The variances will legalize the existing building at 35 Sheldon Avenue North and permit a new building in the rear yard. The City supports housing for all people in all stages of their lives. The proposed expansion to the residential facility will help to accommodate growing demand to provides supports and accommodation for at -risk youth. Planning Staff is of the opinion that the variances are appropriate. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition residential units are obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services strongly recommends that the applicant works to ensure minimum zoning requirements are met and proposed parking spaces #6 & #7 are constructed as the proposed re- configuration of the parking area as shown would significantly impact parking spaces #2 & #3. These issues will be resolved through the site plan application process. That being said, should a parking reduction from six (6) to five (5) spaces be necessary, Transportation Services can support the proposal given their proposed staffing model. Heritage Comments: The property municipally addressed as 35 Sheldon Avenue North is neither designated or listed under the Ontario Heritage Act but is identified on the Heritage Kitchener Inventory of Historic Buildings as a property of interest. The findings of a 2016 Cultural Heritage Evaluation Report were presented to the Heritage Kitchener committee at its meeting held on September 3, 2019 in support of oneROOF's phased redevelopment plans. The built features associated with the Tudor Revival architectural style and the views of the front yard contribute to the cultural heritage value or interest of the subject property. The proposed variances are required in order to facilitate the retention of the built heritage resource and legalize the existing property given the zoning that is presently in place. As such, Heritage Planning staff has no concerns with the proposed Minor Variance application. Engineering Comments: If the Building Department requires a sprinkler system to be installed and the owner needs to upgrade their services they would need an Off -Site Works Permit from Engineering. Otherwise, Engineering has no comments or concerns. Staff Report vx Development Services Department wwwkitchener.ca Environmental Planning Comments: Environmental Planning staff has reviewed the application and has no concerns. The Tree Management Policy will be addressed through the Site Plan Process. Region of Waterloo: Regional staff has reviewed the application and has no concerns. RECOMMENDATION: Minor Variance Application A2020-061 requesting relief from Section 54.2.1 to permit a maximum front yard setback of 34.3 metres whereas the maximum is 7.5 metres is required, relief from Section 54.2.1 to permit a minimum FSR of 0.75 whereas a minimum of 1.0 is required, relief from Section 54.2.1 to permit a dwelling units on the ground of a residential care facility, relief from Section 6.1.2.a to permit a residential care facility to have 5 parking spaces whereas 6 is required, and relief is sought from Section 15 of Appendix F to permit a residential care facility with more than 9 residents without consolidating with lands fronting onto King Street, be approved. Garett Stevenson, B.E.S., MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 oneROOF formerly Reaching Our Outdoor Friends "One youth on the street is one too many" 1 Since 1989, oneROOF Youth Services has been committed to providing for the safety, support, and overall well-being of youth who are homeless or at risk, aged 12-25, in Waterloo Region. In 2019 oneROOF supported 589 young people who were homeless or precariously housed. Our programs/supports are based on unconditional, positive regard. Our programs enable youth to develop & grow at their own pace, by strengthening & expanding on their identity as contributing members of the community, while enabling them to become independent & self-sufficient. oneROOF Youth Services staff/volunteers provide the following programs and supports: • an18 bed coed emergency shelter • life skills training • group and/or 1-1 counseling • family mediation • substance abuse programming • education/treatment/referrals Outreach • 3 hot meals per day & weekly food hampers • shower and laundry facilities • Advocacy and Accompaniment (to medical, psychiatric and court appointments) • Subsidies • access to medical care and an ID clinic • Clothing & lockers for storage • housing support • intensive case management • Trusteeship • 3 social enterprise programs that develop transferable employment skills & recreational opportunities • Public educate regarding youth homelessness, street life, stigma, mental health and substance us as it pertains to youth 2 1 Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 Homelessness is rooted in a national shortcoming, the issue pervades the very neighbourhoods in which we live. In the Region of Waterloo, recent estimates of the unsheltered population amount to 150 to 200 individuals in Kitchener -Waterloo and 150 in Cambridge, with an additional 280 individuals precariously housed in emergency shelters. The range of homelessness includes the unsheltered, emergency sheltered, provisionally accommodated, and those at risk of homelessness. Individuals most at risk include those with mental health and addictions, victims of domestic abuse, those receiving minimum wage, students and youth, recent immigrants, Indigenous peoples, single parents, those previously incarcerated, persons with disabilities with low to moderate incomes, and seniors, especially those in rental housing or requiring care with several of these factors often intersecting. Federal legislation Division 19 of Bill C-97 recognizes the right to adequate housing as a fundamental human right. Housing first models promote safer, more sustainable and more vibrant communities, and are more cost efficient in the long term. Yet, housing and rental costs have been rising in the Region of Waterloo, along with a growing population of homeless individuals. In addition, the amount of housing has not kept up with the demand. Several programs have been implemented in the region to begin to tackle homelessness, including the 10 -Year Housing and Homelessness Plan, Waterloo Region Housing (WRH) 20 -Year Master Plan, and the Kitchener Affordable Housing Strategy, however, there continues to exist a dearth of meaningful outcomes. 3 • Canadian research shows 85.4% of homeless youth experience a mental health crisis. • 42% of homeless youth reported at least one suicide attempt. • 35.2% of homeless youth reported at least one drug overdose requiring hospitalization. • Waterloo Regional Police Services recently released data indicating 774 overdoses from Jan 2020 -July 2020. • suicide is the 2nd highest cause of death among youth 15 - 24 years of age In a country as rich as Canada, we should not have a single youth experiencing homelessness — and yet in 2019 oneROOF supported 589 young people who were homeless or precariously housed. The stress of experiencing homelessness may exacerbate previous mental illness and encourage anxiety, fear, depression, sleeplessness and substance use. And the cycle continues. Our system is broken and we cannot continue to do the same thing and expect different results!! We need to change — in order for our homeless situation to change. 4 oil Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 Family Streets/Shelter Independent Breakdown System Living National research - and our 30+ years of experience - proves that youth simply do not have the housing history, maturity, life experience or necessary skills to make the leap from streets/ shelter to independent living WITHOUT supports or a transitional pathway to give them time to build skills. We set them up to fail if we continue to expect this current system to work! 5 • To build a youth hub where services come to the youth instead of the youth having to try to navigate a complex system • To provide a truly wrap-around support system under one roof • A housing pathway that will lead youth to successful independent living — and will eradicate youth homelessness in Waterloo Region • Continue programming that is focused on prevention & diversion; and family reconnections 0 3 Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 a NEW/BETTER Youth Pathway Out of Homelessness... Good!IL for Diversion to Host Homes Program or Other Family Independent Members Family Living Breakdown Streets/ Supportive Supported Shelter System Housing Housing Note: Host Homes is an existing oneROOF program that matches lower acuity youth to families willing to enter into a room &b oard living situation Supportive Housing = 24/7 Staff support on site Supported Housing = weekly Staff support on site 7 • We continue to review and evaluate our existing programs to remain relevant to youth needs • We have made operational changes since we arrived in our new neighborhood — as a response to the feedback that we received from our neighbors. For example our staff walk the property perimeter every 2-3 hours to encourage youth not to loiter on the public space; we respond quickly to requests to clean up garbage and/or graffiti that our youth may or may not be responsible for, etc. • Since Argus Residence in Cambridge closed their doors (Aug 4, 2020) we are now the ONLY youth specific drop-in/shelter for this vulnerable population in the Region — and we have increased our programming and staffing model in order to accommodate an increase in youth numbers • Created a Supportive Housing vision that will ERADICATE YOUTH HOMELESSNESS — if funding is available to complete it (40-50 units on 4-5 levels of housing all in ONE building) • Provide 3 social enterprise programs to enable youth to gain employment skills and job readiness skills • We bought a property — mortgage free... so let's BUILD and be the first City/Region in Ontario/Canada to make the claim that we have ERADICATED YOUTH HOMELESSNESS!! 0 M Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 Now's the time to get excited!!!! k 9 0 a j1 � 1 We bought a property - mortgage free... so let's BUILD and be the first City/Region in Ontario/Canada to make the claim that we have ERADICATED YOUTH HOMELESSNESS!! N 10 Yi li 35 Sheldon Ave N - 1314 King StE& 1306 King St E ReIa i ..d Re„—.1 --.— Wq oneROOF — R1 5 Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 OUR VISION Phase 1 one temporary level to ensure 18 housing units ready before the snow flies! Phase 2 4-5 levels to provide shelter space; enough units to eradicate youth homelessness; and common/program space (to bring other community youth programs under one roof) 11 ii Inn SHELDON NOW HOUSING PHASE 1, TEMPORARY Affordable Housing Solutions 12 A Submission from S. Dietrich -Bell CEO - oneROOF - 2020-09-09 rNIF-i-.11M NOW HOUSING Affordable Houning Solublons SHELDON PHASE I, TEMPORARY Meeting Ontario Building Code requirements for Suite space 27.18m2 (292.58 sqft) total with a dimension of 12.12m x 2.44m (40'x 8') ✓ 2 units, 13.59m2 (146.29 sqft) each, private entrances ✓ Private bathrooms, laundry, kitchenettes & beds Fire-resistant center dividing wall 13 Phase 2 BASEMENT—SHELTER (PICTURED BELOW) NOW HOUSING MAINFLOOR— COMMUNITY/PROGRAM SPACE Affordable Housing Solutions 3-4 LEVELS WITH DUO -SUITES AND STUDIO SUITES Two units 40'x 32'& 1280 sqft each 14 7 Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K�-W FLE. P.x www.kitchener. ca Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Eric Schneider, Planner — 519-741-2200 ext. 7843 7 September 4, 2020 DSD -20-126 A2020-062 — 6 Willow Green Court Applicant — Jon Crummer Recommendation: Approval Location Map: 6 Willow Green Court *** 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 6 Willow Green Court is zoned Residential Three Zone (R-3) in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on September 4, 2020. The applicant is requesting relief from the Zoning By-law to allow the first required parking space for a duplex dwelling to be located 2.3 metres from the street line rather than the required 6.0 metres required in Section 6.1.1.1b i) of Zoning By-law. Existing Building at 6 Willow Green Court (September 4, 2020) In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. General Intent of the Official Plan 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing, including duplex dwellings, to achieve a low overall intensity of use. The requested variance for reduction in parking setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a parking space to be setback 6 metres from the street line is to encourage screening of vehicles within side yards and garages. There is inadequate space for vehicle storage in the side yards and the existing garage is too small for vehicle storage and is proposed to be converted to living space to accommodate a duplex dwelling. The property has an existing double wide driveway which will continue to be used for parking. This will allow the parking spaces to function independently rather than in tandem. Since there are no viable opportunities for other vehicle storage on site, Staff is satisfied that the parking for the proposed duplex dwelling within the existing double driveway is adequate. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The use of parking on the driveway on site will not change as a part of this request for relief and Staff does not believe it will cause adverse impacts in the neighbourhood and is therefore considered appropriate. Is the Variance Minor? 4. The proposed duplex dwelling will continue to provide 2 parking spaces that will function independently and will not cause any changes on site. Therefore, the requested variance is considered minor. Building Comments: The Building Division has no objections to the proposed variance. An Application has been made to change the use into a duplex and is currently under review. Transportation Services Comments: As this is an existing condition and falls on an extremely low traffic roadway, Transportation Services does not have any 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 minor variance application A2020-062 requesting permission to convert a single detached dwelling into a duplex dwelling having 1 required off-street parking space located 2.3m from the street line rather than the required 6m be approved. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 :.x www1l tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 1 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-127 SUBJECT: A2020-063 — 353 Krug Street Owner — Richard and Deborah Nuhn Approve without conditions REPORT Planning Comments: The subject property is located on the south side of Krug Street, immediately east of the Highway 7/8 overpass, in the Rosemount Planning Community. The subject property is designated Low Rise Residential in the Official Plan and is zoned Residential Three (R-3) in By-law 85-1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). The property contains a 1.5 storey single detached dwelling constructed in approximately 1951. The property is in an area that contains mainly low-density residential uses. Planning staff visited the site on August 28, 2020. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The owner is requesting a side yard of 0.6 metres, whereas Zoning By-law 85-1 requires a minimum side yard of 1.2 metres, in order to facilitate the construction of a new, larger, one -storey carport (i.e., considered part of the dwelling). The owner intends on demolishing the existing carport, shed, and deck and constructing the new carport in their place. It should be noted that current carport is set back only 0.4 metres from the side lot line, whereas the new carport would be set back 0.6 metres. The new carport would be longer than the existing carport, but it would be set back about the same distance from the street (i.e., the carport would extend further into the rear yard). General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variance, including, but not limited to: 4.C.1.8. Where ... variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new... additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. In this regard, the proposed carport is set back approximately the same distance from the street as the existing carport. The carport will meet all other zoning regulations, including building height. In addition, the proposed carport will be set back further from the side lot line than the existing carport. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the by-law requiring a 1.2 metre side yard setback is to ensure adequate buffering between buildings, to ensure access to the rear yard, and to allow adequate space for the owner to maintain the property and dwelling from his/her property. In this regard, staff is satisfied that a 0.6 metre setback is adequate, especially considering the addition is only one -storey in height and because it is at the side of the dwelling. The applicant is putting a large door at the rear of the carport which will enable equipment to be transported into the rear yard (e.g., wheelbarrow, lawn mower). Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By- law. "Minor" Test The variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. Planning staff is satisfied that a 0.6 metre side yard is an adequate buffer to the side yard of the adjacent property. It should be noted that the proposed carport actually increases the setback from the current situation. Planning staff is of the opinion that the variance is minor. Desirability for Appropriate Development of the Land Test The variance will allow the construction of a new carport which will make the dwelling more functional. Permitting the variance will facilitate the construction of a carport which helps to meet the City's Official Plan policy of encouraging and supporting the ongoing maintenance and stability of existing housing stock in the city by supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified. Building Comments: The Building Division has no objections to the proposed variance. Application has been made for the carport and is currently under review. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Heritage Comments: No concerns or comments. Environmental Planning Comments: No concerns or comments. Region Comments: No concerns. RECOMMENDATION That Minor Variance Application A2020-063 requesting relief from Section 37.2.1 to allow a side yard of 0.6 metres, whereas the Zoning By-law requires a minimum side yard of 1.2 metres, in order to facilitate the construction of a new, one -storey carport, be approved without conditions. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attach: • Proposed Plan Submitted with Application Form PL,ilaing i_ccatton Survey of LOT 34 P GiST.EREl3 PLAN! rap. 720 C;TY OF KITCHENER Re^yion,)l Municipohty of Waterloo O '020 30 tlO SCALE i; 240 —� —= —�---1 FEET W. .V,,FH S AUER LIMITE0- 1986 Cc) COPYR9,r;T C'?':..V'_ZS 3HpwN ON Twl5 RLAH -C IN FEET 6E :GVVERTZ0 YO METALS BY MULTIFL1E44 aY 0 WAS K R:)G 1 REE•f �161Q 1 h1 6$d 33' t: E REF E'RE NGF. 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NIT'.EFER'—ONTr_ARIO 1.5 . _ MAY I, 1906 € GM0 1 PCW Y Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River 1 Staff Report I�ITCHENE� Community Services Department www.kirchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 9 September 9, 2020 DSD -20-128 A 2020-064 — 193 Strange Street Owner — Cristina Nicoli Approve, as Amended, with Conditions Photo 1: Aerial photo REPORT Planning Comments: The property is zoned 1-1 (Institutional One), with special provision 102U, in By-law 85-1 and designated Community Institutional in the K -W Hospital Neighbourhood in the Official Plan. It is located on the north- west corner of the intersection of Strange and Elms Streets. Staff visited the site on September 8, 2020. The owner is requesting permission to construct a detached garage in the rear yard of an existing single detached dwelling having a side yard abutting Elm Street of 4.5 metres rather than the required 6 metres. As well, further review by staff has determined that there is an additional variance required. The maximum driveway width permitted for this property is 8 metres. Though not shown on the drawing, the applicant has advised that the driveway width in front of the detached garage is 8.63 metres, therefore, this will also require a variance. Staff recommends that this variance be amended to permit to construct a detached garage in the rear yard of an existing single detached dwelling having a side yard abutting Elm Street of 4.5 metres rather than the required 6 metres; and to permit a driveway width of 8.63 metres rather than the maximum permitted 8 metres. Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. General Intent of the Official Plan The subject property is designated Community Institutional in the K -W Hospital Neighbourhood Secondary Plan. The intent of this designation is to make provision and recognize the existence of institutional uses such as elementary schools, churches and community services. As well, it makes provision for a range of residential uses which are complementary to the community institutional uses. The single detached dwelling is permitted in the designation and the proposed detached garage accessory to this permitted use. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 6 -metre setback for a building used to accommodate off-street parking is to ensure that there is an adequate driveway area in front of the garage so that any vehicles parked outside of the garage do not encroach onto City lands and/or sidewalks. At 4.5 metres, the area proposed in front of the garages would accommodate mid-size to smaller vehicles. In addition, there is City owned land of approximately 6.4 metres between the property lot line abutting Elm Street and the City sidewalk (see Photo 1). The 4.5 metres setback on the subject property and the 6.4 metres to the sidewalk provides an adequate driveway area for vehicles that may be parked in front of the garage. Staff is of the opinion that the general intent of the Zoning By-law is met. It is noted that the proposed detached garage is intended to accommodate parking for three vehicles. As noted by Transportation Planning staff, the minimum parking space size inside a garage is 3.04 by 5.49 metres, and this will be reviewed and confirmed through a Building Permit. Minor As noted above, the proposed setback on the subject property will provide for adequate parking area for vehicles in front of the 3 -car garage. Staff is of the opinion that the variance is minor. Appropriate Development The proposed variance is for an accessory detached garage to a single detached dwelling. It is noted that there is a permitted home business (personal service) in the house. The garage and the driveway in front of the garage will provide enough parking for both the dwelling and the home business use. Also, based on above comments, staff is of the opinion that the variance is appropriate for the subject property and surrounding residential, institutional and industrially zoned areas. Photo 2. View from Elm St. Additional comments Staff has reviewed the property history and note the following: 1) A previous owner has created a gravel parking area that covers the entire rear yard. This is in not in compliance with the Zoning Bylaw which permits a maximum 8 metres of width for one driveway only. However, as noted in the amendment to this variance, a driveway width of 8.63 metres is being requested. Staff has previously advised the owner that the non -complying driveway / parking area is to be removed to prevent vehicles parking throughout the entire rear yard area (see Photo 2). Staff is requesting a condition that a plan of the property be submitted that details the driveway and the material to be used for the driveway; as well as noting the area where the non -complying gravel is to be removed and landscaping installed and any other method to prevent parking (such as fencing). If fencing to be installed on City property, the applicant and owner are advised that it shall be included in the encroachment agreement. The owner would have until 8 months after building permit issuance to implement the plan, or the matter will be forwarded to Enforcement staff. Photo 3 — View from Strange St (encroachment of landscaping and sidewalk to the left of the building). 2) In addition, it is noted that a previous owner has installed landscaping and a sidewalk that is adjacent to the dwelling along the Elm Street lot line (see Photos 2 and 3). The current owner has been advised that an encroachment agreement is required for the materials. As this area of encroachment is not part of the rear yard, nor does it impact the proposed detached garage, staff are not requesting this to be a condition. Instead, staff will ask that the Enforcement division follow up on the matter. Based on the foregoing, Planning staff recommends that this application be approved, as amended, 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 building permit for the detached garage is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: The proposed garage should be constructed so that each parking space has a minimum dimension of 3.04 metres in width and 5.49 metres in length in order to accommodate for door swing and circulation within the garage structure. That being said, Transportation Services has no other concerns with the proposed application. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: There are no natural heritage features or functions of local, Regional, Provincial or national significance on, or adjacent to, the subject properties. No portion of the property is regulated by the GRCA. However, trees subject to the City's Tree Management Policy (rev. 2001) exist along the boundary of the property in its northwest corner. If the contemplated development will impact trees—particularly in shared ownership—a scoped Tree Management Plan should be completed at the appropriate milestone. Planning staff to confirm this requirement. Heritage Planning: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the property municipally addressed as 193 Strange Street is located within the Warehouse District Cultural Heritage Landscape. 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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION: That application A 2020-064, as amended, to permit construction of a detached garage in the rear yard of an existing single detached dwelling having a side yard abutting Elm Street of 4.5 metres rather than the required 6 metres; and to permit a driveway width of 8.63 metres rather than the maximum permitted 8 metres, be approved, subject to the following conditions: 1) That a scoped Tree Management Plan be submitted, if determined to be required by the Environmental Planner, Planning Division; 2) That a building permit be obtained from the Building department (and the permit to ensure that the minimum 3.04 metres by 5.5 metres parking space size is met inside the garage); 3) That a scaled plan of the property be submitted detailing the material that will be used in the rear yard for the driveway and for the remaining area, which will have the non- complying gravel replaced with landscaping (grass), and any other method to prevent parking (such as a fence). The plan is to be to the approval of Planning staff. It is noted that only one driveway is permitted along Elm Street; and, 4) That conditions 1 through 3 noted above be completed by July 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff RepoifK�i-'(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 1 DATE OF REPORT: September 4, 2020 REPORT NUMBER: DSD -20-129 SUBJECT: Application A2020-065 192 Woolwich Street Owners/Applicants — Daniela and Emilian loan Burca Approve Subject Property: 192 Woolwich Staff Report KN NEx Development Services Department wwwkitchener.ca Report: The subject property is designated as Low Rise Residential and Natural Heritage Conservation in the City's Official Plan and zoned as Agricultural Zone (A-1) in Zoning By-law 85-1. Through Stage 2B of the Zoning By-law 2019-051 (CRoZBy project), the zoning of the subject property will be changed to a residential (RES) zone that reflects the current use. Section 5.5 of the Zoning By-law regulates accessory buildings for properties with a Residential, Institutional, Commercial -Residential, Mixed Use Corridor, Industrial -Residential (M-1) and Existing Use (E-1) Zone only. As such, no specific regulations exist for accessory buildings in the Agricultural Zone. Minor Variance Application A2020-056 requests relief from Section 34.3.2 to permit a 3.0 metre setback for an accessory building, whereas the setback in the Agricultural Zone is 7.5 metres. A site inspection was conducted on September 4, 2020 Existing Side Yard — 192 Woolwich Street Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. Staff Report Development Services Department 1. General Intent of the Official Plan wwwkitchener. c a The intent of the Low Rise Residential land use designation is permit low density residential uses. The property was recently developed with a single detached dwelling. An accessory building is now proposed. Accessory buildings for a residential use are permitted for properties designated as Low Rise Residential. The proposed accessory building is not located on the portion of the property that is designated as Natural Heritage Conservation and is located within the building envelope established through the approval of the single detached dwelling. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The intent of the 7.5 metre setback in the A-1 zone is to ensure that there is an adequate setback for farm use buildings. As noted above, buildings accessory to a residential use are not contemplated in the A-1 Zone. The proposed detached accessory structure is appropriate given the location and use of the property. The proposed detached accessory building has an adequate setback, being 3.0 metres. 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 minor variance exceeds the minimum requirement in Section 5.5 of the Zoning By- law for accessory building in residential zones. For residentially zoned properties, the minimum setback is only 0.6 metres. The proposed 3.0 metre setback will ensure the building can be built and maintained from the subject property. Therefore, Planning Staff is of the opinion that the requested minor variance is minor. 4. Is the Variance Appropriate? The proposed detached building is accessory to the principle single detached dwelling. The 3.0 metre setback is sufficient. Planning Staff is of the opinion that the variance is appropriate. Building Comments: The Building Division has no objections to the proposed minor variance. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering staff have reviewed the application and have no concerns. Environmental Planning Comments: Great care has been made to retain as many trees as possible through the development of this property. The proposed accessory building should be located as per Dwg Al by 360 Smart Design as submitted with the C of A application to minimize construction impacts on existing trees. Staff Report vx Development Services Department wwwkitchener.ca Region of Waterloo: Regional staff has reviewed the application and has no concerns. RECOMMENDATION: That Minor Variance Application A2020-065 requesting relief from Section 34.3.2 to permit a 3.0 metre setback for an accessory building, in the location generally shown on drawing Al Site Plan, prepared by 3600 Smart Design, dated June 2020, whereas 7.5 metres is required, be approved. Garett Stevenson, B.E.S., MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repod Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 2 DATE OF REPORT: September 3, 2020 REPORT #: DSD -20-130 SUBJECT: A2020-066 — 110 Fergus Avenue Owner — VanLegend Fergus GP Corp. & VanLegend Fergus LP Applicant — Jennifer Voss (JV Planning & Development Consulting) Approve :. Subject Property I liz r —del Location Map: 110 Fergus Ave '115%12'11 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. I REPORT Planning Comments: The subject property located at 110 Fergus Avenue is zoned Community Institutional Zone (1-2) with Special Use Provision 103U in Zoning By-law 85-1 and designated Institutional in the City's Official Plan. The subject property contains a 165 -unit Multiple Dwelling currently under construction. The applicants have received draft plan approval for a Plan of Condominium and are preparing to register the first phase, which will include 18 street townhouse -style units, shown below: site pian snowing the Dounaary or the rirst conaominium registration on the cert siae or the pian (18 units) as well as the location of the above -ground barrier -free spaces In order to register the first phase of the condominium, one of the conditions of draft plan approval is to meet the Zoning By-law parking requirements for all units within the boundary of each phase. In this case, the first registration contains 18 units which requires 23 parking spaces, including 4 visitor spaces and 1 barrier -free space. Within the boundary of the first phase, there are 23 parking spaces, including 4 visitor spaces, however there are no barrier -free spaces provided. The site plan above highlights the location of the above -ground barrier -free parking spaces, and it was not practical to include these within the boundary of the first registration. As such, the applicant is requesting relief from Section 6.7.1 of the Zoning By-law to allow the first phase of the condominium registration (18 units) to have 0 barrier -free parking spaces rather than the 1 required space. When the development is complete, the site will meet all parking requirements in the Zoning By- law, including the barrier -free space requirements. City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test The subject property is designated Institutional in the Official Plan. It is worth noting that the development on the subject property was facilitated by the institutional policies of the City's 1994 Official Plan which permitted the Multiple Dwelling use. Since the development received its approvals in 2018-2019, appeals to the 2014 Official Plan were resolved and the plan has fully come into effect. The new zoning by-law which will implement the 2014 Official Plan is expected to bring forward new zoning on the subject property in the coming years to implement the Institutional land use designation. In time, it appears that the Multiple Dwelling use on the property will become legal non- conforming. As the Official Plan has policies recognizing legal non -conforming uses (notably 17.E.21), staff is satisfied that with this variance, the general intent and purpose of the Official Plan is maintained. The variance is primarily a procedural one to facilitate the first phase of a condominium registration and will result in no physical changes to the site once it is fully constructed. 2. General Intent and Purpose of Zoning By-law Test The requested variance to allow 18 units of the first phase of a condominium development to proceed without providing the 1 required barrier -free space meets the general intent and purpose of the Zoning By-law. The purpose of the barrier -free space requirement is to provide larger parking spaces for persons who may need additional physical accommodations to enter and exit a vehicle. Each of the 18 units included in the first phase of the condominium registration are `street townhouse -style' units, and each have their own private driveway and garage. Staff is satisfied that the general intent and purpose of the Zoning By-law is maintained and is of the opinion that the private driveways could feasibly serve a similar purpose as a `true' barrier -free space. 3. "Minor" Test The variance can be considered minor as the private driveways for the first 18 units could serve a similar purpose as the 1 barrier -free space that is not being provided for the first 18 units. Furthermore, once the site is fully built -out, the development will fully comply with all parking requirements, including barrier -free spaces. Staff is satisfied that the requested variance is minor. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed reduction in the 1 barrier -free parking space for the first 18 units is temporary and only required to facilitate the first phase of a condominium registration. As the site is constructed, the property as a whole will provide the required amount of barrier -free parking spaces. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Given that the first stage of the development consists of 18 townhouse units that each have their own driveway for private use, Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is adjacent to an individually designated property under Part IV of the Ontario Heritage Act (119 Arlington Boulevard — Woodland Cemetery) and adjacent to the Woodland Cemetery Cultural Heritage Landscape. Heritage Planning staff has reviewed the Minor Variance application and is of the opinion that there are no impacts to the heritage attributes of the adjacent designated property. As such, Heritage Planning staff has no concerns. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-066 requesting relief from Section 6.7.1 of the Zoning By-law to allow the first phase of the condominium registration (18 units) to have 0 barrier -free parking spaces rather than the 1 required space, BE APPROVED. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report 1 Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 9 DATE OF REPORT: September 4, 2020 REPORT NUMBER: DSD -20-131 SUBJECT: Application A2020-067 297 Ottawa Street South Owners/Applicants —Andrew Steinbach & Jeremy Krygsman Approve ' 1 275 i "q F 709 l�T 15 Ve 321 ' 327 4S54f0 4 451 Subject Property: 297 Ottawa Street South Staff Report KN NEx Development Services Department wwwkitchener.ca Report: The subject property is designated as Low Rise Conservation Residential in the Mill Courtland Woodside Park Neighbourhood Secondary Plan (City's Official Plan) and zoned as Residential Five (R-5) in Zoning By-law 85-1. Neighbourhood Planning Reviews The City is undertaking a detailed review of the land use and planning framework for many specific Kitchener neighbourhoods, including the subject property, known as the Neighbourhood Planning Reviews project. This process involves creating new policies and mapping that will be added to our Official Plan, updating zoning, considering new urban design guidelines and implementing our cultural heritage landscapes. Through this, the City will be implementing the Planning Around Rapid Transit Stations (PARTS) Study, Kitchener's Cultural Heritage Landscape Study (CHLS), and the Residential Intensification in Established Neighbourhoods Study (RIENS). The property is proposed to be designated as Low Rise Residential Limited in the new Rockway Secondary Plan. The Rockway Secondary Plan was presented to Kitchener City Council in December 2019 however, no final decision has been made and therefore the plan has no legal status. Along with the new land use designation, new zoning was also recommended, being RES - 3(159). As these changes have not yet been approved, the Official Plan designation and R-5 zoning prevails. Minor Variance Application A2020-067 requests variances to legalize the existing building and driveway in order to convert the existing single detached dwelling into a triplex (multiple dwelling with 3 dwelling unit). Specially, the application is seeking relief; • From Section 39.2.4 to legalize the existing side yard abutting a street (setback of the existing garage from Acacia Street) of 0.3 metres, whereas 4.5 metres is required, • From Section 39.2.4 to legalize the existing garage setback of 0.3 metres, whereas a building used to accommodate off-street parking (existing garage) shall not be located closer than 6.Om to a street line, • From Section 6.1.1.1.d)i) to permit parking for a multiple dwelling to be located between the facade and the front lot line and between the facade and the side lot line abutting a street, including within 3.Om of the street line, for the existing driveway, and • From section 5.3 to legalize the existing driveway within the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT), whereas the CVT and DVT are to be free of obstructions including vehicles. A Site Plan application will be required to convert the existing building to a triplex (multiple dwelling). A site inspection was conducted on September 1, 2020. Staff Report Development Services Department KN- Nx wwwkitchener. c a Front View — Existing Building at 297 Ottawa Street South Side View — Existing Building at 297 Ottawa Street South Planning Comments: In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. Staff Report Development Services Department 1. General Intent of the Official Plan wwwkitchener. c a The intent of the Low Rise Conservation designation is to retain the existing low rise, low density, primarily detached housing stock, while simultaneously allowing a slight density increase by permitting conversion or redevelopment to a maximum of three dwelling units. Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings, multiple dwellings to a maximum of three dwelling units, small lodging houses, small residential care facilities, home businesses and private home day care. The proposed variances are required to legalize the existing building and driveway so that an addition can be added for the conversion to a three -unit multiple dwelling. Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The intent of the parking and garage setbacks are to ensure that the garage and parking are not the dominate features of a building. The setback of 6.0 metre is to provide an additional parking space in a driveway. In this case, the garage is existing and is located close to Acacia Street. The single car garage is setback behind the front fagade of the building facing Ottawa Street and is not the dominate feature of the building's front elevation. The existing driveway can accommodate a second parking space. For the Acacia street frontage, the garage is very close to the street and the new addition is proposed to be setback to comply with zoning regulations. The existing garage door faces Ottawa Street and there is an existing window facing Acacia Street. While the new addition will be setback behind the front facade of the garage along Acacia Street, it will feature openings (windows and doors) and an upper deck which will add visual interest to that fagade. The parking will be to the rear of the proposed addition, and not between the addition and Acacia Street. The intent of the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT) regulations is to ensure that there are clear sight lines for vehicles when they travel from Acacia Street to Ottawa Street. The newly built ION had a dedicated right of way along Ottawa Street adjacent to the subject property and the train travels in only the northeast direction in the location (single loaded track). The ION right of way is on the south side of the motor vehicle lanes, offsetting those lanes further away from the subject property, improving visibility to the right (northeast) of the intersection adjacent to the CVT and DVT. The garage and driveway are existing, and the new additional parking is proposed to the rear of the addition. As such, no additional parking should occur in the driveway, maintaining the current arrangement. Planning Staff is of the opinion that the requested minor variances meet the general intent of the Zoning By-law. 3. Are the Variances Minor? The variances will legalize the existing building and allow for a rear yard addition, creating two additional dwelling units, for a total of three units. The proposed addition would permit a slight increase in density within close proximity to an ION station stop while preserving the existing built form. The new addition complies with zoning regulations, and the variances are needed for the existing building which is proposed to be retained. Therefore, Planning Staff is of the opinion that the requested minor variance is minor. Staff Report vx Development Services Department wwwkitchener.ca 4. Are the Variances Appropriate? Planning Staff is of the opinion that the variances are appropriate. The design of the new addition complies with zoning regulations and the variances are only required to legalize the existing building. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: As this is an existing condition, Transportation Services does not have any concerns with the proposed application. There is adequate sightlines for vehicles looking north down Ottawa Street South from Acacia Street before they encroach into the LRT right-of-way. Heritage Comments: Heritage Planning staff has no concern with this application. Engineering Comments: Engineering staff have reviewed the application and have no concerns. Environmental Planning Comments: Environmental Planning staff have reviewed the application and have no concerns. Region of Waterloo: Regional staff have reviewed the application and have no concerns. RECOMMENDATION: That Minor Variance Application A2020-067 requesting relief from Section 39.2.4 to legalize the existing side yard abutting a street (setback existing garage from Acacia Street) of 0.3 metres, whereas 4.5 metres is required, and from Section 39.2.4 to legalize the existing garage setback of 0.3 metres, whereas a building used to accommodate off-street parking (existing garage) shall not be located closer than 6.0 metres to the street line, and from Section 6.1.1.1.d)i) to permit parking for a multiple dwelling to be located between the facade and the front lot line and between the facade and the side lot line abutting a street, including within 3.0 metres of the street line, for the existing driveway, and from Section 5.3 to legalize the existing driveway within the Corner Visibility Triangle (CVT) and Driveway Visibility Triangles (DVT), whereas the CVT and DVT are to be free of obstructions including vehicles, be approved. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report AaR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 10 DATE OF REPORT: September 4, 2020 REPORT #: DSD -20-132 SUBJECT: A2020-068 — 175 Queen Street North Applicant — Matt Johnston Approval of Variances 1 & 2 Refusal of Variance 3 Location Map: 175 Queen Street North ,#0 WA *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Background: The subject property contains a 17 storey, 162 unit multiple dwelling residential building. The site received Draft Approval of Condominium Conversion in 2011, however, it has not been registered yet. The applicants are now proposing to add 3 residential units to the ground floor. The addition of 3 units requires an update to the Site Plan and a modification to the Draft Plan of Condominium, which have been submitted and are under review. Planning Comments: The subject property located at 175 Queen Street North is zoned Residential Nine Zone (R-9) in the Zoning By-law. The property is designated High Density Multiple Residential in the Civic Centre Secondary Plan in the Official Plan. Staff conducted a site inspection of the property on September 4, 2020. The applicant is requesting the following parking reductions from the Zoning By-law: 1. Requesting 1.12 parking spaces per unit (184 Spaces for 165 Units) rather than the required 1.25 parking spaces per unit (206) parking spaces. 2. Requesting 4% (8) visitor parking space rather than the required 20% (41) visitor parking spaces. 3. Requesting 2 barrier free parking spaces rather than the required 7 barrier free parking spaces. View of Subject Property (September 4, 2020) 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. Variances 1 & 2 — Required and Visitor Parking General Intent of the Official Plan 1. The requested variances meet the general intent of the Official Plan. The High Density Multiple Residential designation in the Civic Centre Secondary Plan recognizes the existing multiple dwelling buildings and the addition of 3 units and reduction of required and visitor parking does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires 1.25 parking spaces per unit and 20% visitor parking is to ensure that there is sufficient space for vehicle storage on site. The subject property is located within walking distance to the downtown core, is close to amenities, and well serviced by public transit. The need for vehicle storage is reduced in walkable neighbourhoods and staff is of the opinion that the existing 184 parking spaces are sufficient for vehicle storage on this site. This will still provide more than 1 space per unit, so every unit will have at least 1 parking space. Therefore, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. The proposed additional units will not require any additional floor space and will be on the ground floor of the existing building. All existing units will continue to be provided with 1 parking space and no other impacts are expected. Therefore, the variances are considered appropriate. Is the Variance Minor? 4. The request for reduction in parking represents the existing parking area on-site and the addition of 3 units is not expected to create a significant increase in demand for parking on site. No impacts to the existing tenants or surrounding neighbourhood are expected and the variances are therefore considered minor. Variance 3- Barrier Free Parking General Intent of the Official Plan 1. The requested variance for reduction in barrier free parking does not meet the general intent of the Official Plan. The Official Plan encourages existing sites that are redeveloped to be planned to be barrier -free and universal accessibility by all citizens. The City will enforce accessibility related legislation and regulations. The regulations for providing barrier free parking spaces are informed by the Accessibility for Ontarians with Disabilities Act, 2005. Therefore, the requested variance for reduction in barrier free parking spaces does not meet the general intent of the Official Plan. General Intent of the Zoning By-law 2. The regulation that requires 7 barrier free parking spaces comes from Section 80 of the Accessibility for Ontarians with Disabilities Act, 2005. These parking calculations were transferred directly into the City's Zoning By-law. The province has deemed these to be acceptable amounts of barrier free parking, depending on the amount of parking spaces in total for a given site. In the opinion of Staff, barrier free parking spaces are regarded differently than standard or visitor parking spaces, and do not support any reductions in barrier free parking spaces. The required 7 barrier free parking spaces is considered to be an appropriate amount for a building with 165 units and the existing spaces on site can be retrofitted to be converted to barrier free spaces with no undue hardship for the applicants. Therefore, the requested variance does not meet the general intent of the Zoning By-law and should not be supported. Is the Variance Appropriate? 3. The reduction of barrier free parking spaces is not considered appropriate. The people that rely on these parking spaces often do not have the option to use alternative means, such as street parking or active transportation as a method to get around. 2 barrier free parking spaces for a building with 165 units is not considered appropriate. Is the Variance Minor? 4. The reduction of barrier free parking spaces from 7 to 2 spaces is not considered minor. The impact of providing insufficient barrier free parking spaces is considerable, as it has the potential to pose major challenges to persons with a disability. Therefore, the variance is not considered minor. For these reasons noted above this variance to reduce the number of barrier free spaces should not be supported. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition residential units are obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given that the existing site has operated as is since its inception and there are no additional units being added to the condominium conversion, Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: The subject property is designated under Part V of the Ontario Heritage Act and forms part of the Civic Centre Neighbourhood Heritage Conservation District. A Draft Plan of Condominium was submitted in the spring to facilitate three additional residential units to the ground floor. Given that the Minor Variance request is associated with parking requirements on the subject lands and that there are no exterior alterations proposed to the building, Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That minor variance application A2020-068 requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 1.12 off- street parking space/per unit (184 off-street parking spaces) for a multi -residential dwelling totaling over 61 units rather than the required 1.25 off-street parking spaces/per-unit (206 off- street parking spaces); having 8 off-street visitor parking spaces rather than the required 41 off- street visitor parking spaces (20% required) AS AMENDED be approved. That minor variance application A2020-068 requesting permission to construct 3 additional residential units on the ground floor of an existing multi -residential dwelling having 2 barrier -free parking spaces rather than 7 barrier -free parking spaces AS AMENDED be refused. Eric Schneider, MCIP, RPP Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 1 K�_R www.ki tch en er. c a Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Brian Bateman, Senior Planner -519-741-2200 ext. 7869 4 August 31, 2020 DSD -20-133 A2020-069— 20 Hollybrook Trail Owner — Kenmore Homes Applicant — MHBC Approve -dLf 2 _w .y LL ..---y-,,.Subject Property .,2 ;i Subject Property: 20 Hollybrook Trail REPORT Planning Comments: The subject property located at 20 Hollybrook Trail in the Doon South neighbourhood. It is a corner lot property, is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1 b) which requires that on a corner lot an access to a driveway shall not be located closer than 9.0 metres to the intersection of the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. �2'. .� 1 -dLf 2 _w .y LL ..---y-,,.Subject Property .,2 ;i Subject Property: 20 Hollybrook Trail REPORT Planning Comments: The subject property located at 20 Hollybrook Trail in the Doon South neighbourhood. It is a corner lot property, is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1 b) which requires that on a corner lot an access to a driveway shall not be located closer than 9.0 metres to the intersection of the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. street lines abutting the lot whereas 7.0 metres to the intersection of the street lines abutting the lot is proposed. This request reflects the revised regulation as proposed through Stage 2a of the Comprehensive Review of the Zoning By-law (CRoZBy). CRoZBY Stage 2a has been approved by Council, but is not in full force and effect due to appeals. F' T -' . AV Blow °.rte Staff conducted a site visit on August 18, 2020. The area is under construction. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. Meets the General Intent of the Official Plan Test The intent of the Low Rise Residential land use designation in the Official Plan is to accommodate a full range of low density housing types. The requested variance meets the general intent of the Official Plan, as the proposed variance is providing low density housing and is not impacting the overall low-density residential character of the area. 2. Meets General Intent and Purpose of Zoning By-law Test The application is to reduce the setback to the intersection to 7.0 metres from 9.0 metres. The intent of the 9.0 metres setback in the Zoning By-law 85-1 is to ensure there are no obstructions in the corner visibility triangle (CVT), thus allowing vehicles entering and exiting the intersection to do so safely. Though By -Law 85-1 is in effect, the pending approval of Comprehensive Review of the Zoning By-law (CroZBy) 2019-051 will change that setback requirement to 7.0 metres, which will likely remove the need for this variance in future developments. The parking space, as well as the driveway, are located outside of the new proposed CVT dimensions. It is not anticipated that the proposed driveway will create an obstruction to visibility and not expected to result in any negative impacts on the adjacent residential properties. Therefore, the general intent of the Zoning Bylaw continues to be maintained. 3. Is the Variance "Minor" Test Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the intersections of Hollybrook Trail will be negligible due to anticipated lower volumes and speeds of traffic in the area. 4. Is the Variance Appropriate Test The direction under the City's new Comprehensive zoning By-law is for driveways to be located within 7.0 metres of an intersection and this request would fall within that requirement. Therefore, the variance is appropriate for the development and use of the land. NOTES TOF TO USE =2 55 r t IR -4 - SEE .. HARPING EMAIL OF ULT t�, N1P (CIVIC ADpRESS IS 2: HDILTRR:1GI[ TRAL ACCORDING TO REGI"N nF w TERLnn {MODEL mt;l,iE[I NIEa,11 EI ue iWroIEWA1 RIIIER5. GIS L90ATOR.] s] - �LiD.EKT T(:ANY FINAL SALES .(:HEFMENT HQLLYBROCK TRAIL �M m C{' 1xe rar�vr orr [s¢ Kw Nr Q109MJ N15'28'40"F 25-304 Lr) A41 W�/A ! uT C rn ` Ja MODEL 38-5 (EXTENDED) r � W PR9POSp� �STflREY z p; SII i xµ N15'26'55`E r INAI TRAT1pN GALLERY `{1p,7 m3 SET AT 5.0 MINIMUM FROµ REAR OF HOUSE � g 8.1m K 1-2m X 1,Im a \ 1\5 �O a caRcx f i E i M -°tea � ; I Y 31.650 zss m J J a_ PART 2, PLAN 5813-19858 I Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Due to the low traffic nature of the roadway, as well as the fact that both "corner" lot lines abut the same local roadway, Transportation Services does not have any concerns with the proposed application. Engineering Comments: No concerns RECOMMENDATION Based on the foregoing, Planning staff recommends that this application A2020-069 requesting relief from Zoning By -Law 85-1 Section 6.1.1.1. b.) iv) to allow a driveway to be located 7.0 metres from an intersection rather than the required 9.0 metres be approved. -4, ,. - - _�,: 4, �1, �__ - - - Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: REPORT Planning Comments: 1 K�_R www.ki tch en er. c a Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Brian Bateman, Senior Planner -519-741-2200 ext. 7869 4 August 31, 2020 DSD -20-134 A2020-070— 43 Hollybrook Trail Owner — Kenore Homes Applicant — MHBC Approve Subject Property: 43 Hollybrook Trail d' } ."r c ^ ec: Dr_oer:•Y 72. The subject property located at 43 Hollybrook Trail, at the intersection of Hollybrook and Forest Creek Drive, is zoned Residential Three (R-3) with site specific regulation 463R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the Zoning By-law to locate a driveway 7.0 metres from the intersection of street lines *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. abutting the lot rather than the required setback of 9 metres. The CRozBY regulation is 7.0 metres but is not in full force and effect. Staff conducted a site visit on August 18, 2020. The area was under construction. METRICHf O 1i PART 13, PLAN 5SR-19872 7 TDF PJ USE =2.55 m nE>.nc cax ae Pconathho L t�I� x'aH (3ry�o) N72'1 9'05"W ' 5.962 piaes) (CIVIC A➢DRE55 IS 42 QO OF AT RL.:IL �_ ACCOR�]ING TJ REf,ION :1F 4c<TEaLnn IN F11TR ATION CALLER rrr„ir,rrrr,-r�,�p 015 LOCATOR.) 110_ m3 SET �--Y -0 6 5.0 MINIMUM FROM REAR OF USE�� / m suowssiHanc 8.1m X 1.2 1.1m f / fJ/ rsc®rc ao h l F Hu wr7 'J 1 w d PART 10, PLAN 58R-19$77 rt a /! I u.rmc,•'E¢as.PuiH1 H1 fi� (4J C-5.39 PART 1. aLANP58R-19877 'i N17'4 110%F IB -5 E%IENNEC I I NOTES w— SEE J. WON,, Eu.: } I of u Ei o -S-. ExTEiEl Li screw HT errxr. un y 1 d — SUBJECT TO ANYFIN z - Iti nv.r.rsl FR:FOSEP.ry �' � to W LC•N HEl iI ( a f:ET'ININ6 R 6.000 C)wnLL )ur A 8,968 j f t N lir .� ITa orsrex..vl I+ 36, N71' 8'50"NI U_Ih 16 I sacxvsx xxowa� �r INTERSECTION L1VES INTERSEC7ION I OOO LL HOLLYBROOK TRAIL In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. 1. Meets the General Intent of the Official Plan Test The intent of the Low Rise Residential land use designation in the Official Plan is to accommodate a full range of low density housing types. The requested variance meets the general intent of the Official Plan, as the proposed variance is providing low density housing and is not impacting the overall low- density residential character of the area. 2. Meets General Intent and Purpose of Zoning By-law Test The application is to reduce the setback to the intersection to 7.94 metres from 9.0 metres. The intent of the 9.0 metre setback in the Zoning By-law 85-1 is to ensure there are no obstructions in the corner visibility triangle (CVT), thus allowing vehicles entering and exiting the intersection to do so safely. Though By -Law 85-1 is in effect, the pending draft Comprehensive Review of the Zoning By-law (CroZBy) 2019-051 will change that setback requirement to 7.0 metres, which will likely remove the need for this variance in future developments. The parking space, as well as the driveway, are located outside of the new proposed CVT dimensions. It is not anticipated that the proposed driveway will create an obstruction to visibility and not expected to result in any negative impacts on the adjacent residential properties. Therefore, the general intent of the Zoning Bylaw continues to be maintained. 3. Is the Variance "Minor" Test Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the intersection of Rivertrail Avenue and Valleybrook Drive will be negligible due to the lower volumes of traffic in the area, as it is a shorter road and is not on a main route. 4. Is the Variance Appropriate Test The direction under the City's new Comprehensive zoning By-law is for driveways to be located within 7.0 metres of an intersection and this request would fall within that requirement. Therefore, the variance is appropriate for the development and use of the land. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Due to the low traffic nature of the roadway and the fact that the driveway location will not impact the Corner Visibility Triangle (CVT) under the new Zoning By-law 2019- 051, Transportation Services does not have any concerns with the proposed application. Engineering Comments: No concerns RECOMMENDATION Based on the foregoing, Planning staff recommends that this application A2020-070 requesting relief from Zoning By -Law 85-1 Section 6.1.1.1. b.) iv) to allow a driveway to be located 7.0 metres from an intersection rather than the required 9.0 metres be approved. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: } I R www.kitch ever. ca Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 4 September 2, 2020 DSD -20-135 A2020-071 — 158 Pondcliffe Drive Owner — Kenmore Homes (Waterloo Region) Inc. Applicant — Andrea Sinclair (MHBC Planning) Approve Location Map: 158 Pondcliffe Drive REPORT Planning Comments: The subject property located at 158 Pondcliffe Drive is zoned Residential Three (R-3) with Special Regulation Provision 463R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is constructing a new dwelling on the subject property and is requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 7 metres from the intersection of the street lines abutting the lot rather than the required 9 metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test 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 is appropriate, as the reduction in the driveway setback to the intersection will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2. General Intent and Purpose of Zoning By-law Test The requested variance to construct a single detached dwelling on a corner lot with a driveway that is setback 7 metres from the intersection of the street lines abutting the lot rather than the required 9 metres meets the general intent and purpose of the Zoning By-law. The purpose of this regulation is to provide adequate separation between the corner of a lot and the driveway to maintain visibility for safety reasons, which would result in an aesthetically pleasing streetscape by opening up opportunities for landscaping (etc.). Staff is satisfied that the 2 metres reduction in the setback will continue to maintain the intent of the By-law as there remains sufficient visibility as well as space on the property to landscape (etc.). Staff notes that Transportation staff is supportive of the request. 3. "Minor" Test The variance can be considered minor as the reduced driveway setback to the intersection of the street lines abutting the lot will not impact how the property can be used, or how the neighbourhood functions. The 2 metre reduction (6 feet) is relatively small and there remains a 7 metre setback to the intersection. 4. Desirability for Appropriate Development or Use Test The requested variance is appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low-density development of the neighbourhood, and the requested driveway with a reduced setback to the intersection to the street lines abutting the lot will not impact the neighbourhood in a significant way. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Due to the low traffic nature of the roadway and the fact that the driveway location will not impact the Corner Visibility Triangle (CVT) under the new Zoning By-law 2019-051, Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-071 requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 7 metres from the intersection of the street lines abutting the lot rather than the required 9 metres, BE APPROVED. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department } I R www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 4 DATE OF REPORT: September 2, 2020 REPORT #: DSD -20-136 SUBJECT: A2020-072 — 900 Pondcliffe Court Owner — Kenmore Homes (Waterloo Region) Inc. Applicant — Andrea Sinclair (MHBC Planning) Approve Location Map: 900 Pondcliffe Court *** 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 900 Pondcliffe Court is zoned Residential Three (R-3) with Special Regulation Provision 463R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is constructing a new dwelling on the subject property and is requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 6.4 metres from the intersection of the street lines abutting the lot rather than the required 9 metres, and relief from Section 37.2.1 to allow a covered, unenclosed porch above 0.6 metres in height to be located 4 metres from the side yard abutting a street, rather than the required 4.5 metres. City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test 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 variances are appropriate, as the reduction in the driveway setback to the intersection and reduced porch setback will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2. General Intent and Purpose of Zoning By-law Test The requested variance to construct a single detached dwelling on a corner lot with a driveway that is setback 6.4 metres from the intersection of the street lines abutting the lot rather than the required 9 metres meets the general intent and purpose of the Zoning By-law. The purpose of this regulation is to provide adequate separation between the corner of a lot and the driveway to maintain visibility for safety reasons, which would result in an aesthetically pleasing streetscape by opening up opportunities for landscaping (etc.). Staff is satisfied that the 2.6 metre reduction in the setback will continue to maintain the intent of the By-law as there remains sufficient visibility and space on the property to landscape (etc.). Staff notes that Transportation staff is supportive of the request. The requested variance to allow a covered porch above 0.6 metres in grade to be 4 metres from a side lot line abutting a street rather than the required 4.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the setback is to provide a consistent streetscape, and the 0.5 metre reduction will not impact the streetscape in a significant way. 3. "Minor" Test The variances can be considered minor as the reduced driveway setback to the intersection of the street lines abutting the lot and reduced front porch setback will not impact how the property can be used, or how the neighbourhood functions. For the driveway, the 2.6 metres reduction (8 feet) is relatively small and there remains a 6.4 metres setback to the intersection. This reduction is partly due to the slightly irregular shape to the lot which is narrower at the front. Similarly, for the front porch, the 0.6 metres reduction (2 feet) is small and there remains a 4 metres setback to the lot line abutting a street. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low-density development of the neighbourhood, and the requested driveway with a reduced setback to the intersection to the street lines abutting the lot and front porch with a reduced setback to the side lot line abutting a street will not impact the neighbourhood in a significant way. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Due to the low traffic nature of the roadway and the fact that the driveway location will not impact the Corner Visibility Triangle (CVT) under the new Zoning By-law 2019-051, Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-072 requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 6.4 metres from the intersection of the street lines abutting the lot rather than the required 9 metres, and relief from Section 37.2.1 to allow a covered, unenclosed porch above 0.6 metres in height to be located 4 metres from the side yard abutting a street, rather than the required 4.5 metres, BE APPROVED. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department } I R www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 4 DATE OF REPORT: September 2, 2020 REPORT #: DSD -20-137 SUBJECT: A2020-073 — 916 Pondcliffe Court Owner — Kenmore Homes (Waterloo Region) Inc. Applicant — Andrea Sinclair (MHBC Planning) Approve Location Map: 916 Pondcliffe Court *** 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 916 Pondcliffe Court is zoned Residential Three (R-3) with Special Regulation Provision 463R in Zoning By-law 85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is constructing a new dwelling on the subject property and is requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 7 metres from the intersection of the street lines abutting the lot rather than the required 9 metres, relief from Section 37.2.1 to allow a covered, unenclosed porch above 0.6 metres in height to be located 4 metres from the side yard abutting a street rather than the required 4.5 metres, and relief from Section 37.2.1 to have a rear yard of 7 metres rather than the required 7.5 metres,. City Planning staff conducted a site inspection of the property on September 2, 2020. 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 and Purpose of Official Plan Test 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 variances are appropriate, as the reduction in the driveway setback to the intersection, reduced front porch setback, and reduced rear yard setback will maintain the general intent and purpose of the Official Plan and is consistent with the low-density character of the neighbourhood. 2. General Intent and Purpose of Zoning By-law Test The requested variance to construct a single detached dwelling on a corner lot with a driveway that is setback 6.4 metres from the intersection of the street lines abutting the lot rather than the required 9 metres meets the general intent and purpose of the Zoning By-law. The purpose of this regulation is to provide adequate separation between the corner of a lot and the driveway to maintain visibility for safety reasons, which would result in an aesthetically pleasing streetscape by opening up opportunities for landscaping (etc.). Staff is satisfied that the 2.6 metre reduction in the setback will continue to maintain the intent of the By-law as there remains sufficient visibility and space on the property to landscape (etc.) and is partly due to its slightly irregular shape. Staff notes that Transportation staff is supportive of the request. The requested variance to allow a covered porch above 0.6 metres in grade to be 4 metres from a side lot line abutting a street rather than the required 4.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the setback is to provide a consistent streetscape, and the 0.5 metre reduction will not impact the streetscape in a significant way. The requested variance to allow a reduced rear yard of 7 metres rather than 7.5 metres meets the general intent and purpose of the Zoning By-law. The purpose of the rear yard setback is to provide enough outdoor amenity space for a property. Staff is satisfied that with the 7 metres rear yard setback, there will be enough amenity space for the property owner to enjoy. 3. "Minor" Test The variances can be considered minor as the reduced driveway setback to the intersection of the street lines abutting the lot, the reduced front porch setback, and the reduced rear yard setback will not impact how the property can be used, or how the neighbourhood functions. All reductions are relatively small and staff has no concerns with the requests. 4. Desirability for Appropriate Development or Use Test The requested variances are appropriate for the development and use of the land, as the proposed single detached dwelling is consistent with the low-density development of the neighbourhood, and the requested driveway with a reduced setback to the intersection to the street lines abutting the lot, front porch with a reduced setback to the side lot line abutting a street, and reduced rear yard setback will not impact the neighbourhood in a significant way. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Due to the low traffic nature of the roadway, as well as the fact that both "corner" lot lines abut the same local roadway, Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage has no concerns with the proposed variance. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-073 requesting relief from Section 6.1.1.1 b) iv) to allow an access driveway to be 7 metres from the intersection of the street lines abutting the lot rather than the required 9 metres, relief from Section 37.2.1 to allow a covered, unenclosed porch above 0.6 metres in height to be located 4 metres from the side yard abutting a street, rather than the required 4.5 metres, and relief from Section 37.2.1 to have a rear yard of 7 metres rather than the required 7.5 metres, BE APPROVED. - W, bj*L� Richard Kelly-Ruetz, BES Planner 1LA�� Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report Development Services Department 1 :.x www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext.7987 WARD: #3 DATE OF REPORT: September 9, 2020 REPORT #: DSD -20-138 SUBJECT: B2020-026 — 225 Fairway Road South Owner — CF/Realty Holdings Inc. DEFER PHOTO: 225 Fairway Road South (photo taken June 10 , 2020) Planning Comments: The owner of the subject lands is requesting consent for a lease in excess of 21 years for a Chick- fil-A restaurant, which has received Site Plan Approval. The applicant has requested that the lease apply to the entire area shown on the Site Plan as being associated with the development. As shown on the image below this includes but is not limited to buildings, drive-thru, parking areas, sidewalks and patio. *** This information is available in accessible formats upon request. *** Please call 519-741-23aF or TTY 1-856-969-9994 for assistance. • 7,4 zrao PROPOSED u RCSTAURANT 486 12 SG}A �� C�HC'nET It Drive (or L a•ayl f17q� .'I IS °. [Limit of Lease nllldgasJ[ Asphal; Regional btatt Mas requested deferral of the subject application for 11b F -airway Road South to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. Regional correspondence is attached. RECOMMENDATION That application B2020-026 for consent for a lease in excess of 21 years in favour of CHICK-FIL-A-CANADA ULC, for a restaurant at 225 Fairway Road South, be deferred. Katie Anderl, MCI P, 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 Bth Floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT September 8 2020 Re: Comments for Consent Application B2020-026 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-026 225 Fairway Road South Cadillac Fairview The owner/applicant is proposing to permit a commercial lease for the future Chick-Fil-A at the northwest corner of the subject property for longer than a 21 -year period. The development is subject to Site Plan Application SP 19/047/F/KA. Environmental Site Assessment: The subject lands are identified as a High and Medium Threat in the Region's Threats Inventory Database. The threat indicators are associated with the former commercial/industrial uses on the property (newspaper/printing building). Regional Staff acknowledge that the Environmental Screening Questionnaire submitted with the subject application did not indicate the current or previous land uses or whether any environmental documents (i.e. Phase I or Phase II Environmental Site Assessment) have been prepared or issued for the property. Regional Staff request clarification on this matter and if any studies have been completed that these studies be provided to the Region for review to determine whether there is a potential issue for site contamination. Regional Staff request deferral of the subject application for 225 Fairway Road South to allow Regional Staff to review any associated environmental documents to determine whether a Record of Site Condition is warranted to assess potential contamination issues on the subject lands. Regional staff recommend deferral of the subject application. Document Number: 3386498 Version: 1 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 19-037 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: 3386498 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report KANER Development Services Department wwwkitchener.ca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Brian Bateman - 519-741-2200 ext. 7869 3 September 2, 2020 DSD -20-139 APPLICATION #'s: B2020-027 & 028 11 Chicopee Park Court Applicant: Benjamin May Approve with conditions Location Map: 11 Chicopee Park. Crt. REPORT Planning Comments: In 2018, applications B2018-119 and B2018-120 requesting to sever 2 lots and retain one lot for residential purposes was approved by the Committee and the decision required the applicant to fulfill a number of conditions by September 29, 2019. It is staff's understanding the applicant has satisfied most of those conditions but was unable to complete all of the conditions by the specified timeframe. As a result, the decision has lapsed. Consequently, the applicant has re- applied under applications B2020-027 and B2020-028 seeking re -approval from the Committee for the creation of two severed and one retained residential lots. Details of the proposal are summarized below. The subject property measures 29.1 metres (95 feet) wide by 35.9 metres (118 feet) deep for an area of 1046.6 square metres (11,265.7 square feet). The subject property is designated Low Rise Residential and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The subject application has been considered under the policies of the City's 2014 Official Plan. The intent of the Low Rise Residential designation is to accommodate a range of housing types, favouring a mix and integration of different forms of housing to achieve a lower overall intensity of use. The lands are currently developed with an existing residential dwelling. The surrounding development consists of a mixture of single and duplex detached dwellings, semi-detached dwellings, and low-rise multiple dwellings. Lot sizes vary in width and area as evidenced by the Location Map shown above. The applicant is proposing to demolish the existing residential dwelling and is seeking permission to sever the subject lands to create two new residential lots and retain one residential lot. The two severed lots would each have lot widths of 9.6 metres (31.5 feet), a depth of 35.9 metres (118 feet) and an area of 344.6 square metres (3709.6 square feet). The retained lot would have a lot width of 9.6 metres (31.5 feet), a depth of 35.9 metres (118 feet) and an area of 344.6 square metres (3709.6 square feet). No variances are being sought with the creation of the lots as the they comply with the lot width and area requirements of the zoning. City Planning staff conducted a recent site inspection of the property in August 2020. Existing Detached Residential Dwelling at 11 Chicopee Drive 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 meet the general intent of the City's Official Plan, Zoning By-law, Provincial Policy Statement 2020 and the Growth Plan. 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 lotting fabric. The lands front onto a public street and full services are available. Based on the foregoing, Planning staff recommends that Consent Applications B2020-027 and B2020-028, requesting consent to sever the subject property into two lots and retain one lot be approved, subject to the conditions listed in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Conditions applied at this time should be consistent with those applied to the previous application. Transportation Services Comments: Transportation Services will require funds to be dedicated to Engineering Services for a future 1.8m concrete sidewalk along the entire frontage of both severed portions of these applications. 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. Please note that there are currently no storm sewers along Chicopee Park Court. The developer has three choices for a sump pump outlet. o Prove you can accommodate the sump pump discharge on the individual properties o Prove a sump pump is not required at all in the house. o Extend the storm sewer down the street. This will require MECP approval and will go through the Off -Site Works Process. ■ In accordance with Section 53 of the Ontario Water Resources Act, an Environmental Compliance Approval (ECA) for sewage works will be required by the Ministry of Environment, Conservation and Parks for the extension of the municipal sewer to the satisfaction of the Director of Engineering Services prior to site plan approval. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service these properties, all prior to severance approval. Our records indicate municipal sanitary and water services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • 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 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: Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (19.349m) at a land value of $9,200 per frontage metre. The total Park Dedication for this application is $8,900.54. Any change to the proposal for development may require a re -assessment of Park Dedication RECOMMENDATION: That Application B2020-027 and B2020-028 requesting consent to sever the subject property to retain one lot and create two new lots be approved, subject to the following conditions: 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 shall prepare a Tree Management Plan in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 3. 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 prior to any demolition, 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 and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. 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. c) That prior to issuance of a building permit, the Owner shall obtain clearance from the City's Director of Engineering that the forcemain for the Freeport Pumping Station has been fully commissioned and the development freeze has been lifted. 4. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcels equal in the amount of $8900.54. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portions. 5. That the owner provides 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. 6. That the Owner makes satisfactory arrangements, financial or otherwise, with the City's Director of Engineering for the installation of any new service connections to the severed and/or retained lands, including an extension of the storm sewer at the sole cost of the Owner. 7. That the Owner makes financial arrangements to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Operations for the installation, to City standards, of boulevard landscaping including street trees, and paved driveway ramps, on the severed and retained lands. 8. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 9. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. That the Owner submits 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. 11. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and force main to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 12. That the Owner makes arrangements financial or otherwise for the relocation/removal of any existing City -owned street furniture, boulevard trees, transit shelters, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the City Director of Engineering Services in consultation with the City's Director of Operations and the Director of Transportation Planning. 13. That the Owner makes satisfactory arrangements with Kitchener -Wilmot Hydro for the relocation of the existing hydro pole, if necessary. 14. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 15. That the Owner obtains Demolition Control approval in accordance with the City's Demolition Control By-law to the satisfaction of the Director of Planning. 16. That the Owner obtains a building permit to the satisfaction of the Chief Building Official. 17. That the Owner makes satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation. 18. That the Owner makes satisfactory arrangements with the Director of Engineering regarding sump pump outlets for the severed and retained lots. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff RepoifK�i-'(]HF:NF R Development Services Department wwwkitchener.a REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 WARD: 2 DATE OF REPORT: September 3, 2020 REPORT NUMBER: DSD -20-140 SUBJECT: Application B2020-029 442 Old Chicopee Trail Owner/Applicant — E. Munch & J. Brodrecht Approve with Conditions a � i Subject Property: 442 Old Chicopee Trail Staff Report Development Services Department Report: wwwkitchener. c a The City has received an application for consent to sever the property shown below located at 442 Old Chicopee Trail in the Grand River South Neighbourhood. The subject property contains a single detached dwelling on a lot measuring 40 metres wide and between 50 and 75 metres long. Surrounding land use comprises primarily single detached residential with lot widths in the 15 meter plus range. The existing single detached dwelling is proposed to be removed, and two new single detached dwellings are proposed, one for the retained and severed portions. Photo of 442 Old Chicopee Trail The proposed consent plan is illustrated below. The plan proposes to create one new lot measuring 18.2 metres wide, approximately 51 metres long for an area of 933 square metres. The retained lands are proposed to have a lot width of 21.9 metres, a lot depth ranging from 52 to 75 metres and a lot area of 1,382 square metres. To facilitate the plan, the existing detached dwelling will be demolished. Staff Report Development Services Department _tel � SITE CisPSi:fC LOT T4 LOT 21 'u LOT 20 LOT 15 rn LOT 19 LOT 16 LOT 17 00 ,A, ixsee S LOT 18 l �•�LO T 18 PART OF LOT 118, G.C.T. a LOT 17 ' J TO BE RETAINED To BE SEVERED f• PART I, PLAN 38R-11989 W LOT 43 w r LOT 42 rn n 158M PLAN 190 70 PART 1. PLAN 5W-1$1$7----- PART 3. PLAN 58R-11989 as PAR' 2,. PLAN 58R-12157 OLD CHICOPEE DRIVE (MAKUED ROAD) (0r -LAW Re. 13.79. 8157 A. 493578) SURWYOR`S CERTIFICATE ME SSnE+ Nw5 Cp LE,E4 dM nE 25,h 0x W WhY. E60p pRT[ kFPflT F. SIIURlES A site inspection was conducted on August 25, 2020. Planning Comments: vex wwwkitchener,ca The subject property is designated as Low Rise Residential in the City's Official Plan and dual zoned Residential Three (R-3) and Residential Four (R-4) in the Zoning By-law. The R-4 zone affects only a small portion of the subject lands. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly infill development that is appropriate and compatible. Staff Report Development Services Department wwwkitchener. c a It is the opinion of staff the proposal complies with City's Official Plan, Provincial Policy Statement 2020 and Section 51(24) of the Planning Act. The Low Rise Residential designation supports low rise residential housing in various forms to satisfy the varying housing needs of our community through all stages of life. Housing policy encourages infill that is compatible in nature with the surrounding context. The lands are serviceable, front onto a public street and the lots are consistent in width and area with the surrounding lotting fabric. The severed and retained lots are proposed to each be developed with a single detached dwelling, a permitted residential use. Both the severed and retained lots comply with and exceed the regulations of the Residential Three (R-3) zone. A Demolition Control Exemption approval will be required prior to the issuance of a Building Permit for new construction. Based on the foregoing, Planning staff recommends that Consent Application B2020-029 requesting to sever the existing property into two lots, be approved, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Transportation Comments: Given that a concrete sidewalk currently travels the entire width of the retained and severed portions, no funds for future sidewalk will be required. Transportation Services does not have any other concerns with the proposed application. Heritage Comments: Heritage Planning Staff has reviewed the application and has no concerns. 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 services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • 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 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. Staff Report KN x Development Services Department wwwkitchener.ca Regarding low water pressure concerns, Kitchener Utilities has acknowledged that water pressure for this area is on the lower side relative to other areas of the city; however, it is still within acceptable levels and KU has no concerns. Operations Comments: Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (18.288m) at a land value of $9,200 per frontage meter. The total Park Dedication for this application is $8,412.48. Any change to the proposal for development may require a re -assessment of Park Dedication. Environmental Planning Comments: The City's standard tree protection condition is required as a condition of approval, for both the severed and retained lands. A Tree Preservation/Enhancement Plan is required for the severed and retained lands in accordance with the City's Tree Management Policy, which must be submitted and approved before any building permit is issued. RECOMMENDATION: That Application B2020-029 proposing to create one new lot measuring 18.2 metres wide, approximately 51 metres long for an area of 933 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 pays to the City of Kitchener a cash -in -lieu contribution for parkland dedication equal to $8,412.48. 4. That the owner makes 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. 5. 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. 6. That the owner provides a servicing and grading plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. Staff Report KN x Development Services Department wwwkitchener.ca 7. That the owner submits 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 severed and retained lands. 8. That the Owner provides Engineering staff with confirmation that the basement elevation of the future dwelling can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the Owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Operations and Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 15. That the Owner obtains demolition control for the dwelling existing as of August 10, 2020 proposed to be demolished, to the satisfaction of the Director of Planning. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil fizz :1 r.R Development Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner - 519-741-2200 ext. 7110 WARD: 8 DATE OF REPORT: September 3, 2020 REPORT #: DSD -19-141 SUBJECT: APPLICATION: B2020-030 58 Barbara Crescent Owner: Dragan Vujovic Applicant: Boban Jokanovic Approve with conditions Location Map — 58 Barbara Crescent REPORT The subject property located at 58 Barbara Crescent is designated Low Rise Residential in the Official Plan and zoned Residential Four Zone (R-4) in the Zoning By-law. The property currently contains a single detached dwelling. The neighbourhood consists primarily of a mix of single detached dwellings and semi-detached dwellings. Lot sizes vary in width, depth, and area. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots for future single detached dwellings. The severed lot would have a frontage of 9.441 metres, depth of 49.255 metres, and an area of 550.4 square metres and the retained lot would have a frontage of 9.442 metres, a depth of 49.255 metres, and an area of 531.3 square metres. L S <[ - ae„ z_r.r - ooralry � 8 o r+wos�axm�carn aAMds TL P4TAY.IE9 J '_OT 14 i• ___ i. 7 4 S _ n• ]Ir] @AR@A:tA Ct�ESGENT Nr; Severance Sketch 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, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and can be serviced with independent and adequate service connections to municipal services. The resultant lots will be compatible in size with the lots in the surrounding area. Based on the foregoing, Planning staff recommends that Consent Application B2020-030 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 services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • 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 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 demolition permit issuance is required. 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 Fire Comments (compiled from emails from Greg Reitzel in July 2020): This area of the city (once Stirling passes Greenbrook) is problematic as there is only one road access to the area. Fire could not support additional density in the area unless it was just for a single family dwelling and they installed a sprinkler system and direct to fire home monitoring. Fire can support building one house on each lot as long as sprinkler systems are installed as well as direct to fire home monitoring. 3 Note from Planning: A building permit (#20 120816) for a new single detached dwelling on the `severed' lot has been applied for as of the date of this report. Kitchener Fire does not require a sprinkler for the first dwelling in this case as it is replacing what was already existing, per correspondence with Greg Reitzel. The recommendations section of this report proposes a condition that the future new single detached dwelling on the `retained' lot be constructed with a sprinkler system and direct to fire home monitoring. This is in line with comments from Kitchener Fire. Transportation Comments: Transportation Services will require funds in the amount of $2,169.26 to be dedicated to Engineering Services for a future 1.8m concrete sidewalk along the entire frontage of the severed portion of the original property. Operations Comments: Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (9.441 m) at a land value of $9,200 per frontage metre. The total Park Dedication for this application is $4,342.86. Any change to the proposal for development may require a re -assessment of Park Dedication. Region of Waterloo Comments Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff notes that the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." 0 RECOMMENDATION: A. That Application B2020-030 requesting consent to sever a parcel of land having a width of 9.441 metres and an area of 550.4 m2 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 provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the single detached dwelling existing as of August 10, 2020 be demolished to the satisfaction of the City's Planning Division. 4. That the owner enters into a modified subdivision agreement with the City of Kitchener to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning and Director of Engineering Services, and this is to be registered on title of the retained lands. Said agreement shall include the following special conditions: a. The OWNER agrees that no building permits shall be applied for the severed or retained lands until satisfactory arrangements are made with the CITY'S Chief Building Official to install and maintain a direct -to -fire alarm monitoring system and fire sprinkler system for each dwelling to be constructed. I. Satisfactory arrangements shall include the submission of drawings showing the hardwiring in each dwelling. II. No occupancy of each dwelling shall be permitted until the CITY'S Chief Building Official has confirmed that such system is operational. III. Such system shall remain operational in perpetuity as a responsibility of the homeowner and this condition shall not be released from title unless and until the CITY Solicitor is notified by the CITY'S Fire Chief that adequate protection is otherwise provided and the maintenance of the system is no longer mandatory. 5. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,342.86 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. 6. That the Owner makes satisfactory arrangements with the Director of Engineering for payment towards future sidewalk installation along the frontage for the severed portion in the amount of $2,169.26 (2020 fee). Should the funds be dedicated in 2021 or later, an updated fee will apply. A 7. That the Owner makes 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. 8. That the Owner makes 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. 9. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 10. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 11. 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. 12. 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. 13. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 per new lot created. 14. The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii) "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain 0 closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." 15. 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. Richard Kelly-Ruetz, BES Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner 7 N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: J V'1 r.NER wwwkitchenerca Committee of Adjustment September 15, 2020 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Katie Anderl, Senior Planner - 519-741-2200 ext. 7987 8 September 9, 2020 DSD -19-142 APPLICATION #: B2020-031 500 Karn Street Applicant: Dryden, Smith & Head Planning (Alex Galloway) Approve with conditions i� 4 y ,y i ,y ,y .y 4 I Location Map: 500 Karn Street 187 Subject Property I Retai I Severed I 482 466 t! #. X/ `C \ \\ / \ -1-1 � REPORT The Committee of Adjustment previously gave consideration, and approved the proposed consent in February 2019. However, the owner did not satisfy the approved conditions within the required timeframe and the decision of the Committee of Adjustment lapsed. As such the owner has reapplied for the same consent as was previously considered. The subject property is designated Low Rise Residential in the Official Plan, zoned Residential Four Zone (R-4) in the Zoning By-law, and is currently developed with a single detached dwelling. The neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings and multiple dwellings. Lot sizes vary in width, depth, and area. The Applicant intends to demolish the existing building and is requesting consent to sever the subject property into two lots for future single detached dwelling. The severed lot would have a frontage of 10.211 metres, depth of 41.6 metres, and an area of 439.5 square metres and the retained lot would have a frontage of 10.211 metres, a depth of 42.2 metres, and an area of 439.3 square metres. Photo: Existing single detached dwelling at 500 Karn Street (photo taken August 11, 2020) 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, the dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and can be serviced with independent and adequate service connections to municipal services. The resultant lots will be compatible in size with the lots in the surrounding area. E Based on the foregoing, Planning staff recommends that Consent Application B2020-031 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 service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. • The property falls within the City of Kitchener Central Neighborhoods Boundary and is therefore may be eligible for funding from the City of Kitchener for municipal service extension design and installation. Please note that funding is made available on a first come first serve basis and may be adjusted during times of a pandemic. • A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Environmental Planning Comments: Standard condition on both the severed and retained lands to enter into an agreement to complete tree preservation / enhancement plan prior to demolition permit issuance is required. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings. Transportation Comments: Transportation Services has no concerns with the proposed application. Operations Comments: Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (10.2m) at a land value of $9,200 per frontage metre. The total 3 Park Dedication for this application is $4,692.00. Any change to the proposal for development may require a re -assessment of Park Dedication. RECOMMENDATION: A. That Application B2020-031 requesting consent to sever a parcel of land having a width of 10.211 metres and an area of 439.5 m2 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 provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner submits a Demolition Control Application. 4. That the Owner submits a Demolition Building Permit. 5. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,692.00 which is required on the severed parcel as a new developable lot will be created by the severance. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 6. That the Owner makes 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. 7. That the owner makes financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, and a paved driveway ramp, on the severed and retained lands. 8. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Engineering Division. 9. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 10. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. 0 11. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 12. That the Owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. 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. Katie Anderl, BES, MCIP, RPP Senior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner A N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff RepoilKN-6 URENER Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 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: September 4, 2020 REPORT NUMBER: DSD -20-143 SUBJECT: Application B2020-032 160 Strange Street Owners/Applicants — Erin & Richard Griesbaum Approve with conditions -Ak Ak -4, -40 1Y■� SS < _� F�ic�i Subject Property: 160 Strange Street Staff Report KN NEx Development Services Department wwwkitchener.ca Report: The Owner is proposing to demolish the existing dwelling and sever the property is create a new lot for a semi-detached dwelling. The retained lands are proposed to be redeveloped with a new single detached dwelling. The severed lands have a lot width of 15.34 metres, a depth of 40.82-42.61 metres, and a lot area of 630.48 square metres. The retained lot is proposed to have a lot width of 10.32 metres, a depth of 39.60-40.82 metres and a lot area of 414.54 square metres. Planning Comments: Official Plan and Zoning By-law 85-1 The subject property is designated Low Rise Conversation in the K -W Hospital Secondary Plan (City's Official Plan) and zoned Residential Five Zone (R-5) in Zoning By-law 85-1. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The Low Rise Conservation designation has been applied to areas where it is the intention to retain the existing low rise, low density residential character of the neighbourhood. Preservation of the built scale of development shall be encouraged through the retention of the existing housing stock, subdivision of the existing housing stock to create multiple unit dwellings, and the creation of new housing through redevelopment at no greater than the existing scale and intensity of development occurring as of July 16, 1987. The current zoning permits a multiple dwelling with up to 3 dwelling units. The proposed severance would permit 3 street fronting units in individual ownership, being a single detached and two semi-detached dwellings. Permitted uses include single detached and semi-detached dwellings. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both the severed and retained lands 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. Neighbourhood Planning Reviews The City is undertaking a detailed review of the land use and planning framework for many specific Kitchener neighbourhoods, including the subject property, known as the Neighbourhood Planning Reviews project. This process involves creating new policies and mapping that will be added to our Official Plan, updating zoning, considering new urban design guidelines and implementing our cultural heritage landscapes. Through this, the City will be implementing the Planning Around Rapid Transit Stations (PARTS) Study, Kitchener's Cultural Heritage Landscape Study (CHLS), and the Residential Intensification in Established Neighbourhoods Study (RIENS). Staff Repo KiI(tF'.R Development Services Department wwwkitchener.ca The property is proposed to be designated as Low Rise Residential Limited in the new Midtown Secondary Plan. That Midtown Secondary Plan was presented to Kitchener City Council in December 2019 however, a decision has not been made and therefore the plan has no legal status. Along with the new land use designation, new zoning was also recommended, being RES - 3 (159) (160). As these changes have not yet been approved, the current Official Plan designation and R-5 zoning prevails. BuildingElevation Review The proposed Site -Specific Provision 159 requires that an attached private garage or detached private garage shall be located 5.5 metres behind the front fagade of the principal building and Provision 160 requires that a new single detached dwelling and new semi-detached dwelling shall include a porch. Planning staff s that in accordance with Official Plan Policy 4.C.1.7, as a condition of approval, the Owner prepares elevation drawings to the satisfaction of the Interim Director of Planning or alternate, showing porches and recessed garages for the proposed single detached and semi- detached dwellings, prior to final approval of the severance application. This would ensure that while Site Specific Provisions 159 and 160 are not in effect, the intent of those regulations, as developed through community consultation on the Neighbourhood Planning Review and RIENS projects, may be implemented. Existing Dwelling — 160 Strange Street Staff Report KN x Development Services Department wwwkitchener.ca Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of all existing buildings, as well as construction of all new residential buildings Transportation Comments: Given that a concrete sidewalk currently travels the entire width of the retained and severed portions, no funds for future sidewalk will be required. Transportation Services does not have any other concerns with the proposed application. It is worth noting that this proposal for severance will result in the loss of two (2) on -street parking spaces along Strange Street. Additionally, the City of Kitchener Official Plan identifies Strange Street (From Park to Victoria) to be widened to an ultimate width of 20.0m. Based on this, the applicant will be required to dedicate a road widening of approximately 2.0m. A reference plan shall be submitted noting the conveyance of lands to the City along the entire frontage of the severed portion of land. A Phase 1 ESA shall also be submitted for the severed portion, and, if necessary, a Phase 2 ESA shall be submitted to the satisfaction of Engineering Services. Heritage Comments: There are no cultural heritage concerns or issues with this application. However, the applicant is advised that the subject property is adjacent to the Warehouse District Cultural Heritage Landscape. 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 services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). 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 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 Staff Report KN x Development Services Department wwwkitchener.ca pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (15.34m) at a land value of $9,200 per frontage metre. The total Park Dedication for this application is $7,056.40. Any change to the proposal for development may require a re -assessment of Park Dedication. Environmental Planning Comments: Environmental Planning staff does not have any concerns with the proposed application. Regional Comments: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Regional Staff acknowledges that the subject lands at 160 Strange Street have been disturbed, and will therefore not require an archaeological assessment. However, the owner/applicant should be aware that: If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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 notes that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Staff Report KNNh uHL 16-, Development Services Department wwwkitchener.ca Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). " ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- way. " RECOMMENDATION: That Application B2020-032 proposing to sever a lot with a width of 15.34 metres, a depth of 40.82-42.61 metres, and a lot area of 630.48 square metres, be approved subject to the following conditions: 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $7056.403. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (15.34m) at a land value of $9,200 per frontage meter. 4. That the owner conveys to the City of Kitchener, without cost and free of encumbrance, an approximately 2.0 metres wide road widening along the severed and retained parcel's entire Strange Street frontage, to the satisfaction of the City's Transportation Services. In addition, the owner shall submit a Phase 1, and if necessary, a Phase 2 Environmental Assessment to the satisfaction of the City's Engineering Services for the road widening on the severed portion. Staff Report KN NEx Development Services Department wwwkitchener.ca 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 6. That the Owner makes arrangements financial or otherwise for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the Owner provides a servicing plan, showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That the Owner submits 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. 9. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner 10. That in accordance with Official Plan Policy 4.C.1.7, the Owner prepares elevation drawings for the severed and retained lands, showing porches and recessed garages for the proposed single detached and semi-detached dwellings, to the satisfaction of the Director of Planning. 11. That prior to final approval, the owner/applicant submits the Regional consent review fee of $350.00 per new lot created. 12. The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo Staff Report vx Development Services Department wwwkitchener.ca (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). " ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of- way." Garett Stevenson, MCI P, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 8 DATE OF REPORT: September 8, 2020 REPORT #: DSD -20-144 SUBJECT: Application No. B2020-033 Address: 4 Westgate Walk Applicant: MHBC Planning (Attn: Carol Wiebe) Owners: Graham Dare & Sandra Dare Summarized Recommendation: Approve Subject to Conditions REPORT Planning Comments: The subject property, municipally addressed as 4 Westgate Walk, is composed of two lots (Lots 2 and 3, RP 977 — see Appendix A) that front onto Westgate Walk, a cul-de-sac in the Westmount Planning Community. The property is approximately 5,246 square metres in area. The property is located east of Westmount Golf and Country Club and backs directly onto the City of Waterloo boundary. Westgate Walk is composed of 12 lots on Plan of Subdivision RP 977, a subdivision that was approved in 1959. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subdivision has been constructed with single detached dwellings. The subject property is developed with a single detached dwelling, constructed in approximately 1963, that straddles the lot line between Lot 2 and Lot 3, RP 977 (the dwelling is mainly on Lot 2, RP 977; however, a small portion of the dwelling is located on Lot 3). The property is designated Low Rise Residential in the Official Plan and is zoned Residential Two (R-2) in Zoning By-law 85-1. As of yet, no new zoning category is proposed for the subject property through the City's Comprehensive Review of the Zoning By-law (CRoZBy). Planning staff visited the property on August 28, 2020. It should be noted that, since the original submission, the owners have slightly revised the technical request for consent; however, the intent remains the same. In this regard, the revised application relates to Lot 3, RP 977 and requests consent to create a new parcel with an approximate frontage on Westgate Walk of 48.8 metres and an area of 1,920.0 square metres. The Retained Parcel would be irregularly shaped and have an approximate depth of 56.1 metres and an area of 614.3 square metres. Through an approval condition requiring the owner to enter into an agreement, the Retained Parcel (i.e. Part Lot 3, RP 977) would be bound to the adjacent Receiving Parcel (i.e., Lot 2, RP 977). The Proposed Severance Sketch Plan describes the requested transaction (see Appendix B). In practical terms, the purpose of the application is simply to re -organize the two existing lots so that one property (i.e., the whole of Lot 2 plus the Retained Parcel) contains the existing dwelling and associated features (e.g., retaining walls, stairs), and the other property (i.e., the vacant Severed Parcel) is established to allow for future development of a dwelling. Both resultant properties meet all zoning regulations (including Section 5.14 which deals with consolidated lot development) and no variances are needed to facilitate the requested consent. The Severed Parcel would be adequately sized and oriented to be able to accommodate a future dwelling that is characteristic of the surrounding neighbourhood. It should be noted that the application does not propose to modify, add to, or demolish the existing dwelling. Please also see the below Heritage comments. Planning staff recommends that a condition be applied to require the owner of the Severed and Retained parcels to enter into an agreement with the City to require that a tree management plan be prepared in advance of the submission of building permit application on the Severed and Retained parcels. As aforementioned, Planning staff recommends that a condition be applied to require the owner to enter into an agreement to bind the Retained Parcel with Lot 2, RP 977. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of the resultant parcels conform to the City's Official Plan, the dimensions and shapes of the resultant parcels are appropriate and suitable for the existing and proposed uses, the resultant parcels front onto established public streets, and the resultant parcels will be serviced with independent, adequate municipal service connections. The proposed irregular lot line between the Severed and Retained parcel is appropriately located so as to minimize impact on the existing mature trees and to ensure ownership of stairs and retaining walls remain with the existing dwelling. The requested consent will allow the re -organization of the properties for appropriate residential development and supports the retention of the existing dwelling on the receiving parcel. Based on the foregoing, Planning staff recommends that the subject application be approved, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the construction of all new residential buildings. Transportation Services Comments: Transportation Services will require funds to be dedicated to Engineering Services for a future 1.8m concrete sidewalk along the entire frontage of the severed portion of the original property. The approximate estimated cost is $11,212.78 based on 48.8 metres of frontage on Westgate Walk. Engineering Services Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new services that may be required to service these properties, all prior to severance approval. Our records indicate municipal services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • 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, 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: The standard tree management condition is required. Heritage Comments: The property municipally addressed as 4 Westgate Walk is neither listed or designated under the Ontario Heritage Act, but rather is identified as a property of cultural heritage value or interest and is located within the Westmount East and West Cultural Heritage Landscape. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of the Committee of Adjustment application in order to ensure that the proposed lot line adjustment had regard for and was consistent with Provincial, Regional and Municipal policies relating to the conservation of cultural heritage resources. A draft HIA prepared by MHBC Planning dated February 2020 was submitted and scheduled for comment by the City's Heritage Kitchener committee on Tuesday March 3, 2020. A final HIA prepared by MHBC Planning August 2020 was submitted in relation to Committee of Adjustment application B2020-033. The HIA concluded that the dwelling and associated landscape at 4 Westgate Walk has design/physical and historical/associative cultural heritage value or interest for its association with the Dare family and architect Eberhard Zeidler. The HIA also concluded that the proposed interior lot line adjustment will not result in any loss of cultural heritage value and will have minimal impact on the streetscape and neighbourhood context. The dwelling and associated landscape will be conserved in-situ on the retained lands and the lot line adjustment is aligned to conserve the existing retaining wall. Heritage Planning staff agrees with the conclusions of the HIA that the proposed lot line adjustment will have a neutral impact on the built heritage resource and associated designed landscape and that the existing dwelling will not be isolated by new infill development. The final HIA was approved by the General Manager of Development Services on August 27, 2020. Based on the above comments, Heritage Planning staff has no concerns with the proposed lot line adjustment. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Region of Waterloo Comments: The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. RECOMMENDATION That Consent Application B2019-033, requesting consent to create a new lot with an approximate frontage on Westgate Walk of 48.8 metres and an area of 1,920.0 square metres from the parcel of land described as Lot 3, RP 977, as generally shown on the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020, be approved, subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the "Retained Parcel" (as shown in the Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020, attached to Report DSD -20-144) and Lot 2, RP 977, to provide the following: That title to the Retained Lands and Lot 2, RP 977 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Retained Lands nor Lot 2, RP 977 shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels for the Retained Lands and Lot 2, RP 977 immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. Prior to the commencement of any grading on the severed or retained lands, 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 Plan for the severed 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, servicing, 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 Tree Preservation Plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. c. The owner agrees to maintain the severed and retained lands, in accordance with the approved Tree Preservation Plan, for the life the development. 6. That the owner shall make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of new service connections to the severed parcel. 7. That the owner shall prepare a servicing plan, showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 9. That the owner shall make satisfactory arrangements with the Director of Engineering Services for payment towards future sidewalk installation along the frontage of the severed parcel. 10. That prior to final approval, the owner/applicant shall submit the Regional consent review fee of $350.00 per new lot created. Andrew Pinnell, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner Attachments: • Appendix A — Plan of Subdivision RP 977 • Appendix B — Proposed Severance Sketch Plan, prepared by MHBC Planning, dated Aug 28, 2020 W� ---------- a3 qq • V \ n R) (D .co v j x s CCD oop 3F '^A �5. x.3333- i Omn�m Z © a s go. A CD 3 5 3 Cn N oNA. J a o s o CD aan33 3 N �+ N + I+ . u� T A"I woX. —'a7n q rn s= CD C w . w (D a'•, (D oN CD yl I y w{�� n m I 9 +%� N i95 _ W� ---------- a3 qq • V \ n R) (D .co v j x s CCD oop 3F '^A �5. x.3333- i Omn�m Z © a s go. A CD 3 5 3 Cn N oNA. J a o s o CD aan33 3 N �+ N + I+ . N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Holly Dyson From: Holly Dyson Sent: 08 September, 2020 9:42 AM To: 'Joel Cotter' Subject: RE: Kitchener Committee of Adjustment - September 15, 2020 - B 2020-033 - 4 Westgate Walk Hi Joel, Just confirming I received your email. Thank you for your comments, they will be attached to the member's packages. Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(aD-kitchener.ca From: Joel Cotter <Joel.Cotter@waterloo.ca> Sent: 04 September, 2020 4:51 PM To: Holly Dyson <Holly.Dyson@kitchener.ca> Cc: Janine Oosterveld <Janine.Oosterveld@kitchener.ca> Subject: [EXTERNAL] RE: Kitchener Committee of Adjustment - September 15, 2020 Hi Holly, Resending 2nd time due to email bounce back. Please confirm receipt. Joel JOEL COTTER nnciP RPP Director, Planning Division • City of Waterloo P: 519.747.8543 E: joel.cotter@waterloo.ca 100 Regina Street South, P.O. Box 337 STN Waterloo, Waterloo Ontario, N2J 4A8 THE CIIV OF wbtirloo From: Joel Cotter Sent: September 4, 2020 4:37 PM To:'holly.dyson@kitchener.ca' <holly.dyson@kitchener.ca> Cc: Janine.Oosterveld@kitchener.ca Subject: FW: Kitchener Committee of Adjustment - September 15, 2020 Hi Holly, Resending due to email bounce back. Please confirm receipt. 1 Joel JOEL COTTER McIP RPP Director, Planning Division • City of Waterloo P: 519.747.8543 E: joel.cotter@waterloo.ca 100 Regina Street South, P.O. Box 337 STN Waterloo, Waterloo Ontario, N2J 4A8 THE CffV OF ftftrloo From: Joel Cotter <Joel.Cotter@waterloo.ca> Sent: September 4, 2020 4:15 PM To: Lisa Morrison <Lisa.Morrison @waterloo.ca>; HolIy.Dyson@kitchener.ca Cc: Natalie Hardacre <Natalie.Hardacre@waterloo.ca>; Joel Cotter <Joel.Cotter@waterloo.ca>; Danielle Ingram <Danielle.Ingram @waterloo.ca> Subject: RE: Kitchener Committee of Adjustment - September 15, 2020 Hi Holly, The City of Waterloo has no concerns relative to A2020-065 or 132020-034-036. With respect to 132020-033, we request that no boundary trees or regionally/provincially significant trees be removed or impacted on or near the municipal boundary, as verified through a Vegetation Management (Tree Savings) Plan, unless authorized by a qualified arborist due to decline or a hazardous condition. Regards, Joel JOEL COTTER McIP RPP Director, Planning Division • City of Waterloo P: 519.747.8543 E: joel.cotter@waterloo.ca 100 Regina Street South, P.O. Box 337 STN Waterloo, Waterloo Ontario, N2J 4A8 THL CITY OF l ft*rloo From: Holly Dyson <Holly.Dyson@kitchener.ca> Sent: August 25, 2020 4:05 PM To: Lisa Morrison <Lisa.Morrison @waterloo.ca> Subject: [EXTERNAL] FW: Kitchener Committee of Adjustment - September 15, 2020 Hi Lisa, Regarding my email below, Danielle's out of office says to direct these emails to you while she's on vacation. Thanks. Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(cDkitchener.ca -;�— G-..- 0 From: Holly Dyson Sent: 25 August, 2020 3:17 PM To:'Danielle Ingram' <Danielle.Ingram @waterloo.ca> Cc: Dianna Saunderson <Dianna.Saunderson@kitchener.ca> Subject: Kitchener Committee of Adjustment - September 15, 2020 Hi Danielle, Please find attached Kitchener's Committee of Adjustment September applications that have properties bordering the City of Waterloo. If you have concerns, please let me know by September 4, 2020. If you have no concerns I don't need to hear back. I will be sending another email shortly with maps requesting addresses for the property owners within 30m of the subject property. It would be greatly appreciated if you could get those addresses to me by this Friday, August 28, 2020. Thanks Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly. dyson(cDkitchener.ca I. � . .x ITTune 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 vex Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 WARD: 7 DATE OF REPORT: September 15, 2020 REPORT NUMBER: DSD -20-146 SUBJECT: Application B2020-034, 035 and 036 956 — 962 Glasgow Street Applicant — P. Chauvin, MHBC Approve with Conditions 6 Subject Properties Staff Report Development Services Department Report: vex wwwkitchener.ca This is an existing 4 -unit condominium townhouse development located on the east side of Glasgow Street near the intersection of University Avenue and Glasgow Street. The lands are legally described as Lot 1, Registered Plan 58M-3 and the existing townhouse dwelling was site plan approved with a Site Plan Agreement registered on title on February 23, 1996 as Instrument Number LT0000764. The townhouse dwelling also forms part of standard condominium (Waterloo Standard Condominium Plan No. 262) that was registered in July 1997. Photo of 954 to 962 Glasgow The existing unit owners of the condominium wish to terminate the condominium in accordance with Section 122 of the Condominium Act. One of the pre -conditions to terminate the condominium, is to obtain consent approval from the approval authority. Therefore, the purpose of this application is to sever the existing condominium units into individual freehold lots in order to facilitate the termination of the condominium. It should be noted that the addresses shown on Onpoint are incorrectly shown and are properly reflected in the Recommendation section of this report. Staff Report vex Development Services Department wwwkitchener.ca The proposed consent plan is illustrated below. The plan is to sever three lots and retain one lot. All four townhouse lots will generally coincide with the current unit boundaries of the condominium with the exception of Unit 4, which will include the triangular-shaped portion of the existing common element. This area will form part of the exterior side yard of Unit 4. To facilitate the creation of these lots, easements are necessary. These include: 1. a three (3) foot (0.9 metre) wide maintenance (lawnmower) easement for Units 2 and 3 over Unit 4; and 2. easements for sanitary and storm servicing over Unit 4 in favour of Units 2 and 3, as illustrated on the Consent Sketch prepared by MHBC. a.m .+ Ims ru . 51-0 A site inspection as conducted on August 25, 2020. wr.ra erw�utierer., w.• -f ,_ i..`Rposx Severance Sketch Laredsto-beSevered11,5urm-1 -Parcel #1y734nm� ru-M A . Parcel1*2 {4,n rn 1 + Parcel M X4,2[1 M-) 3r• ..4W Larrc5 63 be Rew4wd (1,232 rrYl DnAW Ms Qp,=em =asener: --- — _— A ys?* Rnreel GWrrr=.' a.e, Manag er, ert f asr=rrer` as&-ev 0 Ly?nWare-- c°rr ar K t -mer Resor cf WM erne --q- :c T -�.-� -=@sernenl A site inspection as conducted on August 25, 2020. Staff Repo N' KCluHL Development Services Department wwwkitchener.ca Planning Comments: The subject properties are designated as Low Rise Residential in the City's Official Plan and zoned Residential Six (R-6) in the Zoning By-law 85-1. 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 PPS, Growth Plan and City's Official Plan and will allow for the continuation of orderly development in an alternate form of tenure that is deemed appropriate and acceptable. The lands front onto a public street and each dwelling unit has separate water services. Moreover, easements being proposed are necessary to ensure rear yard access to internal units is provided for maintenance purposes, and to legalize and maintain existing storm and sanitary servicing rights over adjacent unit lands. Based on the foregoing, Planning staff recommends that Consent Applications B2020-034, 035 and 036 requesting to sever the existing property into three lots together with easements BE APPROVED, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Given that a concrete sidewalk currently travels the entire width of the retained and severed portions, no funds for future sidewalk will be required. Transportation Services does not have any other concerns with the proposed application. Heritage Comments: Heritage Planning Staff has reviewed the application and has no concerns 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. Alternately, the existing sanitary and storm sewers and services can be accommodated with an easement to the necessary units/new lots. The owner may be required to make satisfactory financial arrangements with the Engineering Division for the installation of new services or any City infrastructure that may be required to service these properties, all prior to severance approval. Our records indicate municipal water services are available for the proposed properties. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). *this is not required if the developer does not intend to change anything within the right- of-way 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. Staff Report Development Services Department wwwkitchener. c a • A servicing plan showing outlets to the municipal servicing system and any internal servicing (existing or proposed) on the property will be required to the satisfaction of the Engineering Division prior to severance approval. • Please provide a reference plan showing the location of a 6m wide easement for the sanitary sewer proposed and confirm that it matches the approved servicing plan for the development. Please note that the easement width must be a minimum of twice the depth of the sewer and centered on the pipe. This easement must also extend over Unit 2, 3 and 4. This must be adjusted from the drawings provided. This document must be reviewed and approved by Engineering. Any further enquiries in this regard should be directed to Katie Wood (519-741-2200 ext. 7135). • The storm easement proposed must extend over Units 2, 3 and 4 for an overland flow route. This easement will also be for the storm sewer and CB located on Unit 4. Please provide a grading plan showing the overland flow route proposed. • The reference plan must be registered on title to the individual properties in favour of the neighbouring ones for the purposes of a sanitary sewer outlet, the storm water overland flow route and storm sewer outlet. This easement would be for maintenance, repair and access. • 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.). *this is not required if the developer does not intend to add any City assets within the right-of-way Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as new development lots will be created. The cash -in -lieu dedication required is $10,032.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (21.81 m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: Clauses 6 b -d of the Section 41 Site Plan Agreement registered on title as Legal Instrument 00764 requires the existing trees and landscaping to be maintained for the life of the development. This legal obligation should carry on through title to all of the 4 severed AND retained parcels. The trees and landscaping to be maintained are shown on the Landscaping and Tree Management Plan (Ecoplans Limited, approved by City 17 April 1996) available at City Hall. RECOMMENDATION: That Applications B2020-034, B2020-035 and B2020-036 proposing to create three lots and retain one lot measuring: 1. B 2020-034 - 962 Glasgow Street (Severed Parcel 1) Width - 17.74m Depth - 45.19m Area - 734 sq.m. 2. B 2020-035 — 960 Glasgow Street (Severed Parcel 2) Width - 9.48m Staff Report Development Services Department Depth - 44.62m Area - 423 sq.m. 3. B 2020-036 - 958 Glasgow Street (Severed Parcel 3) Width - 9.45m Depth - 44.16m Area - 420 sq.m. 4. Retained Land - 956 Glasgow Street (Corner Lot) Width 54.51 Depth - 38.66m Area - 1,292 sq.m. wwwkitchener. c a along with easements in favour of 958 and 960 Glasgow Street over 956 Glasgow Street for access, storm and sanitary servicing purposes, as shown on the Consent Plan prepared by MHBC dated August 10, 2020, 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 properties to the satisfaction of the City's Revenue Division. 3. That the Owners shall make satisfactory arrangements to de -register Waterloo Standard Condominium Plan 262 to the satisfaction of the Land Registry Office and Director of Planning in consultation with the City's Solicitor. 4. That the Owner provides a draft reference plan showing the requested specific easements, as well as a description of the purpose of the easements, rights, privileges being granted, for registration, to the satisfaction of the City's Director of Planning, City's Director of Engineering Services, and City Solicitor. 5. That the Transfer Easement documents required to create the easements being approved herein shall include the following and shall be approved by the City Solicitor, in consultation with the City's Director of Planning: a. a clear and specific description of the purpose of the easements and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. clause/statement/wording confirming that the easements being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the Staff Report KN x Development Services Department wwwkitchener.ca City. c. a satisfactory Solicitor's Undertaking to register the approved Transfer Easements and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 6. That the Owner provides a servicing/grading plan showing outlet to the municipal servicing system to the satisfaction of the Director of Engineering Services for the severed and retained lands. 7. That the Owner submits 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 severed and retained lands. 8. That the Owner pays to the City cash -in -lieu of Parkland Dedication in the amount of $10,032.60 or to the satisfaction of the Director of Parks and Cemeteries. 9. That the Owner agrees to maintain the Site Plan Agreement registered on title as Legal Instrument LT00764, and that said Agreement shall remain for the life of the development or to the satisfaction of the City Solicitor in consultation with the Directors of Planning and Engineering and/or other City divisions or agencies as appropriate. -41-44k __ Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report K�R x Development Services Department wwwkltchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician - 519-741-2200 ext. 7847 WARD: 7 DATE OF REPORT: September 15, 2020 REPORT #: DSD -20-146 SUBJECT: APPLICATION #: B2020-037 1541 Highland Road West Applicant: Schiedel Construction Incorporated (Allen Schiedel) Approve with conditions Location Map: 1541 Highland Road West (& 1557 Highland Road West) REPORT The subject property is designated Commercial in the Official Plan and zoned C-6 under By-law 85-1 and COM -3 under By-law 2019-051 (presently under appeal). The applicant has submitted the consent application to create an irregularly shaped easement having an area of 144 square metres on 1541 Highland Road West in favour of 1557 Highland Road West. The purpose of the easement is to provide sanitary services to 1557 Highland Road West which is currently the subject of a site plan application. Staff has been working with the owner of 1557 Highland Road West through a site plan application to develop the property with a small commercial plaza. As there is no sanitary servicing available from the municipal right-of-way, the need for the easement was created. The proposed easement will be located at the rear of 1541 Highland Road West. The small irregularly shaped easement is shown in the survey below. Pk- 'JSEO EASEMENT SKETCH 1541 HIGHLAND ROAD WEST CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOG I YALE 1 ; 500 METRIC aWc�?aRumD' rtA t9 fiET ern"dnoleLSN'a"'S N CON MA PART 5 SUBW 70 AN EASMf7.2 A o. r IN lNST. No. NR6673U2 az I 4?Q' a+ _ yp,,,�g++ mrlc t•s' ie`r'mL G PART 3� e M" I , r L m � I R L A N S :8 2 2 6 0 PM 224ff1-1976 &F) A� h� a 6. v PROPCIS€0 SAMTA Y uv EASEMENT PAPT I PART 2 �* 'CT mEwQ xr PIN 22 r-9530I(t T) E1*� '------' /r �IaNa T Grp oRoPMCIXi1ERClIt$w[ARY"&€ASEMENTw€AvWa �SfDELfL�P1ENT At IS]� NGMLWO MA f+AfHCf SVRVEV. QpR81ARY INrOPoYATI}i I M A HAS -EDERUAVAI ALABLE $uRVLY FECOA�S ANBEFIT CCAIPIL O MA$ N5T QEEN AWn QV LFA[1 AEARIREAENi 1 01 6 -PN 2246 Y1373 yY6 T] �r a Z a d- $ --- +72-R ---- ' f® ,�""' l�! Ii'im W •� � �/ � W� �AiE (ry1nIp L�+UESLLMYET08 d� KM 2 SIAW WIAiU?QA CC4ELOWNI 4 'f 6 N' M- UONALU TAMBLYN LORD SURVEYING W s....e o w.. iw.w d8/�OJsEao L1 Survey showing the proposed servicing easement. 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, staff is satisfied that the creation of the sanitary service easement is desirable and appropriate. Granting the easement in favour 1557 Highland Road West will support the development of the commercial plaza and will in no way compromise the function or use of 1541 Highland Road West. Based on the foregoing, Planning staff recommends that Consent Application B2020-037 requesting consent to create a sanitary service easement on 1541 Highland Road West in favour of 1557 Highland Road West be approved, subject to the conditions listed in the Recommendation section of this report. E Engineering Comments: Please provide a reference plan showing the location of a 5m wide easement for the sanitary sewer proposed and confirm that it matches the approved servicing plan for the 1557 Highland Rd W development. These documents must be reviewed and approved by Engineering. Any further enquiries in this regard should be directed to Jason Brule (519-741-2200 ext. 7419). The reference plan must be registered on title to 1541 Highland Rd W in favour of 1557 Highland Rd W for the purposes of a sanitary sewer outlet. Environmental Planning Comments: No concerns. Building Comments: No concerns. Transportation Comments: No concerns. RECOMMENDATION: That Application B2020-037 requesting consent to create an irregularly shaped easement having an area of 144 square metres on 1541 Highland Road West in favour of 1557 Highland Road West 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 provides 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 two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Transfer Easement document required to create the Easement being approved herein shall include the following and shall be approved by the City Solicitor: a. a clear and specific description of the purpose of the Easement and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b. a clause/statement/wording confirming that the Easement being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City 4. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 3 Lisa Thompson, CPT Planning Technician Juliane von Westerholt, BES, MCIP, RPP Senior Planner N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Report AaR Development Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Planner — 519-741-2200 ext. 7843 WARD: 4 DATE OF REPORT: September 4, 2020 REPORT #: DSD -20-147 SUBJECT: B2020-038 & A2020-074 — 31 Wilfong Drive Applicant — Andrew Head Approve Location Map: 31 Wilfong Drive & 8-16 Mitierra Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Background: The parcel at 31 Wilfong Drive contains a single detached dwelling. The parcel at 8-16 Mitierra Drive contains a building with 4 street- fronting townhomes. Both properties were owned by the same party and the death of a spouse caused an inadvertent land merge of both properties. The owner wishes to sell the property at 31 Wilfong containing the single detached dwelling and in order to do so, must come before the Committee of Adjustment for severance permission to re- establish the property lines. Staff has confirmed the property lines to be existing for at least 60 years prior to the inadvertent merge. Planning Comments: The subject properties located at 31 Wilfong Drive and 8-16 Mitierra Drive are zoned Residential Two Zone (R-2) with Special Use Provision 187U in the Zoning By-law. The property is designated Low Rise Residential in the Official Plan. Staff conducted a site inspection of the property on September 4, 2020. The applicant is requesting permission to sever the two properties to re-establish the historical lot lines. As a result, the site at 31 Wilfong is requesting relief from Special Use Provision 187U in the Zoning By-law for reduction of lot width from 30.48 metres to 19.74 metres and reduction in lot area from 2023 square metres to 724 square metres. The properties are located within the Upper Doon Heritage Conservation District. Special Use Provision 187U is informed by this district and is intended to preserve existing lot fabrics. Staff has confirmed that the properties historical lot lines were existing prior to the establishment of the Upper Doon Heritage District. No new development is proposed as a result of this application. 4 Fr b yI 1■ r Li 71.. t� Existing Single Detached Dwelling at 31 Wilfong Drive (September 4, 2020) Existing Building containing Street Townhouse Dwellings at 8-16 Mitierra Drive (September 4, 2020) Building Comments: The Building Division has no objections to the proposed consent and variance. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: The property municipally addressed as 31 Wilfong Drive is designated under Part V of the Ontario Heritage Act and forms part of the Upper Doon Heritage Conservation District. Special Use Provision 187U of the City's Zoning By-law, which establishes a minimum lot area of 2,023 square metres, is applicable to the subject property. However, it has been established that the lot area of the subject property, which is significantly less than the minimum 2,023 square metres lot area, existed prior to the application of Zoning By-law Special Use Provision 187U, and had legal non -conforming status. Given that this is an existing situation within the Upper Doon Heritage Conservation District and the application is technical in nature to re-establish a lot line to correct a legal error, Heritage Planning staff has no concerns. Environmental Planning Comments: Recognizing that there is no new development lots being created, there are no environmental planning concerns. Engineering Comments: Engineering has no comments or concerns. Operations Comments: Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage (19.74m) at a land value of $9,200 per frontage meter. The total Park Dedication for this application is $7,700.40. Any change to the proposal for development may require a re -assessment of Park Dedication. RECOMMENDATION That minor variance application A2020-074 requesting permission reduction of lot width from 30.48 metres to 19.74 metres and reduction in lot area from 2023 square metres to 724 square metres, AS AMENDED be approved. That consent application B2020-038 requesting permission to sever a parcel of land municipally addressed as 31 Wilfong Drive having a width of 19.74m, a depth of 41.25m and an area of 724 sq.m. 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 provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $7,700.40. 4. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. Eric Schneider, MCIP, RPP Planner ' Xdo' c, 1.� Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 Region of Waterloo August 31, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 4) VAR KIT, KANCO 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 — 1283 Victoria Street North — No Concerns. 2) A 2020-046 — 221 Vanier Drive — No Concerns. 3) A 2020-047 — 6 Pequegnat Avenue — No Concerns. 4) A 2020-048 — 581 Strasburg Road — No Concerns. 5) A 2020-049 — 26 6th Avenue — No Concerns. 6) A 2020-050 — 598 604 608 Victoria Street South — No Concerns. 7) A 2020-051 — 14 Tweedsmuir Court — No Concerns. 8) A 2020-052 — 261 Woodbine Avenue — No Concerns. 9) A 2020-053 — 80 McGee Avenue — No Concerns. 10) A 2020-054 — 115 Parkvale Drive — No Concerns. 11) A 2020-055 — 61 Irvin Street — No Concerns. 12) A 2020-056 — 49 Lichty Crescent — No Concerns. Document Number: 3385841 V2 Page 1 of 2 13) A 2020-057 — 114 Blair Creek Drive — No Concerns. 14) A 2020-058 — 64 Grand Flats Trail — No Concerns. 15) A 2020-059 — 132 Wilhelm Street — No Concerns. 16) A 2020-060 — 36 Jacob Gingrich Drive — No Concerns. 17) A 2020-061 — 35 Sheldon Avenue North — No Concerns. 18) A 2020-062 — 6 Willow Green Court — No Concerns. 19) A 2020-063 — 353 Krug Street — No Concerns. 20) A 2020-064 — 193 Strange Street — No Concerns. 21) A 2020-065 — 192 Woolwich Street — No Concerns. 22) A 2020-066 — 110 Fergus Avenue — No Concerns. 23) A 2020-067 — 297 Ottawa Street South — No Concerns. 24) A 2020-068 — 175 Queen Street North — No Concerns. 25) A 2020-069 — 20 Hollybrook Trail — No Concerns. 26) A 2020-070 — 43 Hollybrook Trail — No Concerns. 27) A 2020-071 — 158 Pondcliffe Court — No Concerns. 28) A 2020-072 — 900 Pondcliffe Court — No Concerns. 29) A 2020-073 — 916 Pondcliffe Court — No Concerns. 30) A 2020-074 — 31 Wilfong Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, -z] , r;- Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 Fax: (519) 621-4884 E-mail:cfosterpengelly@grand river.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: September 4, 2020 YOUR FILE: B 2020-038 GRCA FILE: B 2020-038 RE: Application for Consent B2020-038 31 Wilfong Drive Elaine Wilfong GRCA COMMENT: The Grand River Conservation Authority (GRCA) has no objection to the approval of the consent application for the above noted property. BACKGROUND: 1. Resource Issues Information currently available at this office indicates that the subject lands contain regulated allowance of the floodplain associated with Doon Creek. A copy of our resource mapping is attached for your reference. 2. Legislative/Policy Requirements and Implications Due to the presence of the resource feature noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development on within the regulated area will require the prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. The application requests permission for a severance. Based on our review of the consent sketch (prepared by Dryden, Smith & Head Planning Consultants Ltd., dated April 28, 2020), we have no objection to the proposed severance. Please be advised that the proposed severance will result in a portion of both properties, 31 Wilfong Drive and 16 Mitierra Drive, falling within GRCA's regulated area. 3. Plan Review Fees In accordance with GRCA's 2020 Plan Review Fee Schedule, this application is considered a `minor' consent and the applicable plan review fee is $420.00. The applicant will be invoiced accordingly by copy of this correspondence. Page 1 of 2 We trust that this information is of assistance. If you have any questions or require additional information please contact the undersigned at 519-621-2763 ext. 2319 or cfosterpengelly@g rand river. ca. Sincerely, Chris Foster -Pengelly, M.Sc. Resource Planner Grand River Conservation Authority cc: Elaine Wilfong (email) Andrew Head, Dryden, Smith & Head Planning Consultants Ltd. (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 O a �z Q LL L S U L W a O N U Q cje O L �' C o, €3a�Q v OL � n� N U Q (7 �E.Q O� 6,2 Q �Q U C? U �j L Q a 30E _512 r`-v=�a C: .. �' Y a U � c? � wx� syY opo - rE vm� o o m o ° � m (� t -= s A CU o �? g 0 Q c? ���N Qe --o �m� L i d a) a) Q _ Q -O N E O E Q o_ w `o o - w 3 vIm /� L V N •L y (6 J>> (6 U .0 (6 O Q d Q U Q U d' Q O O O L C 0 N Q N N > r c 3 `w �" fn J > > (D N U N d' N N CD O N W (n W uL N - N - a - o O d' ` (DQ in Q in N N N N Q y � Y = = m U 6 n Q Q W W Q U) - N j (n O N .� (n O j O O F W N W W W ���� Uo mom ..�'-o a -= a w n y A_-� Q� o v o� � o 2d F � N '" ? 'm ��,=ave m M ,E �vw o U O u v',. S S v F v s Z :r�i�►IL.iI�� �Fr ■ Wim. -77- September 3, 2020 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: September 15, 2020 Committee of Adjustment Meeting Applications for Minor Variance As a reminder, the attached letter from Nancy Davy, Director of Resource Management was circulated to municipalities to indicate that GRCA staff do not have the capacity to review all minor variance applications at this time. If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B 2020-026 225 Fairway Road South B 2020-027 11 Chicopee Park Court B 2020-028 11 Chicopee Park Court B 2020-029 442 Old Chicopee Trail B 2020-030 58 Barbara Crescent B 2020-031 500 Karn Street B 2020-032 160 Strange Street B 2020-033 4 Westgate Walk B 2020-034 to B 2020-036 956. 958, 960, 962 Glasgow Street B 2020-037 1541 Highland Road West The above -noted consent 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 at 519-621-2763 ext. 2228 or aherreman(o-)-grandriver.ca. Sincerely, —-K erreman, Andrew HCPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand - A Canadian Heritage River Staff Repoil Development Services Department } I R www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 15, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Katie Anderl, Senior Planner — 519-741-2200 ext. 7987 WARD: 1 DATE OF REPORT: September 9, 2020 REPORT #: DSD -20-148 SUBJECT: Application No. CC2020-002 & CC2020-003 Address: 32 Forwell Road ,f_ox Applicant: IBI Group (c/o Dave Barrett) Owner: Gatekey Aggregates Summarized Recommendation: Approve E-111-: -.:T—M �4TE� .E.01 R6 ,tea e�Trr�R „gym, ,f_ox AOkE5 OF PARVJ-n4D QEBR:AT�N �.8ebl i.i ra A5 tfnl'EM�Fi RL AF4: '., PR6POMLO E3EPAWWN . � ti.88bK1 � I 36 MERIENM LL RU ffiTTLER EM T8 BE RETxPaW FWJFkb1.1E0 E.PM910N 3T Ps {92%rt+ t7.i9 h.31G� Figure 1: Severance Sketch associated with B2019-074 & B2019-075 *** 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: On January 21, 2020, the Committee of Adjustment conditionally approved Consent Applications 62019- 074 and B2019-075 for the lands municipally addressed as 32 Forwell Road. The purpose of the application was to permit Parcels A and B (as shown in Figure 1) to be conveyed as lot additions to 36 and 80 Centennial Road. Parcel C was contemplated to be dedicated to the City as parkland dedication and conditions of approval were included in the regard. The applicant has begun to fulfill the conditions and has raised concerns with the cost of completing the environmental works associated with clean up the parkland, prior to conveyance to the City. As such, the owner is seeking to change Condition 3 with respect to the approval of a draft reference plan, and Condition 8 with respect to parkland dedication. Planning and Parks staff has considered the request of Gatekey Aggregates and are of the opinion that Parcel C is the most appropriate location for the future extension of the Walter Bean Trail in order to facilitate a continuous off-street trail system in the future. The trail currently extends through Kolb Park and is routed along Centennial Road and Forwell Road. However, staff acknowledges that until such time as the balance of the retained lands is developed and additional lands are secured for the anticipated trail, the City will not be in a position to construct a trail extension. Staff also expects that additional environmental investigations including Record of Site Condition, Slope Stability Investigations etc. will be required to facilitate the dedication and to confirm constructability of a trail on the balance of the lands. Staff anticipates that there will be cost efficiencies in this work being completed comprehensively rather than in a piecemeal fashion. Until such time as the details of the trail and the preferred alignment through the retained lands are more fully explored, staff recommends the following: That an easement be granted to the City for a future trail on Parcel C. This will ensure the City has the right to construct a trail connection here without requiring that the lands be conveyed. That the owner enters into a Modified Subdivision Agreement which will permit the City to defer acceptance of parkland land associated with the lands to be severed, until such time as the retained lands are developed, and will obligate the Owner to contribute parkland or cash -in -lieu for these lands at that time. The City will also be granted the ability to Register a Transfer of Part 3 should the owner default on the agreement. Planning staff recommends that Condition 3 be deleted. A draft reference plan has been reviewed and approved and has been registered as 58R-20874, which shows the parts to be conveyed as lot additions to 36 Centennial Road and 80 Centennial Road, and Part 3 over which the easement for trail purposes is recommended. Planning staff further recommends that Condition 8 be amended, as outlined in the Recommendations section of this report. The requested change to conditions is minor in accordance with Section 53(26) of the Planning Act and no written notice is required or will be provided. RECOMMENDATION A. That the application of Gatekey Aggregates requesting permission to change conditions #3 and #8 of provisional consent for Consent Application B2019-074 be approved as follows: That existing Condition 3 be deleted; AND That existing Condition 8 be deleted and replaced with conditions 8 and 9 as follows: 8. That the Owner shall grant an easement to the City of Kitchener over Part 3 of 58R-20874 for the purpose of building, maintaining and operating a trail. 9. That the Owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands to be retained which shall include the following conditions, and shall submit the Acknowledgment and Direction identified therein: The Owner acknowledges that the City has agreed to defer accepting parkland dedication contribution (cash or land) associated with the creation of Parts 1 and 2, 58R-20874 (severed lands), until such time as a future development application has been received for the retained lands, to the satisfaction of the City's Director of Parks and Cemeteries. The Owner agrees that in addition to parkland dedication which may be required by the City as a result of development of the retained lands, to also contribute an amount representing the full and complete dedication for the severed lands, being Parts 1 and 2, 58R-20874. Parkland dedication associated with Parts 1 and 2 shall be calculated based on 2% of the area of Parts 1 and 2, 58R-20874 and shall be made by payment of the equivalent cash value or by dedication of another area of land which is mutually acceptable to both parties. The Owner shall deliver to the City, together with the executed copy of this Agreement, an undertaking to secure a release of any mortgages from title to Part 3, 58R-20864 at such time that the City determines the Owner to be in default of this registered agreement and when requested by the City to do so as well as an executed Acknowledgment and Direction to be prepared by the City Solicitor authorizing the City and its solicitor to electronically register a Transfer of title to Part 3, 58R-20874, in favour of the City, in the event of default by the Owner to fulfil the terms and provisions of this registered Agreement. B. That the application of Gatekey Aggregates requesting permission to change conditions #3 and #8 of provisional consent for Consent Applications B2019-075 be approved as follows: That existing Condition 3 be deleted; AND That existing Condition 8 be deleted and replaced with conditions 8 and 9 as follows: 8. That the Owner shall grant an easement to the City of Kitchener over Part 3 of 58R-20874 for the purpose of building, maintaining and operating a trail. 9. That the Owner shall enter into a Modified Subdivision Agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the lands to be retained which shall include the following conditions, and shall submit the Acknowledgment and Direction identified therein: The Owner acknowledges that the City has agreed to defer accepting parkland dedication contribution (cash or land) associated with the creation of Parts 1 and 2, 58R-20874 (severed lands), until such time as a future development application has been received for the retained lands, to the satisfaction of the City's Director of Parks and Cemeteries. The Owner agrees that in addition to parkland dedication which may be required by the City as a result of development of the retained lands, to also contribute an amount representing the full and complete dedication for the severed lands, being Parts 1 and 2, 58R-20874. Parkland dedication associated with Parts 1 and 2 shall be calculated based on 2% of the area of Parts 1 and 2, 58R-20874 and shall be made by payment of the equivalent cash value or by dedication of another area of land which is mutually acceptable to both parties. The Owner shall deliver to the City, together with the executed copy of this Agreement, an undertaking to secure a release of any mortgages from title to Part 3, 58R-20864 at such time that the City determines the Owner to be in default of this registered agreement and when requested by the City to do so as well as an executed Acknowledgment and Direction to be prepared by the City Solicitor authorizing the City and its solicitor to electronically register a Transfer of title to Part 3, 58R-20874, in favour of the City, in the event of default by the Owner to fulfil the terms and provisions of this registered Agreement. Katie Anderl, MCIP, RPP Senior Planner Attachment: • Decision B2019-074 • Decision B2019-075 Juliane von Westerholt, MCIP, RPP Senior Planner COMMITUEE OF ADJUSTMENT jam. THE CITY OF P ITCHENEH IN THE uArTER OF the spp llon tome Crimmittim VfAdjustmeml for Me C`-ito orf Kimcncr L* Applicants). GATEKEY AGGREGATES INC. Submis�iwn Nope 82-00-074 Thi matter having bccn heard an the 21 st day of dairy, 2020 and due No'lico of if h;qwing been given in acoordance with ft* Rtdes, of Procedure adopb6d by Wqis Committee, the CDmi-nit-Lee of AdjuatrnefA fcr City of Kitchener ha-mky rendes the folluwirg DECISION; That 1he arr.1kAllon ryf GATEIKEY AGGREGATES INC. reguesking pen 1 sl0n tp wver a pa�uel of land irle i:lifled as Parcel A on the severance sket& a ta--hed lb Qe-vWprnent !SeFviDBs Departrnenc report D SD -20-01 B having a width of epproximatcly 04m and an area of arpproximOr..ly 1 33112 la be coriveyed as a lot addifioh to the sd-hien propDrLy rreunicvallyr ;i:bridressed as 36 Centennial Ruud, on Parc. Lot 121, German Company Tract, 37 rorwell Road, Kiteherer. Ontario, BE APPROVED, s4rbieet to 1he fotl wirq cw0lom: I'hat the c riser sWII uhtell, a tax zehifizaie From the City cf taichener to wierify there aro no v,d- landing tax -as oe the skribied pfopertk to the satisfaction of aha, Oiler'% Revenue Oivnicn. 2. Thu# Ine otiwrier Ehell provide a digital fde of the depDFKed rgfwmncc plans) prepared by a" Ontario Land Surveyor ui PLIF and eifhaff .dwlj(AUL-312-3d) cw .dgn (Micro oation) fora -al ,3; ,SII ais Tom full aim pager r_.npies. of the planes). The digital rte + Gds to be 5&rni ted according t -a thr t>1V of Kitchenees Digital SvbmEs!;0 $twxjardR to the salisfauuCcil of IJ W, CitVr, Maoping TeehrroIcOist 1'hat the cwncr sh*1l eMpriP 1he draft reference plan shuwilig tiie proposed lot aiddrlicns and p rkland dedication {being Parool A. P=M B and Pard C gunc-rully aY 0Y.,Ygn on Me s erabr *W[Ch attached to Report DOD -20-01€3} t submitted and approved by kl�c Qi 1's Dirc-,,&or of Plarrning, in vomwuMlon wish ttie Oity's Director c4 P*rk$ and Cyenieieries. 1-liat the owr er shall agree to submit an Addondum to the SIS S1ata4L,tyr AaEear merYt prepared lav Chung :and VaTuSw Oxlcn Erigineering I -M. (dated November 1, 2010, and updated. December -2019) Io conriral Mat DDrxsAructio,n of a 141 within fhe 6 metre Erosion Acr ss AwrL anae, shovin -on 'Drawing 3, wotO nof impact the elope. 114 the saftf*dion -of the Grand River is crv;Rcion Authority_ 5. Thai the owner shall �nsufe the lands to be severed hr, added irr,the sburttin0 lands {beim 36 Geme nial Road) and We trc I;ikrri into denLeal ownership as the mtyu'tiN lands. The deed for erxlorserrent sh*1 include that any subs"ta-!�fit conweyrence of; the parcel to be severe shad comply with Sectirans 5000 artcUcr d6) of the Planning Wit, R.8 0. 1-9I , c. PA3, as amended 5 Ttat the gwwr`s solicitor shall provide a ltoea Undertaking co r isier an Applicaaton C.onsobMAke immed;aiely Following the �eqlMrMlan d the Severarnre Did and pfior to arry r applicable mortgages, and to pro -Me a copy of the registered Applicatibn CAnBciiidatian Parcels. to the City Safficitor within a r&as wmble time follo ing rejintraiion. hmigsion No..,20 T, That the c ner shall cnttr inn a Wdif ed Subdivision Agr+eern$nt with the City of Kilehener io be prinpwed by the C.iry Solicitor and regi�stored on tilt qr the eared and reWniad 1310 whiCh shall include the fcll�mdn� n3i idition: fi. That prior to i.nfliaiion pf :any bite develapr,aM works, grading cw imuencLe elf �, Wildwhg perrnil da Omer agrees to !;ubmd mrd reoelve approval of a Site Plan to the satisfaeiion of the Cltys Manager of Site Development and Customew $ermloe. wahloh v-zallects. at minimum, any oreposed charj$Ms 10 lot sixp andlor any propDs.ed changes is site operalion. That the awner shel! enkr into a f.`lM.fiPd .SubdM3ion Agreement with the DiLy of Knchoner t;a he pr ared by the City Wicitor and r-ugi!lerW on tate of the lams to to retat*-r which shall include lhcr folleming conddro^s (subject to any necessary armaindrrien% io parcel do-scriplion% bas–ed on deposited reference pla:n), And shall suWrl the better of Credit. and AckrtmYedgrn,unt and aifaolion identrOied therein: a. The mer shall agree that parkland dedication rogwirt'-irnt r.An for both Parcel A and Parcel D shall be fuIFilled by the dedication of parcel C to the City of Kitchener at nQ cov and free of encumbrances. The owner shall agree1.ha1 P -O f. - I C shall be de-dicated. to Zhu 04 upon sabsfaclory completion of a PAK x1 of Site Condition ared o+ eier*f ante with the ten- otf this registered Agreement. . Tho emTief shall deliver to theCky, togethervMh the exocuted copy of Vit Agr mord. a Lettor of Credal in thr Aniouril C4 $30,0011 ao, to the selidaction of the City Solicitor. to be held for urs by the Gid is ccmplcto a Rovard of 5iW, Cohditon shCriM one hfk bC r ple-l�d by the owner in aoeordar with the terms of this rEgislered Agrovront The yr shall agree to complete a Record of Site Cunddion by January 31 , 2W,2 for the lands to be dedicated. Should tht, Record of Ue, Condltlan.not be receNed to the sdtiS:aiCl on of the City Solicitor by January 31, 2022. the Cit{ Tray use the Left-er df Cnedrt to have a Record of -Ske Condition cod-noleteid. The CMV, Its eftiployms. agents or conifamors may, at the Cita sole o hon enter on the lands and sD cornpleta the Tequired marks to the Levant of the Monir5 received undw the Letter of C 4. The L -ed `r of Granit, or any portion of the Letter of Credit mt atharwise rent by the City to complete the squired works herein, shall r*,leaser) by the City when the required Record of Este Condition has been dated to 1he s.a6sfavien of the Citi{ oliaur d. The owner shall de4iver to too 04, t l f will) tl* executed copy of thl& Agreement, an exec led Acknowk3dgmant and Djr&e.tion to be preparied by the Ckyr 34licrtor authori the City and i% li,Jittir to e.6 x, onieally register a. Tramfer at tflle to the Unds 1i7 hp eiektated, In favau r of the City, in t eveni orf deifeuq by the MyWr tc cornplele the Racom of Sile Corditon and mnyay title to braid lands to, ft, City in accordance Ywilh the letms grid p%roMistons of this re-glateired AgmHanxirrL „tbmi eAon Ka.: L. 2019-071 � onrd#i It,s tEw_ tVr7.Or, rtcmlm-Lamrritbme thaL A plan efsubdMsian jh.6& 1•er Ifs pnararrd arckuty de -mm mmerd. til Itre ffluri�p it? The rrguirwaam a1 the Zmnp are beima riaai'dOP10 c', Ihr -FLx3-nrJ 64JE •GAJ U"BI r$tj@lnat! Ior.IL. The use CO 14 IsrK1 it Iha applpzaton oanforrns ID Irr-- Cit,, uer KNNFW l4h,lti opal I'Wi and Me, Rej CtmrA F,olrcres plan. IPursuant to Sectvrl 5U *T lj"* i3:pnrinq ✓C ail oral and wntten suhrnrs-ims were W'ie:clo gel and -aken hiLo ricmtri G* part & the C_rrrnitier s dt!cision•rrAkialg proles B, Ydhlr 'e”M. M. to Itt's SlItjr*t r apoiUUon Fn- ware rrfcrrrw.ra-r pleme ie,.iew be rneewfg rr:rsii•M wfilr:11 am. w arlable on :ne City's s%rb%h at yow.kilch , pur5L;m,11 Lu 5,rb dQri 41 rt *kxW UL all the Pon -ling M. the epplilXrnl" MH -Ra a E--rr Red -wndiIR7rrs wrnin am yea of ttie date of aidr,u rr11it:0, 01 itis &AK*ice, prrsuam t(� SJboectm 4S cd :max 0l wa of the Rlarr5N AcL Oe dec-M Xr ct thIq Cor+imlttee 1haP �p$� t.� xaar� horn the r� aI` ap�r�:a :reins ,l�iruery il, �. Signed of Ihe• Cily of 4'4 rw M 21%1 rmp of Jarnrary, 2MO. LAAI Date rar Appeal of Desisian: Fehru'eiyr 20, 2020 Dale 4f moing Nvilce of QocAmlan: J;3 morlr 31, 2020 1-3st0;3ta ftwFulFlling OQr+kr:liorre: Jimuory 31, 291 1. L MFMf3FR I Gur9 Fx thA fnrAgoing to Ia a true and rurtnt copy of ih,a Mv.Won a.... thfi O<+r+rlmItIAQ or Adjustment (Dr 1hO City OT KA404 W 6n th" abonre mmantionotil aspplicatlon. CI -Ai rrna aru rsr,soar r3asmtork�Trfrewrer D4AhmItbm 0 Adjustmamt fll IrTTE E OF ADA SrM N IO IT THE CITY OF K TCHENER 9N THE MATTER OF I.tm opptcahcn is dm f`ommitlee of AdlmG' ort for the cnvdrKb"nae, bw: Appllcanlilul: 0,ATEVEY" r= TES INC. %dr Walark wa.: B MIG -0T5 rhes rnatrler helm been risgo gn Ma 21 si day of JervaerK, 21120, dared[x+ ail Hesanng haur19 teen g6vn in acmdRnw wdh the Ruies cf PeoWrga salted by ma Unnmitmm, dm Dammeft of Adjuailirie+11 W Ow City of KAzhaner heRebar rerSdefEti the lop;h ing I : ThsW the appIkuban 6f GATEKEY AWREGATES INC. regLm!, v pda7th"On 10 S #*qf n parcel of land Id"W m Peroral 8 on the sameran .e 4ekh 00&wd On l3aWo mmrn Sarvrm Depwtrnent rwpart nD-2M10 Fa-riri.�j A o doh V ppproorla ely 118m and are area of rorvleLely 1099 9 lea be oarvrp;d as a W addmm 1a Ire prapeM nunidpmFy aidd as 80 GenbNinlral RDW. Qn Part L_al 121, German Garr" Tr2ck 32 Fmwel Rawl, K110oner. Dn4Ei+O. SE APpft{.' VEN vAjeci b IMq rolowtN oa-aditmns: Thai Ve rmyngr shad abtan a Lax oerffk&te Imm Lhe Cky or Kilcher b weedy the ane no autstmWing laraem bei lftl3 Mlkled prop$Ity to tl•& satlsiaatian of dice Ws Ptermnue 1}M60n. 2. Th -BL the wwr ssttiiL prffvde a deal file of did depe*W +@%ren0QVIPIXfsj prWared by an DnWM Lord -Suregmr ire PDF m -rd eilher .M jAuji�Gsdj err den {Mlerxazticn) fbFMA, as wail as twa full simd papef rauplee of de pkon(Q. the digtal file needs I!} he wbrhiUtd accurdiN L4 6% k 0 KWWMWs OgtaI 8uhmssian S4mndnr& to 1h& mUsTe n (W ft Diy,� Mowing Tath"c9st 3 That 1haL dwmr 00 9f sure the daft n4arrsnoe ply shnwinp the prtoosm Id $ddhi4nq drrtil Wklsnd a$ WIk3n *inga Parcel A, Parc 0 $red P'Cl -10 fl r-PlY a9 it•rAn on t1w "49rince 4ulcfr afiaclve+d ta ReW U3D-20-018) W sub mtled and apprund by the CWt ❑vectu cf PInnftiM, M >io#uU nn war taxa s 0ired ar a# Pa k5 erred DtmIsrrt: Thai Dmer- shall spm T& eubM9 :Rn A4^ndM to ME Slopa atabiitY AmE55mMl R-epzmd by Chun das'rd V:Bn4er npolan EMineeaing Ltd. �deted I+Iummber 1. 2015, dr'rd updated Dm n bBr 20'1!jj to cnhnn thad aansiructim cif a Ltii "hire LI* 0 nsWe Er00 Ac3:e Alk"nce. �hamn an Drawing a mro id mal irnped ft Vie. 4a 1he aadard,xnn of VW gr.pne Plewa-anserrAim Aulhcmily. B. That It&c)vmerghg1 wffumthe sandstffbe-mrml6d 6eldded Lo UW Si�attingWds{tongaft Centennial %adl tired title be L*6A iraLo i %n"l iarsfrQ os tl-m abutting la=rds. The dkwd far ernad3me nem ahal ineWs Mal nny sulxmqueot canu"mm df!M* Woel to W sisal cj3-"Iy *,ILh 543cw& !H1 J3 andibr {6-j of 0* Pimniird A€A, R SA 1W, q- P.13, as am de Thal the ammem Sol { *hall prmmlla a Sdirk3es Lrfdertai+irg i& f " Bn ApplGIRW Corrmliu&lion PwWEi FnwadlahSyfc4kW q the r*ieLr$Lia-m of Lhe !Fogran'* 0W and indar to dh nqw Qpplcabla ntart aqM and id prold@ a mpy pat tha regisiared flppicatim Cor&akiralion Parcels ba Ih+0 -Cily Salter wtthln a masanabla time fallawinQ+eveLtawn. jjl 1 r"rrn No L3 W1 (OpM'dF That the avrxr eFhtrl eMar a& a NMMW dUWw1glon ,grwmant wrth d -re Ci' of KZMFmnef it be p a 'by M CIlyr UV1Wr arxl ragislared on tm ml 1hm woered and nmairred Mates Atko SN i U)d r,icla tha roll owrIO ccc d bm: R That pvitr Lo iiiLlr3W q ang 4"Rlopfnttrri war:, gramng or isasmnae of m iruikliq pe rtt ihs owner agmes #a sLd3nh acrd rem+m appmrval d a Sto Plan W, IW Q®tiv%pn cd tha city mairiaw dr soe Deveiwmm sw awwer I , 4vlrl" raflec r., ad rririTnurrk, arty propneed tbatoari b4 W size �nf tr pny p r*d aharogna. Lo a0m. F; I hat H -e earner sthaII ruler inLo a MCd 8IhdISI0-11 AjY@~ WktI OW C" Cl KIISrw to be pwai d by bra CiLy MkAlor and reg%Wro gn 1rp4 ail &m 12nds ia. the nataimcl wrhir:h alial include the tcIl Wng renditicm tsUtIpat is any r cssary mmeridmanis toy parcel rAWpHv& bmad en dapoe tcd referemm plant°, and -.hull aLbfniL lite L ml& Of Cfedh, aftd AckrKwIeqlmem acrd Dmecficn kl nhGG th mirr. Tt%a aAvwr shall agree tial parkland dadioalian requk *terms for b31:h Parml A and, Parte 9 %hall be f,MIed by the de6e:96m If Fla" G to It'd Cny ol Kli,lih r Iib no arr K1 N* of enwnilx@nn *q The r �h4iI pgr4R Ig PRramI C 3haII be ditieiIlii to ft CAty ren naMin ctery ci3nplekn of a Acanrd D Shm C�ond<iim arrd in arm rda n m wvdh Hx temm of this rep i sieved AgmmmL b. Tie omw Opil dW"r to ihn City, legatherwrth the mmoutmd e3p}r of thm Agri+eemmnl; a Letter dr CTedh in ate amaunL dr IM,000.00, LO Lha iar39lion d 1he CiW Sdkftr, iia L& helil for um by LIw City Lo cot>i" a Reel or 80 -Colditn mak! one not N d lel@4 kyr the *%LT*r Irt pp xmrd4nDo w m the tonms qt ffm rag Irlered Agrearm nit C[_ The orprer shall agree to DDmp Wt- m Rem of S C4 ndbW lby J41n uqrfy 31- 2022 (at the I&Ida LIQ l dxl(;SbM. Ruud IN Ford OF 54e GOMObm n(A be NK010M to 1NO WW n cd al r., -CIt+y°i SalKrtar by Jam2rir 11. 2M. tha Cxy mmy Usa tha Lamar rf G red it Ga Faw a Raard of S k Co rxlibon Dorm leItedl. Tice C i ty, its ern p eva, aQerft or rOrw( rrs ftM, 81 Me U a sole eplion er!tr or Ifs len& rd so emVWIIB the +°fit kW woA @ to Vw wtW of M KKn" twwncl iu n0v r Rw WM r ot CrjW It, T h s Lotbw od Cmdt, or an* p3rbion of ffw Lir caf Cr; & erof ralhm ime " n t by dw Kitty tD aurnpleft rNuired wylsa herein. shell be ralaeaed by Its CRR wW Iii reQuM LR eowO of r7ft C and Ma n hra r txtn Dwnpkftd M H -ma sa h=rd on -of thpa c4ty s d Imar. The armw -Aall delhmr m the ICKy, lopt1w with exemLed wpyr of thin n mn emxk"d AdvvWedgnwiL and 4a b -e prepamd bV 1he Oky Soj@W auftflz ►j It* Iwlty end U 2Ilmmr to qty Wntar ® rnamiar of tHira io the I and !a tr} be d ad koied , in fa var of tare Ur, in titre ahem nt DI! defaru h by the mxrrer to aunplt4a Lhe Rjerard of Ske Uftaom and cnvayr Ville 10 e6d 'k Aa LIQ eta Ci5e i w ao�ordlanGe with km *qm M pr lana oil thla MlWreg Agreemerri. .jhrnusi;jn Na.. 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RC92, SIg9ed a dW Ott o Fiilche-rer Ihrs 2151 dz-f e4 daruaFY, 20 0. Last tate iDr Appoal 4A Damslan: Februwy 20, 2= Date of Maolirla-Iolicd of lAstln nn¢ Jtrruwy 31,2= Lada 11alr for FW11111ng GonidlUDES: Januar} 31. 2D21. OHAAR NEMBER MEMBER WMBER KMULR I certify the fvpv10ing 10 to 4 K* MO COFFact -copy of the Detl9lon apt tho Oomrmme,a or Millijimunt low Ow CWV mf Kftc-hamr in the ato4e mentioned �pllai�:gllon r CL.3.1 au ersr}a Socr5etary-Treasurer Oommid" of A<giig1mQru N14*4r 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 N213 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reglonofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT August 28, 2020 Re: Comments for Consent Applications B2020-027 to 62020- 038 and CC2020-002 to C2020-003 Committee of Adjustment Hearing September 15, 2020 CITY OF KITCHENER B2020-027 and B2020-028 11 Chicopee Park Court Dharmanand and Basmatie Anghad The owner/applicant is proposing a severance to create three residential lots. The application was previously brought forward as B2018-119 and B2018-120. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: Regional Staff note that the subject property is in close proximity to both Fairway Road and River Road. As a result, the owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound Document Number: 3387664 Version: 1 level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP). The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant is required to enter into an agreement with the Region of Waterloo to include the following noise warning clause be included in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road and River Road may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP). B2020-029 442 Old Chicopee Trail Ewa Munch and John Brodrecht The owner/applicant is proposing to demolish the existing dwelling and sever the existing oversized irregular lot into two separate buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that although the subject lands at 442 Old Chicopee Trail was excluded from the archaeological assessments completed for the surrounding developments, the majority of this parcel has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that a registered archaeological site is in very close proximity to the subject lands. Due to the proximity of registered archaeological resources the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. If it is determined that additional investigation and reporting of the archaeological resources is Document Number: 3387664 Version: 1 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 owner/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. Environmental Noise: The owner/applicant is advised that the subject lands are located within the Zoned Regulated Area of the Region of Waterloo International Airport, specifically the Outer Limit. As such, the dwelling occupants will be subject to presence and noise from flying aircraft. These lands will be subject to provisions of the Airport Zoning regulations. Regional Staff note that the subject lands are also located approximately 185 metres of Fairway Road North (RR#53) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." Document Number: 3387664 Version: 1 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Fairway Road (RR #53) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." 3) The owner/applicant must enter into an agreement with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the retained lands: "Purchasers/tenants are advised that this property is located within the Outer Limit of the Region of Waterloo International Airport. As such the dwelling occupants will be subject to presence and noise from the flying aircraft. These lands would be subject to provisions of the Airport Zoning regulations." :YKIYUKIKII 58 Barbara Crescrent Dragan Vujovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Document Number: 3387664 Version: 1 Environmental Noise: Regional Staff note the subject lands are located in close proximity of Conestoga Parkway (Highway 7/8) and may be impacted by transportation noise. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: Document Number: 3387664 Version: 1 "Purchasers/tenants are advised that sound levels due to increasing road traffic from Conestoga Parkway (Highway 7/8) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." B2020-031 500 Karn Street Cailin Pele The owner/applicant is proposing to remove the existing dwelling and garage and sever the lot into two separate buildable lots. This application was previously circulated as B2019-009 and lapsed before all conditions were fulfilled. Regional Fee: Regional Staff confirm receipt of the required consent review fee. The Region has no objection to the proposed application. B2020-032 160 Strange Street Richard and Erin Griesbaum The owner/applicant is proposing a severance to create two buildable residential lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Archaeological Assessment: Regional Staff acknowledge that the subject lands at 160 Strange Street has been disturbed, and will not require archaeological assessment. However, the owner/applicant should be aware that: • If archaeological resources are discovered during future development or site alteration of the subject property, the owner/applicant will need to immediately Document Number: 3387664 Version: 1 cease alteration/development and contact the Ministry of Heritage, Sport, Tourism and Culture Industries. 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 owner/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. Environmental Noise: Regional Staff note that the subject lands are approximately 137 metres from the CN Railway mainline and may be impacted by transportation noise in the vicinity. As a result, the owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a) The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b) The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: i. "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) The owner/applicant must enter into an agreement with the City of Kitchener to include the following noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the severed and retained lands: a. The dwelling will be installed with air ducted heating and ventilation suitable sized and designed for provision of central air conditioning system. b. The following Noise Warning Clauses will be included all Purchase/Sale and Rental agreement: "Purchasers/tenants are advised that sound levels due to increasing transportation noise in the vicinity may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOM and the Ministry of the Environment Conservation & Parks (MECP)." ii. "Purchasers/tenants are advised that "This unit has been designed with the provision of adding central air conditioning at the occupant' s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." iii. "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject thereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the Document Number: 3387664 Version: 1 vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 4 Westgate Walk Graham and Sandra Dare The owner/applicant is proposing a lot line adjustment to create a new lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-034 to B2020-036 956-962 Glasgow Street MHBC c/o Pierre Chauvin The subject lands currently have a 1 and half storey, 4 -unit street -front townhouse dwelling that is part of a standard condominium registered in July 1997. The existing owners of the condo wish to terminate the condo in accordance with Section 122 of the Condo Act. The purpose of the application is to sever the existing condo units into individual conveyable lots to terminate the condominium. No new development is proposed. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Environmental Noise: The subject lands are located approximately 90 metres from University Avenue West (RR#57) and 125 metres from Fischer -Hallman Road (RR#58) and may have impacts from traffic noise on these streets. Regional Staff acknowledge that there is no new proposed development. However, Regional Staff will require the owner/applicant to enter into an agreement with the Region of Waterloo to include the following noise warning clauses in all Offers of Document Number: 3387664 Version: 1 Purchase and Sale, lease/rental agreements for all existing dwellings on the proposed severed and retained lands: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMOW) and the Ministry of the Environment Conservation & Parks (MECP)." The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That the owner/applicant enter into a registered development agreement with the Region of Waterloo for all dwellings on the severed and retained lands to include the following warning clause in all agreements of Offers of Purchase and Sale, lease/rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic on University Avenue West (RR #57) and Fischer -Hallman Road (RR #58) may occasionally interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional Municipality of Waterloo (RMO M and the Ministry of the Environment Conservation & Parks (MECP)." :]KIN11KIkFl 1541 Highland Road West Mandur Enterprises Inc. The owner/applicant is proposing a sanitary easement for the adjacent property 1557 Highland Road West. Regional Staff have no objections to the proposed application. B2020-038 31 Wilfong Drive Elaine Wilfong The subject lands were merged in title upon death of spouse. The owner/applicant is proposing to sever the land to sell the property. Document Number: 3387664 Version: 1 Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. CC2020-002 and CC2020-003 32 Forwell Road Gatekey Aggregates The owner/applicant is proposing a Change of Conditions for consent applications B2019-074 and B2019-075. The original applications were to sever two parcels of land from 32 Forwell Road as lot additions to 20 and 36 Centennial Road and 80-88 Centennial Road. The Change of Condition application relate to the City of Kitchener Condition No.8 from the January 2020 decision related to a Record of Site Condition (RSC) for the parkland dedication. Given the timeframes for completing an RSC, the owner/applicant is proposing a `cash -in -lieu' of parkland dedication. Regional Staff have no objections to the proposed 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 19-037 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, r Matthew Colley, Planner Document Number: 3387664 Version: 1 Holly Dyson From: Andrew Herreman <aherreman@grandriver.ca> Sent: 03 September, 2020 3:54 PM To: Holly Dyson Cc: Chris Foster -Pengelly Subject: [EXTERNAL] GRCA Comments - September Committee of Adjustment Attachments: September 2020 - GRCA.pdf, GRCA Planning -Permit Program - COVID-19 Service Update May 2020.pdf Good afternoon Holly, Please find attached comments for the September C of A meeting. Please note that Chris will be following up with comments on B 2020-038 separately. Additionally, GRCA staff have no objection to the Change of Condition applications CC 2020-002 and CC 2020-003. Sincerely, Andrew Herreman, CPT I Resource Planning Technician Grand River Conservation Authority 400 Clyde Road, PO Box 729, Cambridge, Ontario N1 R 5W6 (519) 621-2763 x 2228 1 www.grandriver.ca