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HomeMy WebLinkAboutCA Agenda - 2021-01-19THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w 4_1NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 KITIC 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, January 19, 2021 commencing at 10:00 a.m. as an electronic meeting forthe 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 January 18, 2021. To register please email Dianna. Saunderson a(�.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 January 19, 2021, 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. FilUU4[NA910 RIM01:a►Til10101:ILTIA N/AL1[yWAL1111L01:ZK0106*1ALINr01Z411LUNS110119:1:8»AL1101101rLT"I A 2020-100 (Amended) - 9-11 Samuel Street Permission to convert the existing mixed-use building into a residential/Yoga Studio to allow Personal Services (Queen Street Yoga Studio) in a mixed commercial -residential building having a home business with a Gross Floor Area (GFA) of 170 sq.m. rather than the maximum permitted 50 sq.m.; having a maximum 12 off-site people (clients and/or off-site employee/business owner) to the property at one time, rather than the permitted maximum 1 employee and 3 clients; having 4 off-street parking spaces for the home business arranged in tandem in each of the two driveways, rather than the required 3 off-street parking spaces accessible independently; and, to legalize two driveways for the detached dwelling rather than the maximum 1 driveway. A 2021-001 - 630 Blair Creek Drive Permission to construct a sunroom in the rear yard of an existing single detached dwelling having a rear yard setback of 6.4m rather than the required 7.5m. A 2021-002 - 10 South Creek Drive Permission to construct a multi -residential stacked townhouse development having a parking rate of 1.15 off-street parking spaces/per-unit rather than the required 1.75 off-street/parking spaces per-unit. A 2021-003 - 45 Duke Street West Permission to construct a 21 -storey multi -residential development containing 127 -units having 12 off-street parking spaces rather than the required 71 off-street parking spaces; to permit 20% of the ground floor fagade openings rather than the required 50% of the ground floor fagade openings; and, to permit a Floor Space Ratio (FSR) of 10.35 rather than the maximum permitted FSR of 10.0. A 2021-004 - 109 Ottawa Street South Permission to add a "Private Club or Lodge" use to an existing multi -tenant warehouse/studio Zoned E1, whereas the By-law does not permit Private Club or Lodge use in a E1 Zone; and, to permit 13 off-street parking spaces rather than the required 26 off-street parking spaces. Pagel of 2 B 2021-001 - 57 Barbara Crescent Permission to sever a parcel of land having a width of 9.449m, a depth of 36.523m and an area of 345 sq.m. The retained land will have a width of 9.449m, a depth of 36.523m and an area of 345 sq.m. The existing dwelling will be demolished and new dwellings are intended to be constructed. B 2021-002 - 274 Shirley Avenue Permission to sever a triangle -shaped portion of land at the rear of the subject property having a width of 6.56m, a depth of 13.877m and an area of 44.1 sq. m. to be conveyed as a lot addition to the property municipality addressed as 300 Shirley Avenue; and, to partially discharge the mortgage on Part 4 on Reference Plan 58R-11313 to facilitate the lot addition. B 2021-003 - 124 Florence Avenue Permission to sever a parcel of land having a width of 9.91 m, a depth of 36.58m and an area of 362 sq.m. The retained land will have a width of 9.91 m, a depth of 36.58m and an area of 362 sq.m. The existing dwelling will be demolished and new duplex dwellings are intended to be constructed. • 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 holly. dysonCcb 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 31 st day of December 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 DECEMBER 31, 2020. Page 2 of 2 Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 11, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning) 519-741-2200 ext. 7844 WARD(S) INVOLVED: 10 DATE OF REPORT: January 13, 2021 REPORT NO.: DSD -21-010 SUBJECT: Minor Variance Application A2020-100 AMENDED 9 — 11 Samuel Street Owners — Jenn and Dan Givlin Applicant — Leena Miller RECOMMENDATION: That application A2020-100 requesting permission to use the former semi-detached dwelling as a single detached dwelling that did not exist in 1994, the date CR -1 was applied to the property, and further to permit the single detached dwelling to have an accessory home business (personal service/yoga studio): 1) with a gross floor area (GFA) of 170 sq.m. rather than the maximum permitted 50 sq.m.; 2) having a maximum of 12 off-site people (clients and/or off-site employee/business owner) to the property at one time, rather than the permitted maximum of one off-site employee and three clients; 3) having 4 off-street parking spaces for the home business arranged in tandem in each of the two driveways, rather than the required 3 off-street parking spaces accessible independently; and, 4) to legalize two driveways for the single detached dwelling rather than the maximum of one driveway; be approved, subject to the following conditions: 1. That a building permit is obtained from the Building Division; and, 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division. REPORT HIGHLIGHTS: The subject building was originally constructed as a semi-detached dwelling. Around 2008, the structure was converted to a single detached dwelling with an accessory home business (office). The new owners (Leena Miller and co-owner Leslie) are proposing to continue the use as a single detached dwelling but are intending to change the home business use to a yoga studio (personal service). Leslie *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. will live in the dwelling unit, and co-owner Leena will come from off-site to work in the studio. As well, one additional employee may attend classes on occasion. 12 OF BACKGROUND: U Location Map At A The property is designated as Low Density Commercial -Residential in the Central Frederick Neigbhourhood Secondary Plan and identified as Community Areas on the City's Urban Structure M ap. The property is zoned as CR -1, 114R and 128U in Zoning By-law 85-1 REPORT: 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: General Intent of the Official Plan The intent of the Low Density Commercial -Residential designation is to ensure that there is a range of residential and office uses in the neighbourhood. It also encourages `the conservation and continuance of the existing character and quality of the area'. Permitted residential uses include single detached dwellings and home businesses, such as personal services (yoga studios). The proposed variances meet the general intent of the Secondary Plan (Official Plan). General Intent of the Zoning By-law The intent of the regulations for a home business is to ensure that the use is accessory to the main residential dwelling. Regarding the variance to increase the home business' gross floor area, the change to a yoga studio is required, as more space is needed to conduct classes. As well, the 170 sq.m. includes a reception area, change rooms, washrooms, office space and an area for filming virtual yoga classes. Regarding the number of clients and off-site employees to the premises, this business is co -owned and one of the business' owners lives off-site. In addition, one employee may attend classes. The request for a total maximum of 12 off-site people permits a combination of off-site owner/one employee and clients. There may be several classes a day, mostly in the evening, and all clients come and go at the same time. The main consideration when evaluating the requested variance against the general intent of the zoning is if there sufficient parking for clients and this is addressed in the next point. It is noted that this neighbourhood is predominantly comprised of is a mixed low density commercial -residential designation and the increase in off-site attendance is in keeping with the intent of the density. Regarding the two parking variances, as noted previously, the property was originally developed with a semi-detached use and therefore the existing two driveways can accommodate up to a total of four to five vehicles. Also, all off-site attendees attending the classes will come and go at the same time. Therefore, tandem parking in both driveways works well. The business owner has advised that a large portion of her clients come from the downtown and central Frederick area and currently walk or bike to the existing yoga studio location at Queen and Charles Streets. This location at Samuel Street is closer to many clients for either walking or biking. Transportation Planning staff is in support of both parking variances. Based on the above comments for all the variances, staff is of the opinion that the variances meet the general intent of the zoning by-law. Are the Variances Minor? As noted above, the proposed accessory home business is in keeping with the commercial -residential character and density of the neighbourbood and the parking variances can be supported, as little to no negative impacts to the neighbourhood are anticipated. Staff is of the opinion that all the variances can be considered minor. Are the Variances Appropriate? This neighbourhood, with its commercial -residential zoning, is a most appropriate location for the proposed home business. It should also be noted that this site is located one property away from Frederick Street, which contains a variety of houses used for residential and office uses, as well as some personal service uses. Staff is of the opinion that the variances are appropriate. City Planning staff conducted a site inspection of the property on January 4, 2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use into a single with commercial space is obtained prior to construction. Please contact the Building Division @ build ing@kitchener.ca with any questions. Transportation Comments: Given the information provided about the business model, as well as the various transit options available in close proximity to the property, Transportation Services can support the proposed application. Heritage Comments: There are no cultural heritage issues or concerns with this application. However, the applicant is advised that the property municipally addressed as 9-11 Samuel Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape (CHL). 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 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. Engineering Comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Committee of Adjustment application A2020-100 was considered on November 17, 2020 and was deferred so that staff to consult further on the exact nature of the business and its required variances. Region of Waterloo December 22, 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 (2) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel Street — 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, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3504282 Page 1 of 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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 KriI IENER CommunityServicces Department www.kirchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment November 17, 2020 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 10 November 9, 2020 DSD -20-194 A 2020-100 — 9-11 Samuel Street Applicant: Leena Miller Owners — Jenn and Dan Givlin Recommendation: Deferral Photo 1: Aerial photo REPORT Planning Comments: The property is zoned CR -1, 114R, 128U in By-law 85-1 and designated as Low Density Commercial Residential in the Central Frederick Neighbourhood Plan. It is located on the west side of Samuel Street, south of Frederick Street. Staff visited the site on November 6, 2020. The applicant is requesting permission to: 1) allow a personal services use (yoga studio) in a building that has one dwelling unit rather than the required minimum of 20 dwelling units; 2) for the personal service to be 43% of the gross floor area of the building (175 sq. m. out of a total of 405 sq.m.) rather than the permitted maximum of 20% gross floor area of the building; and, 3) to have the required parking spaces for the personal service use to be located in tandem rather then accessible independently. Staff notes that after consultation with the applicant it is requested that this application be deferred to the January 2021 in order to provide staff with an opportunity for further review of the requested variances. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use into commercial space is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Given the nature of the business, Transportation Services does not have any concerns with the proposed tandem parking. There are on -street and paid parking options within approximately 200-300m walking distance to the subject property as well as transit options nearby. Consider bicycle racks or indoor storage area for customers to utilize. Heritage Planning Comments: There are no cultural heritage issues or concerns with this application. However, the applicant is advised that the property municipally addressed as 9-11 Samuel Street is located within the Central Frederick Neighbourhood Cultural Heritage Landscape (CHL). 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 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. Engineering Comments: Engineering has no comments or concerns. Environmental Planning Comments: No concerns. RECOMMENDATION: That application A 2020-100 requesting permission to allow personal services (yoga studio) in a building that has one dwelling unit rather than the required minimum of 20 dwelling units; to be 43% of the gross floor area (175 sq. m. out of a total of 405 sq.m.) rather than the permitted maximum of 20 percent of the gross floor area of the building; and to have the two required parking spaces for the yoga studio to be located in tandem rather then accessible independently; be deferred. Com, 1. • .� Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo October 28, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN 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 Dear Ms. Dyson: Re: Committee of Adjustment Applications October 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-087 — 380 Grand River Boulevard — No Concerns. 2) A 2020-088 — 339 Rosemount Drive — No Concerns. 3) A 2020-089 — 34 Dunham Avenue — No Concerns. 4) A 2020-090 — 305 Driftwood Drive — No Concerns. 5) A 2020-091 — 12 Rose Street — No Concerns. 6) A 2020-092 — 180 Grand Flats Trail — No Concerns. 7) A 2020-093 — 41 Valleybrook Drive — No Concerns. 8) A 2020-094 — 53 Valleybrook Drive — No Concerns. 9) A 2020-095 — 236 Woodhaven Road — No Concerns. 10) A 2020-096 — 919 Eaglecrest Court — No Concerns. 11) A 2020-097 — 923 Eaglecrest Court — No Concerns. 12) A 2020-098 — 928 Eaglecrest Court — No Concerns. Document Number: 3443296 Page 1 of 2 13) A 2020-099 — 80 Westwood Drive — No Concerns to the application. However, the applicants please be advised that any redevelopment application for any noise sensitive land use on these lands e.g. a Consent / Condominium would have impacts from the transportation (rail) noise in the vicinity. 14) A 2020-100 — 9 -11 Samuel Street — No Concerns. 15) A 2020-101 — 8 Devon Street — No Concerns. 16) A 2020-102 — 89 Water Street South — 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, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 November 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: November 17, 2020 Committee of Adjustment Meeting Applications for Minor Variance Via email only A 2020-080 335 Lancaster Street West A 2020-094 53 Valleybrook Drive A 2020-087 380 Grand River Boulevard A 2020-095 236 Woodhaven Road A 2020-088 339 Rosemount Drive A 2020-096 919 Eaglecrest Court A 2020-089 34 Dunham Avenue A 2020-097 923 Eaglecrest Court A 2020-090 305 Driftwood Drive A 2020-098 928 Eaglecrest Court A 2020-091 12 Rose Street A 2020-099 80 Westwood Drive A 2020-092 180 Grand Flats Trail A 2020-100 9-11 Samuel Street A 2020-093 41 Valleybrook Drive A 2020-101 8 Devon Street A 2020-102 89 Water Street South Applications for Consent B 2020-042 101-103 Schweitzer Street B 2020-043 440 Lancaster Street B 2020-044 956 Glasgow Street 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(a)grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of 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 ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: January 8, 2021 REPORT NO.: DSD -21-011 SUBJECT: Minor Variance Application A2021-001 630 Blair Creek Drive Owner — Carlo Sun Applicant - Shivani Khapare RECOMMENDATION: That minor variance application A2021-001 requesting permission to construct an attached sunroom in the rear of an existing single detached dwelling having a rear yard setback of 6.4 metres rather than the required 7.5 metres be approved REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow an attached sunroom addition in the rear yard to be located 6.4 metres from the rear lot line rather than the required 7.5 metre setback. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Subject Property ^y-*� 0 tit, -. WI Location Map: 630 Blair Creek Drive BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas on the City's Urban Structure Map. The property is zoned as Residential Four Zone (R-4) with Special Regulation Provision 405R in Zoning By-law 85-1. REPORT: 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: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The requested variance to reduce the rear yard setback from 7.5 metres to 6.4 metres meets the general intent of the Zoning By-law. The intent of the 7.5 metre setback is to provide adequate amenity space in the rear yard. The reduction of 1.1 metres from the required 7.5 metres is minor, as the proposed 6.4 metre rear yard setback will continue to provide sufficient amenity space in the rear yard. Is the Variance Minor? The reduction of the rear yard setback is considered minor. Staff is of the opinion that the requested variance will provide adequate amenity space and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced rear yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on December 18, 2020. - WANNOW.y a — Existing single detached dwelling at 630 Blair Creek Drive Building Comments: The Building Division has no objections to the sunroom is obtained prior to construction building@kitchener.ca with any questions. Transportation Services Comments: proposed variance provided building permit for the Please contact the Building Division @ Transportation Services have 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo December 22, 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 (2) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel Street — 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, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3504282 Page 1 of 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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 ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19th, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: January 81h, 2021 REPORT NO.: DSD -21-012 SUBJECT: Minor Variance Application A2021-002 10 South Creek Drive Owner — LVH Developments c/o Granite Homes Applicant— Emily Elliot, MHBC Planning RECOMMENDATION: That application A2021-002 requesting permission to permit a stacked townhouse development (Multiple Dwelling) with a parking ratio of 1.15 spaces per unit whereas a parking ratio of 1.75 spaces per unit is required, be approved be approved subject to the following conditions: 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That all conditions shall be completed prior to May 1St, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.2a) of the Zoning By-law to allow a minimum parking ratio of 1.15 spaces per unit; whereas 1.75 spaces per unit is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated as Medium Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Convenience Commercial Zone (C-1), with Special Use Provisions 363U and 466R in Zoning By-law 85-1. The applicant is proposing to create a 52 unit stacked townhouse development (Multiple Dwelling). The Special Use Provision 363U permits the use of the property for a Multiple Dwelling. As well, the lands are intended to be re -zoned RES -6 in the Comprehensive Review of the Zoning By-law when it comes into effect. REPORT: 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: General Intent of the Official Plan The subject property is designated Medium Rise Residential in the City's Official Plan, which contains a number of policies related to density in medium rise residential areas. The Medium Rise Residential land use designation accommodates a range of medium density housing types including townhouse dwellings in a cluster development and multiple dwellings. Staff is satisfied the requested variance will maintain the medium density character of the property and surrounding neighbourhood. Staff is further satisfied that urban design considerations will be addressed to ensure the development is compatible by designing the site so that the buildings are close to the front of the property, and the parking will be at the rear. Therefore, it is staff's opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the 1.75 spaces per unit parking requirement are 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 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. Is the Variance Minor? Staff is of the opinion that the requested variances are minor as the reduced parking rate will not present any significant impacts to adjacent properties or the overall neighbourhood. Is the Variance Appropriate? 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. City Planning staff conducted a site inspection of the property on January 6t", 2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Given that the proposed site will be in alignment with the parking regulation under the new zoning by-law (2019-051), Transportation Services can support the proposed reduction in parking under the current zoning by-law (85-1). Heritage Comments: Heritage Planning staff has no concerns with this application. Engineering Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter, as a formal Site Plan application has yet to be filed for this property. The applicant has provided a Concept Site Plan with this application for reference. "in Tp ha.ne / rownno�se Unit Corrxnan IGr � ®Ike Rock Conado Pc+- 9�pert... .. Landscaped _ ,--.___v_ - --yrour�d Waste 0 1 a, r,. 37 -m i a Concept Site Plan — 10 South Creek Drive Region of Waterloo December 22, 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 (2) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel Street — 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, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3504282 Page 1 of 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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 Hydro One Networks Inc. Facilities & Real Estate P.O. Box 4300 Markham, Ontario L3R 5Z5 www.HydroOne.com Courier: 185 Clegg Road Markham, Ontario LbG 1 B7 VIA E-MAIL ONLY TO holly.dyson(o-)-kitchener.ca January 8, 2021 Holly Dyson Administrative Clerk -Legislated Services City of Kitchener Attention: Holly Dyson Dear Holly Dyson: hyd rol�?' ne Re: Site Plan Application for permission to construct multi -residential stacked townhouse development 10 South Creek Drive Kitchener File: A 2021-002 Please be advised that Hydro One Networks Inc. ("HONI") has completed a preliminary review of the proposed plan of the above noted site plan application. As the subject property is abutting and/or encroaching onto a HONI high voltage transmission corridor (the "transmission corridor"), HONI does not approve of the proposed site plan application at this time, pending review and approval of the required information. The comments detailed herein do not constitute an endorsement of any element of the site plan design or road layout, nor do they grant any permission to access, use, proceed with works on, or in any way alter the transmission corridor lands, without the express written permission of HONI. Should the developer require any use of and/or access to the transmission corridor at any time, the developer must contact Lana Kegel, Real Estate Coordinator at 416-689-9974 in order to ensure all of HONI's technical requirements are met to its satisfaction, and acquire any applicable agreements. The following should be included in the Site Plan Agreement: Prior to HONI providing its final approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. 2. Any development in conjunction with the site plan must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. 3. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this site plan will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the site plan. 4. HONI's easement rights must be protected and maintained. In addition, HONI requires the following be conveyed to the developer as a precaution: 5. The transmission lines abutting the subject lands operate at either 500,000, 230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The safe vertical distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer's responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the safe vertical distance specified in the Act. All parties should also be aware that the conductors can raise and lower without warning, depending on the electrical load placed on the line. Our preliminary review only considers issues affecting HONI's transmission facilities and transmission corridor lands. For any proposals affecting distribution facilities (low voltage), the developer should consult the local distribution supplier. If you have any questions, please contact me at dennis.derango@hydroone.com or at 905-946-6237. Yours truly, Dennis De Rango Specialized Services Team Lead, Real Estate Hydro One Networks Inc. File: A 2021-002 Page 2 of 2 Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 11, 2021 REPORT NO.: DSD -21-013 SUBJECT: Minor Variance Application A2021-003 45 Duke Street West Owner - Aldo Di Battista (536357 Ontario Ltd.) Applicant — MHBC Planning RECOMMENDATION: 1. That application A2021-003 for 45 Duke Street West requesting relief from: Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures); Requesting relief from Section 14.3 (Fagade Openings) of the Zoning By-law to permit 20% ground floor fagade openings, whereas a minimum of 50% of ground floor fagade openings are required; and, Requesting relief from Section 14.3 (Maximum Floor Space Ratio, including bonusing) of the Zoning By-law to permit an FSR of 10.35, whereas the maximum permitted FSR with bonusing is 10.0 be approved subject to the following conditions: That the owner enters into an agreement with the City to be registered on title that acknowledges that parking will be rented/provided separately from the dwelling units. That bicycle parking be provided on-site for a total of 44 `Type A' secured spaces. REPORT HIGHLIGHTS: The application is requesting relief from: • Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures); • Requesting relief from Section 14.3 (Fagade Openings) of the Zoning By-law to permit 20% *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ground floor fagade openings, whereas a minimum of 50% of ground floor fagade openings are required; and, • Requesting relief from Section 14.3 (Maximum Floor Space Ratio, including bonusing) of the Zoning By-law to permit an FSR of 10.35, whereas the maximum permitted FSR with bonusing is 10.0 these variances are being sought to permit the site to be redeveloped with a 21 storey multiple residential tower containing 137 units. In doing so, the existing repurposed former residential building containing a pub will be demolished. Location M No Fi Lands 45 Duke Street West BACKGROUND: :�f 1 - tl�41�j The property is designated as City Centre District in the City's Official Plan and identified as being within the Urban Growth Centre on the City's Urban Structure Map. The property is zoned as Retail Core Zone (D-1) in Zoning By-law 85-1. REPORT: 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: General Intent of the Official Plan The subject lands are designated City Centre District in the Official Plan. The lands within the City Centre District are intended for intensification and are planned to accommodate a major share of the City's and Region's future population and employment growth. The redevelopment of the subject lands for a more intensive use of the lands in the form of a multiple dwelling containing 137 units within a 21 storey building helps to achieve this OP objective. This development, through its intensification of the site, will also support transit usage as this is located at City Hall transit stop. It is therefore staff's opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The subject lands are currently zoned Retail Core Zone (D-1) in By-law 85-1. The lands are not currently zoned within By-law 2019-051 as the downtown zones have not yet been applied within the Urban Growth Centre. The applicant has requested the following variances from regulations that apply to lands within a D-1 zone: • Requesting relief from Section 14.3 (Fagade Openings) of the Zoning By-law to permit 20% ground floor fagade openings, whereas a minimum of 50% of ground floor fagade openings are required; and, • Requesting relief from Section 14.3 (Maximum Floor Space Ratio, including bonusing) of the Zoning By-law to permit an FSR of 10.35, whereas the maximum permitted FSR with bonusing is 10.0 In addition, the applicant has requested relief form parking requirements as follows: Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures). Variance # 1 -Facade Openings The first variance is requesting a variance from Section 14.3 with respect to the size of the fagade openings. The applicant is seeking a reduction in the minimum required opening sizes from 50 % to approximately 20%. The intent of this regulation is to ensure that facades along prominent streets have sufficiently sized openings such as windows or man doors to avoid blank walls and to encourage eyes on the street as well as to animate the streetscape. The applicant has requested the reduction from 50% to 20 % for the frontage along Duke Street at the ground level. The subject lands are located on a narrow lot, which has necessitated that certain functional uses such as the entry way to the parking garage be located along Duke Street in order to provide vehicular access to ingress and egress the building. This regulation was applied to all of the D1 zone but was not further refined for less- prominent streets than King Street, such as Duke Street for instance. The interface along King Street, which is the main street in the core, does not encourage vehicular entrances from lining the building facades along the core streetscape. This streetscape differs from the interface along Duke Street somewhat, as Duke Street faces the LRT corridor. ( See image below) G G NORTH ELEVATION i ma SOLID AREA: 90.9 m2 (807.) GLAZED AREA: 22.5 m2 (20%) TOTAL GROUND FLOOR AREA: 113.4 m2 ® SOLID AREA MGLAZED AREA Also, the narrow lot, situated mid -block comprising the subject lands creates an additional challenge for the location of more "back of the house" uses such as parking garage doors. There are no other frontages from which the parking structure could be accessed from and therefore, the access has to come from Duke Street. This impacts the fagade along the ground floor and requires the reduction to the regulation to 20 % openings along the ground floor only. The site plan, which has received Approval- in -Principle on December 6t", 2019, shows the second storey of the podium with enough openings and/ or glazing to achieve the objective of not appearing like a blank wall, thus having little negative impact to the overall streetscape. The double height space above the lobby and recessed parking entrance brings the focus of the fagade to the animated glazing. A unique approach to loading access also allows for a multi -functional plaza in front of the building to emphasize the pedestrian realm. It is therefore, that staff supported the design of this building at the site plan stage conditional on the variances being approved. The entrance to the building will be completed with a passenger lay-by and drop off area. For these reasons, staff is of the opinion that the general intent of the Zoning by-law has been maintained. Variance #2- Increase in Floor Space Ratio The maximum Floor Space Ratio (FSR) within a D-1 zone is 2.0. Section 5.19 of the Zoning By-law 85- 1 permits bonusing up 4 times the lot area for the provision of residential units in the core and would be subject to a Section 37 agreement under the Planning Act. This would amount to a total FSR of 10. (the original 2.0 FSR plus the additional 4 X 2 (8) FSR for a total of 10 FSR. This would further have to be secured in a Section 37 Agreement. A Section 37 Agreement is a condition of the Site plan approval and will be required prior to final site plan and building permit issuance. The applicant has requested an additional FSR of 0.35, which results from the mechanical penthouse on the top storey. This is a very minor increase which has been supported throughout the site plan approval process and does not add any significant massing or negative impacts to the surrounding lands and is likely negligible from the public realm. For this reason, staff is of the opinion that the slight increase in FSR continues to meet the general intent of the zoning by-law. Variance #3 -Parking Reduction The applicant is seeking a third variance from Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures). In support of the application, the applicant completed a TDM checklist and incorporated appropriate TDM measures into the site design. The proposed multiple residential development would require a total of 88 vehicular parking spaces. The TDM measures provided as part of the proposed development include additional bicycle parking beyond the minimum requirements, as well as unbundled parking from the units. This means that alternative forms of transportation besides the automobile are encouraged through the provision of additional bicycle parking, the unbundling of the parking from the units, thus providing a choice for the consumer to purchase a parking space or not, can justify a further reduction in parking by 17 spaces, thus the minimumparking requirement for the proposed development is 71 spaces. The intent of this requirement is to ensure that there are sufficient parking spaces to support the proposed number of units and future residents of the development. The subject lands are located in the UGC and are right at a transit stop. In addition, although not yet applied to these lands, the new UGC zoning proposed for the downtown by By-law 2019-51, proposes parking regulations for with a minimum parking requirement of zero (0) spaces for a site such as this, which given its location along the LRT is considered appropriate. The proposed development will provide for a total of 12 vehicular parking spaces, with an additional 41 spaces to be provided in future phases of this development — for a total of 63 parking spaces at final build -out. As such, the proposed development will provide parking which exceeds the parking requirements for the contemplated UGC zone of zero spaces. In addition, a total of 45 bicycle parking spaces are proposed for this development, which greatly exceeds the minimum requirement of seven (7) bicycle parking spaces. The provision of bicycle parking spaces in excess of the minimum requirement is meant to compliment the transit -supportive location of the subject lands, which are also located within close proximity to a variety of public transportation options, including the ION LRT system, which will reduce future residents' dependence on personal vehicles. It is staff's opinion that the proposed development and the associated parking variance reduction proposed is transit -supportive and continues to meet the general intent of the zoning by-law. Is the Variance Minor? All three variances for fagade openings, parking reductions and increased floor space ratio are not anticipated to have any adverse impacts to the adjacent areas it is therefore that staff is of the opinion that all the variances are minor. Is the Variance Appropriate? Due to the site's location in the urban growth centre along the ION LRT route and the site's own size and mid -block locational constraints, as well as the minor nature of the three variance requests being sought, staff is of the opinion that the variances are appropriate for the orderly development of the subject lands. City Planning staff conducted a site inspection of the property on January 11, 2021. Subject property at 45 Duke Street West (adjacent to City Centre Phase 2 under construction) rte. View of subject property at 454 Duke Street facing east toward Ontario Street Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support the proposed reduction under the current zoning by-law (85-1) as the proposed site will be providing more parking than what will be required for this property under the new zoning by-law (2019-051), as well as several Transportation Demand Management (TDM) measures. Transportation Services can support the proposed parking reduction, subject to the following: 1. That the owner enters into an agreement with the City to be registered on title that acknowledges that parking will be rented/provided separately from the dwelling units. 2. That bicycle parking be provided on-site for a total of 44 `Type A' secured spaces. Heritage Comments: The subject property is adjacent to a protected heritage property designated under Part IV of the Ontario Heritage Act. A Heritage Impact Assessment was submitted as part of a complete Site Plan application for 45 Duke Street West and was approved by the Director of Planning in 2019. Heritage Planning staff has reviewed the proposed Minor Variance application seeking relief from parking requirements, fagade opening requirements, and FSR requirements and is of the opinion the attributes of the adjacent protected heritage property will not be impacted. In addition, the subject property is located within the Downtown 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. Based on the above, Heritage Planning staff has no issues or concerns with the proposed Minor Variance application. Engineering Comments: Engineering has no comments. Operations Comments: The site is located within the City of Kitchener Downtown Core Area and is currently exempt from parkland dedication. Environmental Planning Comments: No environmental planning concerns. Any requirements under the Tree Management Policy would have been addressed by the Urban Designer as part of the SPA. Region of Waterloo Comments: No concerns. GRCA Comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. A Site Plan application has been filed for this property and has received Approval in Principle on December 6th of 2019 and has been attached below for easy reference . to T' t S�J yry aal 11511\ IAI���P]PWIP Yl 3aoa ao�uYL3a o3rdoaux3daad11a3�+araa �I 0a ilg i� J� CL w WJ C� ILI 0 U) m W [ 7 Lx) Lf] qt- I C, ILL �• iJ � C::� x H tl Hj c W_ _HILL YP++IA3CI43J3aNCi:':- �al RILL i LLJ ' Ytl r �p lyl.Xi �i'P9 S J----- ED L --- S31DYS..11�1 � -- Fp — — — — — — — — — — — — — — —' — — — — — V yT CL i LU J7�M1IdSa+dd 3`.}43 L.1.P LU C3 � LU — �-., p�–� VI LU k�3,,1{L'1II [[3*L�WI p}k'7 m 1.7 �) Ic J — 1 nl y tli�n7 JJIt �JY% LLhe W J xdl3.a'q q o- rnA&-.g5311ND 107 3j I ~ . .+ . _. _ .., Lu 3aY 03d5r`Y�UN C 0 x+91 .la �Y. PJ 1, v URULAL= t'�-,7 3 } ¢ 331Jrta1N3 >•7lroa. Ytld17rJlld -�-' � V _ ,r, :aa i.. LL _ .SrF. U) S�J yry aal 11511\ IAI���P]PWIP Yl 3aoa ao�uYL3a o3rdoaux3daad11a3�+araa �I 0a ilg i� J� CL w WJ C� ILI 0 U) m W [ 7 Lx) Lf] qt- I C, ILL �• iJ � C::� x H tl W �ao W_ _HILL �al RILL i ' Ytl r �p lyl.Xi �i'P9 S S�J yry aal 11511\ IAI���P]PWIP Yl 3aoa ao�uYL3a o3rdoaux3daad11a3�+araa �I 0a ilg i� J� CL w WJ C� 0 U) m W [ 7 Lx) Lf] qt- Region of Waterloo December 22, 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 (2) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel Street — 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, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3504282 Page 1 of 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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 ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 9 DATE OF REPORT: January 13, 2021 REPORT NO.: DSD -21-014 SUBJECT: Minor Variance Application A2021-004 109 Ottawa Street South Owner — WM Fulton Holdings Ltd Applicant — Zakia Ahmed RECOMMENDATION: That application A2021-004 for permission to add a `private club or lodge' use to an existing multi -tenant warehouse/studio which is zoned E-1, whereas the By-law does not permit private club or lodge as a use in the E-1 zone; and, to permit 13 off-street parking spaces rather than the required 26 off-street parking spaces, be approved, subject to the following conditions: 1) An amendment to the Site Plan is approved by the Planning Division; 2) A building permit is obtained from the Building Division; 3) A Zoning (Occupancy) Certificate is obtained from the Planning Division. BACKGROUND: The property is designated as Open Space in the Mill Courtland Woodside Park Secondary Plan of the City's Official Plan and identified as Major Transit Station on the City's Urban Structure Map. The property is zoned as E-1 in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map REPORT: 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: General Intent of the Official Plan Regarding existing buildings and development in the E-1 zone, the intent of the Secondary Plan to is to permit all legally established uses that existed in 1994, when the zoning was applied to the lands. As well, alternate uses are permitted provided that the use is compatible with the surround land uses, no new dwelling units are created, and the use receives approval from the Grand River Conservation Authority. The proposed private club use is in keeping with the surrounding area which contains a variety of light industrial uses, offices and some residential. Prior to applying the E-1 zone, the lands were zoned was M-2 (General Industrial), which permitted the proposed use and is compatible with the existing uses in the building. The GRCA has advised that they have no concerns with the application. Additionally, Transportation Planning has no concerns with the parking variance. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the E-1 zone it regarding existing buildings is to ensure that legally existing uses may remain and that any changes are compatible with the neighbourhood and do not create a risk to life or property. The agent for the proposed tenant has advised: - The tenant will have a maximum of 2 employees. - The hours of operation are Friday (6 to 8 pm) and weekends (10 am to 4 pm). - The club will provide educational classes (permitted in the private club definition) and it is noted that 50% of the adults drive and the remainder use the bus and the LRT, which has a stop 200 metres from the property. There will also be drop off only for children. Other tenants in the building are KW Habilitation and Hanna Restaurant Supply, both of which do not require much parking. It is noted that the GRCA is in support of this variance. The second variance request is to reduce the parking requirement. As noted above, the existing and proposed uses combined do not generate a heavy parking demand. Also, there are bus routes and an LRT stop within a walkable distance. Transportation Planning is in support of the parking variance. Staff notes that the approved Site Plan, DP 183/87/AM (dated 1988), is not current, as there are three overhead doors and not two as shown on the plan. The applicant has submitted a draft update to the plan showing the three overhead doors and a total of 18 spaces (see below). However, not all of the proposed new spaces may function and staff is recommending that a condition of this variance be that an update to the Site Plan be reviewed and approved through a formal Site Plan application process. As part of the update, staff will consider the addition of on-site bicycle parking, which help towards making the site more accessible to people who choose not to drive. ~� I ©LLJ f Y 2 fA I j F'+H7SCMlVMC q �f r.se=sant Proposed updates to Site Plan As the use is compatible with the existing building and surrounding properties, and Transportation and Planning staff is supportive of the parking variance for the existing approved 13 spaces, staff is of the opinion that the general intent of the zoning by-law for both variances is maintained. Is the Variance Minor? As noted above, the proposed use is compatible with the building and surrounding area, and there is enough parking for the all the existing and proposed tenants in the building. Staff is of the opinion that the variances are minor. Is the Variance Appropriate? Staff is of the opinion that as the proposed use and the parking variances are both compatible with the area and supported by all interested City staff that the variances are appropriate. City Planning staff conducted a site inspection of the property on January 8, 2021. I ■ Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to the private club/lodge is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Given the information provided by the owner regarding the use of the units, and that the hours of operations for the units generally do not overlap, the parking utilization is not expected to be very high. The site is also approximately a 500 -metre walk from the closest ION station and is also close to bus routes. Transportation Services can support the application for the proposed 13 parking spaces. Engineering Comments: No comments. Environmental Planning: No natural heritage issues. It is noted that the property is in both the floodway and flood fringe of Schneider Creek. Grand River Conservation Authority Comments: The GRCA understands this land use does not involve overnight accommodation, and therefore has no concerns or additional comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo December 22, 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 (2) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel Street — 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, Joginder Bhatia Transportation Planner C (226) 753-0368 Document Number: 3504282 Page 1 of 1 Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Sheryl Rice Menezes City of Kitchener DATE: FILE: December 22, 2020 A2021-004 — 109 Ottawa Street South RE: Minor Variance Application A2021-004 109 Ottawa Street South WM Fulton Holdings GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Schneider Creek floodplain. 2. Legislative/Policy Requirements and Implications: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The application proposes to allow a private club use on the property. The GRCA understands this land use does not involve overnight accommodation, and therefore we have no concerns or additional requirements. 3. Review Fees: This application is considered a "minor" minor variance, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280. We will send an invoice to the applicant. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(agrandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority c. c. Zakia Ahmed Page 2 of 2 o Z ++ N (6 n 'L O .. w Q C'4 0 fB U Q ll� : o cu (7L Q Q 3`O E r`=v=Eo. L� U) w (D (D Q (D .0 Q o .� E o E Q° `ovoo -w 3 N Q o E a O o o r > o U L v - tA C? O ° o C? o w - C O o � m 0 m Q w Q in .( .( .( .� Q U '�/'� m m m -° (? 0) in Q Q I aoi °�' aoi ° � o w` w` w` w` N O o - v, o) o) o) w w Q U) (n O !n o O F N N N N o 010 �' �' �' O®®®® Q D- CN o, J J J J d N N a) U' F `w .. 0 •2 m `()a) N _ SU qoc Qn - n A F d' m c m E U m a O n X20.2 '^v'^ G U O u U S S v F v s Z t •- j �L O 0 " N N _ O s u� Aw 10 Y O i B N 4 R rn 0 r 0 ro 10 r� hT j� 4 r•. � j m 0 F Staff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: January 8, 2021 REPORT NO.: DSD -21-015 SUBJECT: Consent Application B2021-001 57 Barbara Crescent Owner: 2611601 Ontario Inc Applicant: Janelle Hale RECOMMENDATION: That Application B2021-001 requesting consent to sever a parcel of land having a width of 9.449 metres and an area of 354 m2 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 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 January 6, 2021 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 pays to the City of Kitchener a cash -in -lieu contribution for park dedication equal in the amount of $4,346.54 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. 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. That prior to final approval, 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 unit(s) must be installed with air -ducted heating and ventilation system, suitable sized and designed with provision of adding a central air conditioning. b) The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warning clauses on title: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii) "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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. REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two equal sized lots. Location Map: 57 Barbara Crescent REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and the applicant proposes to build 2 single detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings and semi- detached dwellings. Lot sizes vary in width, depth, and area in this neighborhood. 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 9.449 metres, depth of 36.523 metres, and an area of 345 square metres and the retained lot would have a frontage of 9.449 metres, a depth of 36.523 metres, and an area of 345 square metres. City Planning staff conducted a site inspection of the property on January 6, 2021. Existing single detached dwelling at 57 Barbara Crescent With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. I I ' LOT 18 I ' I I .M U— I yq r 1— bY+y[GiYh ^. ti[part f 2 Lands to be Z 5 Retained I� V -M iuld: in n in F=, W V Iffr 1 H 111M q7 ed kPe5:365 rn' 1,\ I � � I 7-W Mui. iY[fil I I' 1 29.05 fl`w ao y'T ry�f} L CT l G Proposed lot fabrics LO L[ 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): 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 detached dwelling and they installed a sprinkler system and direct to fire home monitoring. Fire can support the severance and building one house on each new lot as long as sprinkler systems are installed as well as direct to fire home monitoring. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. There is a City owned tree at the front of this lot. This tree can be addressed as part of the required Tree Preservation/Enhancement plan. Transportation Services Comments: Transportation Services will require funds to be dedicated to Engineering Services for a future 1.8m concrete sidewalk along the entire length of frontage of the severed portion of the original property (9.449m as noted on the submitted plan). 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 Niall Melanson (niall.melanson@kitchener.ca). • 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: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,346.54. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.449m) at a land value of $4,346.54 per frontage metre. 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 Water Services: Regional Staff advise that he subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Conestoga Parkway (Highway 7/8) and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (Highway 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels may exceed the sound level limits of the Regional of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " ii. "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 of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). " STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. 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 N2G 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 January 6, 2021 Re: Comments for Consent Applications B2021-001 to 62021- 003 Committee of Adjustment Hearing January 19, 2021 CITY OF KITCHENER B2021-001 57 Barbara Crescent 2611601 Ontario Inc. The owner/applicant is proposing a severance to create two lots. The existing dwelling will be demolished and a new dwelling will be built on each 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. Water Services: Regional Staff advise that he subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Conestoga Parkway (Highway 7/8) and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following Document Number: 3508860 Version: 1 noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." b. "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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 prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY Document Number: 3508860 Version: 1 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." *Q11PA QIIIN 274 Shirley Avenue 2155389 Ontario Inc. The owner/applicant is proposing a lot line adjustment to straighten the boundary line and square up the corner of the lot at 300 Shirley Avenue. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application. B2021-003 124 Florence Avenue Sam Antonops and Will Yohana The owner/applicant is proposing a severance and will demolish the existing dwelling to build two duplex dwellings on the new 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. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water Document Number: 3508860 Version: 1 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Airport Regulation: Regional Staff advise that there are no airport specific concerns for the subject application. However, the owner/applicant is advised that these lands are within 6 kilometres of the airport outer surface and are subject to Region of Waterloo Airport Zoning regulations. For any further information in this regard, please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. 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, MCIP, RPP Document Number: 3508860 Version: 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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 ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Stevenson, Garett, Senior Planner, 519-741-2200 ext. 7070 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: January 11, 2020 REPORT NO.: DSD -21-016 SUBJECT: Consent] Application B2021-002 247 Shirley Avenue Applicant - Bruce Stotesbury & Bryan Stotesbury Owner - 2155389 Ontario Inc. RECOMMENDATION: That Lot Addition Application B2021-002 for 247 Shirley Avenue to convey as a lot addition, a parcel of land that is 44.1 square metres (Part 4, 58R-11313) to 300 Shirley Avenue, 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 submit draft transfer documents to the satisfaction of the City Solicitor. 3. 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; and That a partial discharge (mortgage) for Instrument No. WR1306862, dated December 21, 2020, in favour of The Toronto -Dominion Bank, for lands legally described Part 4, 58R-11313, be granted; and further That a partial discharge (assignment of rents) for Instrument No. WR1306867, dated December 21, 2020, in favour of The Toronto -Dominion Bank, for lands legally described Part 4, 58R-11313, be granted. REPORT HIGHLIGHTS: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The application iorequesting h»sever Part 4ofReference Plan 5OR-11313from 274Shirley Avenue and transfer to 300 Shirley Avenue as a lot addition. The small triangular portion of land proposed to be severed is 44.1 square metres and is shown in red below. The application also seeks toallow partial discharge of charges and related assignments of rent for the subject lands. Severance Sketch Excerpt provided by the Applicant Location Map BACKGROUND: The lands are designated as Heavy Industrial Employment in the City's Official Plan and identified as Industrial Employment Area on the City's Urban Structure Map. The subject lands are zoned as Heavy Industrial Employment (EMP -3) in Zoning By-law 2019-051. REPORT: Planning Comments: Heavy Industrial uses are defined in accordance with Provincial Guidelines and generally refer to those characterized by large volumes of materials and products, truck traffic, and as being noxious due to vibration, noise, emissions or odour. In addition to these uses, the Official Plan permits a wide variety of industrial and prohibits the introduction of new uses which are incompatible with heavy industrial activities. The subject properties are identified as an Industrial Employment Area within the City's Urban Structure. The planned function of the Industrial Employment Areas is to support and maintain economic activity in the city by providing an adequate supply of land for a range of industrial -related employment uses and appropriate accessory and ancillary uses. The purpose of the Heavy Industrial Employment (EMP -3) zone is to accommodate industrial uses, including noxious uses, on lands that are separated from sensitive land uses. This zone also accommodates uses that require larger tracts of land for large buildings, materials, and/or products. 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 lot addition conforms to the City's Official Plan and will establish more appropriate lot lines that resemble the current use of both properties. The dimensions and shapes of the resulting lots are appropriate and suitable for continued use of the lands, and both lots will continue to front on an established public street, and each lot meets the minimum zoning requirements for size. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on December 29, 2020. I 1 R � �• I V • '� s uv �cr • SGgINKLEll SYSTEM$ f • PggACT19N SYSTEMS ��aos • sia� Purwas' SPFGrai UANc�NInE SGN TEMS 7 `Y aa� Photo of Subject Property Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services has no concerns with the proposed application Heritage Comments: There are no heritage planning concerns. Engineering Comments: Engineering has no comments or concerns. Operations Comments: Parkland dedication is not required for this application as no new developable lot has been created. Environmental Planning Comments: As no new development is being proposed environmental planning has no concerns. Grand River Conservation Authority Comments: 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. Region of Waterloo Comments: The owner/applicant is proposing a lot line adjustment to straighten the boundary line and square up the corner of the lot at 300 Shirley Avenue. Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. 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 N2G 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 January 6, 2021 Re: Comments for Consent Applications B2021-001 to 62021- 003 Committee of Adjustment Hearing January 19, 2021 CITY OF KITCHENER B2021-001 57 Barbara Crescent 2611601 Ontario Inc. The owner/applicant is proposing a severance to create two lots. The existing dwelling will be demolished and a new dwelling will be built on each 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. Water Services: Regional Staff advise that he subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Conestoga Parkway (Highway 7/8) and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following Document Number: 3508860 Version: 1 noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." b. "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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 prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY Document Number: 3508860 Version: 1 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." *Q11PA QIIIN 274 Shirley Avenue 2155389 Ontario Inc. The owner/applicant is proposing a lot line adjustment to straighten the boundary line and square up the corner of the lot at 300 Shirley Avenue. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application. B2021-003 124 Florence Avenue Sam Antonops and Will Yohana The owner/applicant is proposing a severance and will demolish the existing dwelling to build two duplex dwellings on the new 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. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water Document Number: 3508860 Version: 1 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Airport Regulation: Regional Staff advise that there are no airport specific concerns for the subject application. However, the owner/applicant is advised that these lands are within 6 kilometres of the airport outer surface and are subject to Region of Waterloo Airport Zoning regulations. For any further information in this regard, please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. 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, MCIP, RPP Document Number: 3508860 Version: 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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 ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: January 8, 2021 REPORT NO.: DSD -21-017 SUBJECT: Consent Application B2021-003 124 Florence Avenue Owner- 2780478 Ontario Inc Applicant: Mackenzie Streutker, Van Harten Surveying RECOMMENDATION: That application B2021-003 for consent to sever into two lots be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4558.60. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or 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. 4. 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. 5. 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. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. system to the satisfaction of the Director of Engineering Services. 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. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the Owner shall prepare a Tree Management Plan for both the severed and retained lands in accordance with the City's Tree Management policy, to be approved by the City's Director of Planning and where necessary, implemented prior to demolition or issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped areas and vegetation to be preserved. 10. 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 11. That the Owner obtains a demolition permit to the satisfaction of the Chief Building Official. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to create a lot by severing an existing lot into two equal sized lots. Location Map: 124 Florence Avenue REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property is proposed to be demolished and the applicant proposes to build 2 duplexes on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, townhouses and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots. Both the severed and retained lots would have a lot width of 9.91 metres, a depth of 36.58 metres, and an area of 362 square metres. Existing single detached dwelling at 124 Florence Avenue (December 23, 2020) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. LOT 81 LOT 80 LOT 79 I � I I I PARCEL A PARCEL B LANDS TO BE LANDS TO BE I SEVERED RETAINED cARAG.E 360 sq.m. 360 sq.m. PA 22S6.2 li W59 (a) i fir, 13UILDINC i 1 - . I TERED i PLAN I I �aewRb I I ' STORE E W I W #3 I„ I IM - I I W w f y.IB 9.9 FLORENCE AVENUE Proposed lot fabrics 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 cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Transportation Services has no concerns with the proposed application. Engineering Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Niall Melanson(niall.melanson(u-)-kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing all 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 new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: A cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $4,558.60. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (9.326m) at a land value of $9,200 per frontage meter. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter 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 N2G 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 January 6, 2021 Re: Comments for Consent Applications B2021-001 to 62021- 003 Committee of Adjustment Hearing January 19, 2021 CITY OF KITCHENER B2021-001 57 Barbara Crescent 2611601 Ontario Inc. The owner/applicant is proposing a severance to create two lots. The existing dwelling will be demolished and a new dwelling will be built on each 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. Water Services: Regional Staff advise that he subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Conestoga Parkway (Highway 7/8) and would be impacted from transportation noise from traffic on the highway. Regional Staff require the following Document Number: 3508860 Version: 1 noise attenuation measures be implemented through a registered agreement with the City of Kitchener, for both, the severed and the retained lands: 1) The dwelling unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. 2) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." b. "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." 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 prior to final approval, the owner/applicant enter into an agreement with the City of Kitchener to include the following noise mitigation/warning clauses in all Offers of Purchase and Sale, lease/rental agreements and condominium declarations for all dwellings on the severed and retained lands: a. The dwelling units(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding a central air conditioning. b. The dwelling unit(s) on the proposed severed and retained lands will be registered with the following noise warnings clauses on title: Purchaser/tenants are advised that sound levels due to increasing road traffic on King Street Bypass & Conestoga Parkway (HWY Document Number: 3508860 Version: 1 7/8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." ii. "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 Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)." *Q11PA QIIIN 274 Shirley Avenue 2155389 Ontario Inc. The owner/applicant is proposing a lot line adjustment to straighten the boundary line and square up the corner of the lot at 300 Shirley Avenue. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application. B2021-003 124 Florence Avenue Sam Antonops and Will Yohana The owner/applicant is proposing a severance and will demolish the existing dwelling to build two duplex dwellings on the new 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. Water Services: Regional Staff advise the subject property is located in Kitchener Zone 4 with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.9 mASL will require individual pressure reducing devices on each water Document Number: 3508860 Version: 1 service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Airport Regulation: Regional Staff advise that there are no airport specific concerns for the subject application. However, the owner/applicant is advised that these lands are within 6 kilometres of the airport outer surface and are subject to Region of Waterloo Airport Zoning regulations. For any further information in this regard, please contact Kevin Campbell, Project Manager, Airport Construction and Development at 519-648-2256 ext. 8511 or at KCampbell(a)-regionofwaterloo.ca 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. 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, MCIP, RPP Document Number: 3508860 Version: 1 January 8, 2021 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: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue 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 aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 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