Loading...
HomeMy WebLinkAboutCA Agenda - 2021-03-16COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA March 16, 2021 - 10:00 a.m. CONSENT APPLICATION: Submission No.: B 2020-047 Applicants: Michael Krause Property Location: 50 Brookside Crescent Legal Description: Part Blocks O & 87, Registered Plan 1334, being Parts 1 & 3 on Reference Plan 58R-20390 The Committee was advised the applicant is requesting permission to sever a parcel of land on the westerly edge of the property (future municipal address 52-54 Brookside Crescent), having an approximate width of 16.2m, a depth of 33.5m and an area of 542.7 sq.m. The retained land will be irregular in shape having an approximate width of 35m, a depth of 43.5m and an area of 1523 sq.m. The severed lot is intended for a semi-detached dwelling. THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 Kitchener ON N2G 4G7 Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2203 As amended and Ontario Regulations 197/96 and 200/96, as amended. CofA@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet electronically on TUESDAY, March 16, 2021 commencing at 10:00 a.m. as an electronic meeting for the purpose of hearing the following applications for Minor Variance and/or Consent. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may register to participate electronically as a delegation or submit comments for Committee consideration. Please note this electronic meeting is a public meeting and will be recorded. PLEASE NOTE: Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical distancing, City Hall is only open for select services. Members of the public are invited to watch in this meeting electronically by accessing the meeting live -stream video at kitchener. ca/watch now. Information on how you can participate or submit written comments for any matter on this agenda are provided below. HOW TO PARTICIPATE: ➢ All applications must be represented by an applicant or agent to be considered by the Committee. Please follow the registration information as listed below to confirm the most up-to-date contact information. As in-person meetings are not an option at this time, you can view or participate in a meeting as follows: • To participate you can register no later than 4:00 p.m. on Monday March 15, 2021. To register please email CofA(cDkitchener.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 March 16, 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. le1»4[NA910101.301:a►Ti110101:ILTIA N/AL1[yWAL1111L01:ZK001AALINr01Z411LUNS110119:I:8»AL110I101CYTT"I A 2021-010 - 51 David Street Permission for a proposed 6 -story multi -residential development to have relief from Special Provision 397U of the Zoning By-law to remove the use 'Private Club or Lodge', to allow a private club in the basement of the proposed development; and, to permit parking for the private club or lodge to have 0 off-street parking spaces rather than the required 1 off-street parking space per 23 sq. m. of Gross Floor Area (GFA). A 2021-011 - 55 Franklin Street South Permission to construct a mixed-use commercial/residential development containing four 6 -storey mixed - used buildings, each containing 64 residential units having a rear yard setback of 3m rather than the required 7.5m; a southerly interior side yard of 2.9m rather than the required 7.5m; having 155 off-street parking spaces rather than the required 293 off-street parking spaces; having 38 off-street parking spaces rather than the required 74 off-street parking spaces (10 Multi -Unit Spaces, 64 Dwelling unit Spaces); and, to permit 31 electric -vehicle (EV) ready spaces rather than the required 58 EV -ready spaces and 2 EV -spaces (specifically 52 EV -ready residential spaces; 6 EV -ready commercial spaces; and, 2 EV commercial spaces not in a building). A 2021-012 - 39 Crosby Drive Permission to construct a rear addition on an existing attached garage of a single detached dwelling with the proposed garage addition to have a westerly side yard setback of 0.9m rather than the required 1.2m. A 2021-013 - 2 Crosswinds Drive Permission to construct a single detached dwelling having a driveway located 7.94m from the intersection of Rivertrail Avenue and Crosswinds Drive rather than the required setback of 9m. Pagel of 3 A 2021-014 - 247 Lydia Street Permission to construct a 2 -storey addition in the rear yard of an existing single detached dwelling having an existing southerly side yard setback of 2.62m rather than the required 3m; and, an existing northerly side yard setback of 0.76m rather than the required 1.2m. A 2021-015 - 11 Ian Ormston Drive Permission to construct an addition in the rear yard of an existing single detached dwelling having a rear yard setback of 7.32m rather than the required 7.5m. A 2021-016 - 241 Simeon Street Permission to construct a 2 -storey addition in the rear yard of an existing single detached dwelling having an easterly side yard setback of 0.91 m rather than the required 1.2m. A 2021-017 - 90 Duchess Avenue Permission to construct a two-storey addition in the rear yard of an existing single detached dwelling having an existing side yard abutting Dunbar Road of 2.93m rather than the required 4.5m; a side yard of 2.61m abutting Dunbar Road for the existing garage rather than the required 6m; to legalize an existing lot width of 13.72m rather than the required 15m; and, for the length of the garage to be 5.39m rather than the required 5.49m. A 2021-018 - 130 Samuel Street Permission to demolish and reconstruct an existing 1 -storey garage in the rear yard of an existing single detached dwelling having a southerly side yard setback for the proposed garage of 0.203m rather than the required 0.6m; and, for the garage to have a maximum fascia height of 3.82m rather than the permitted maximum of 3m. A 2021-019 - 30 Waterbow Trail Permission to construct a single detached dwelling having a southerly side yard abutting Valleybrook Drive of 4.1m rather than the required 4.5m; and, a southerly side yard abutting Valleybrook Drive for a non - enclosed porch of 2.74m rather than the required 3m. A 2021-020 - 25 Margaret Avenue Permission to construct a carport in the rear of an existing single detached dwelling having an easterly side yard setback of 0.55m rather than the required 1.2m; and, to permit a driveway on a property with an attached carport to be Om from the side lot line rather than the required 0.6m. A 2021-021 - 331 Driftwood Drive Permission to convert an existing single detached dwelling into a duplex having the required off-street parking space located 2.72m from the front lot line rather than the required 6m. A 2021-022 - 4278 King Street East Permission to convert the existing building into a health clinic with 1,758 sq.m. Gross Floor Area (GFA) having 78 off-street parking spaces (1 space/22 sq. m.) rather than the required 92 off-street parking spaces (1 space/19 sq.m.). A 2021-023 - 1430 Highland Road West Permission to construct two additional multi -residential buildings "Buildings F & G" included in Site Plan Application SP20/077/H/TS, Building "F" being 12 -stories with 128 -units and Building "G" being 18 stories with 174 units having each dwelling unit located at ground floor level without an exclusive use patio area whereas the By-law requires ground floor units to have an exclusive use patio area adjacent to the unit with direct access; to permit a variance to By-law 85-1 for a minimum front yard setback of 4.5m, for that portion of a dwelling with a building height not exceeding 10.5m, with an additional setback of 1.5m being required for every additional portion of 3.Om of building height thereafter; and, a minimum setback of 12.75m shall be provided whereas 22.29m is required. B 2021-009 - 104 Fifth Avenue Permission to sever a parcel of land having a width of 10.059m, a depth of 40.38m and an area of 406.2 sq.m. The retained land will have a width of 10.058m, a depth of 40.38m and an area of 406.2 sq.m. Both parcels are intended for residential use. B 2021-010 - 54 Third Avenue Permission to sever a parcel of land having a width of 10.059m, a depth of 40.06m and an area of 402.8 sq.m. The retained land will have a width of 10.058m, a depth of 40.01m and an area of 402.5 sq.m. Both parcels are intended for residential use. Page 2 of 3 B 2021-011 - Fairway Road North, Woolner Trail and Old Zeller Drive (Vacant Land) Permission to sever a vacant irregular shaped parcel at the corner of Fairway Road North and Old Zeller Drive having a width on Old Zeller Drive of approximately 159.862m and an area of 6.92 hectares. The retained land will be irregular in shape approximately 10.5 hectares. The severed lot is proposed to be a new Catholic School site, the retained land will be open space. B 2021-012 - 140-142 Weichel Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 37.102m and an area of 276.79 sq. m. The retained land will have a width of 7.6m, a depth of 38.041 m and an area of 279.96 sq. m. B 2021-013 - 146-148 Weichel Street Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.6m, a depth of 38.041 m and an area of 283.44 sq. m. The retained land will have a width of 7.6m, a depth of 38.98m and an area of 286.91 sq.m. B 2021-014, A 2021-024 (Retained) & A 2021-025 (Severed) - 172 Windale Crescent Permission to sever a parcel of land so each half of a semi-detached residential dwelling can be dealt with separately. The severed land will have a width of 7.721 m, a depth of 26.138m and an area of 220 sq.m. The retained land will have a width of 8.429m, a depth of 26.10m and an area of 220 sq.m. Permission is also being requested for a minor variance on the severed land to permit a lot area of 220 sq. m. rather than the required 235 sq.m.; and, permission for a minor variance on the retained land to permit a lot area of 220 sq.m. rather than the required 235 sq.m. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2203). • 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 CofA@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 26th day of February, 2021. 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 FEBRUARY 26, 2021. Page 3 of 3 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 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 7 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-23 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner —Michael Krause Applicant - Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be approved subject to the following conditions: That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 3. That the Owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel in the amount of $7452.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.2m) at a land value of $9,200 per frontage meter. 4. The Owner shall enter 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 registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: 1. The Owner shall prepare a Tree Preservation/Enhancement Plan for the severed lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. include, among other matters, the identification of a proposed building envelope/work zone, landscaped area, and vegetation to be preserved. U. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: a) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. III. Prior to the Application for and Issuance of any Building Permits: a) The designating by-law shall be amended to reflect the new delineated property boundary. b) The Owner shall implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, prepared by CHC Limited, dated January 21, 2021 to the satisfaction of the City's Director of Planning. c) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, dated January 21, 2021 for approval by the City's Director of Planning. d) The Owner shall design and construct the dwellings in accordance with the approved plans, to the satisfaction of the City's Director of Planning. 5. That the Owner makes financial arrangements to the satisfaction of the City's Engineering Services Division for the installation of all new service connections and the removal of redundant services to the retained lands. 6. That the Owner make arrangements, financial or otherwise, for the relocation of any existing City -owned street furniture, signs, hydrants, utility poles, wires or lines, as required, to the satisfaction of the appropriate City department. 7. That the Owner provides a servicing plan, showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services for the retained lands. 8. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services for the retained lands. 9. That the Owner provides Engineering staff with confirmation that the basement elevation of the house can be drained by gravity to the street sewers, to the satisfaction of the Director of Engineering Services. Where this cannot be achieved, the owner is required to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street, at the cost of the Owner 10. That the owner/applicant submits the Regional consent review fee of $350.00 per new lot created. REPORT HIGHLIGHTS: The application is requesting to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Location Map 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 (R-4) in Zoning By-law 85-1. REPORT: Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The intent of the Low -Rise Residential land use designation is to permit low density residential uses. The property is developed with a single detached dwelling. Low density residential uses, including single detached, duplex, and semi-detached dwellings are permitted. The Official Plan supports an appropriate range, variety and mix of housing types and styles, densities, tenures and affordability to satisfy the varying housing needs of our community through all stages of life. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. A semi-detached dwelling is a permitted in the R-4 zone and no variances are required for the proposed development. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both the severed and retained lands can be serviced with independent and adequate service connections to municipal services. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on November 20, 2020. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed applications provided a qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. A separate building permit will be required for the removal of the addition to the retained house. A separate building permit will be required for the construction of the new residential building. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Should a severance be approved, additional services will be required for severed lot — a building permit will be required for this work. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. The submission and approval of a Heritage Impact Assessment (HIA) was made a requirement of the processing of Committee of Adjustment application B2018-025 in order to ensure that the proposed new lot had regard for and was consistent with Provincial, Regional, and Municipal policies relating to the conservation of cultural heritage resources. The HIA, prepared by CHC Limited and dated March 14, 2018, was approved by the Director of Planning in April 2018 following consultation with Heritage Kitchener. The HIA concludes that the original c. 1855 farmhouse with its summer kitchen wing is a heritage attribute of the property. The HIA concludes that the rural and agricultural context of the property has been lost and that views of the farmhouse from either direction are not long and wide, and do not form part of a terminating vista. Heritage Planning staff continues to agree with the conclusions of the HIA and it remains the opinion of Heritage Planning staff that the size of the lot is not a heritage attribute. The HIA recommends mitigative measures to address impacts to the streetscape and neighbourhood context. The HIA, prepared by CHC Limited and dated March 14, 2018, also outlines a potential future consent application to sever the western portion of the property. Consent application B2020-047 proposes to sever the western portion of the property. The HIA comes to the same conclusions and recommendations for the severance of the western portion of the property as it does for the eastern portion of the property. A Heritage Opinion letter, prepared by CHC Limited and dated October 26, 2020 has been submitted with consent application B2020-047. The Heritage Opinion details that the creation of semi-detached lots on the western portion of 50 Brookside Crescent will not create a negative impact to the heritage resource, so long as the recommendations of the HIA, prepared by CHC Limited and dated March 14, 2018 are adhered to. The Heritage Opinion letter goes on to reaffirm that the 201h century outbuildings and the additions, do not meet the criteria for designation under the Ontario Heritage Act and are not heritage attributes of the property. Consent application B2020-047 was deferred by the Committee of Adjustment to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. It provides additional evidence to support the conclusion that the detached stone garage is not original to the farm and was constructed sometime after 1955. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. The appropriate tools to continue conserving the farmhouse include implementation of the mitigative measures and recommendations of the updated HIA through conditions. The following consent conditions have been prepared to ensure the continued conservation of the farmhouse. Heritage Planning staff recommends the following conditions: The Owner shall enter 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 registered on title of the Retained and Severed lands. Said agreement shall include the following special conditions: The Owner shall prepare a Tree Preservation/Enhancement Plan for the Severed lot 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. Prior to Grading, Tree Removal, or Issuance of any Building Permits, whichever shall occur first: b) The Owner shall implement all approved measures for the protection of trees as approved in the Tree Preservation/Enhancement Plan (where applicable) and to provide written certification from the Owner's Environmental Consultant to the City's Director of Planning that all protection measures have been implemented and inspected, in accordance with the City's Tree Management Policy. No changes to the said plans shall be granted, except with prior approval from the City's Director of Planning. III. Prior to the Application for and Issuance of any Building Permits: e) The designating by-law shall be amended to reflect the new delineated property boundary. f) The Owner shall implement the mitigation measures, including front yard setback, building height, dwelling and garage design, materials, and colours, related to the proposed new dwelling on the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, prepared by CHC Limited, dated January 21, 2021 to the satisfaction of the City's Director of Planning. g) The Owner shall submit building elevation, building location, and lot grading drawings for the Severed lands in accordance with the approved Heritage Impact Assessment, prepared by CHC Limited, dated March 14, 2018, the Heritage Opinion letter, prepared by CHC Limited, dated October 26, 2020, and the updated Heritage Impact Assessment, dated January 21, 2021 for approval by the City's Director of Planning. h) The Owner shall design and construct the dwellings in accordance with the approved plans, to the satisfaction of the City's Director of Planning. 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. Where a storm sewer connection is not proposed alternative sump pump discharge arrangements should be made. The applicant is advised to have their Engineer locate and expose water and sanitary services to confirm they do exist, the size, and condition. 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 this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Trevor Jacobs (trevor.jacobs@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 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 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 a 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 new development lots will be created. The cash -in -lieu dedication required is $7,452.00. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (16.2m) at a land value of $9,200 per frontage metre. Environmental Planning Comments: A Tree Preservation/Enhancement Plan for the Severed lot is required 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. 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. CONSULT — Planning Staff received emails and a petition regarding the historical significance of the existing garage building. As noted in the Heritage Comments section above, Heritage Planning Staff required an updated HIA that provided additional evidence to support the conclusion that the detached stone garage is not original to the farm and was constructed sometime after 1955. The HIA was considered by Heritage Kitchener on March 2, 2021. PREVIOUS REPORTS/AUTHORITIES: On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Consent application B2018-025 was approved in 2018. Consent application B2020-047 was deferred by the Committee of Adjustment on December 8, 2020 and again on February 16, 2021 to allow time for the applicant to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. An updated HIA, prepared by CHC Limited and dated January 21, 2021 has been submitted to Heritage Planning staff. The HIA was considered by Heritage Kitchener on March 2, 2021. The only comment raised by the committee was their interest to ensure that new buildings would fit with the character of the neighbourhood. I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: February 16, 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 7 DATE OF REPORT: February 5, 2020 REPORT NO.: DSD -21-033 SUBJECT: Consent Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause RECOMMENDATION: That Application B2020-047 proposing to sever a lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres, be deferred to the March 16, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application is requesting to sever a new lot with a width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The Owner is proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to remain. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Severance Sketch Excerpt provided by the Applicant Location Map Z, p; 1.5 STUREY t -s sj[*Ey E5 Ij. Owl N WiX -,:�'E BROok SID, CFf-sCZ-N F SEVERANCE PROPOSAL sErr�+czs ren l ­,E TWO LQT5 52-54 131 WKSIDe CRESCERT. KITCHENER (P LS. 29 OCTOBER 202D) Severance Sketch Excerpt provided by the Applicant Location Map BACKGROUND: The subject property is designated Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The subject lands are zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. REPORT: Planning Comments: Planning Staff is recommending this application be deferred again to the March 16, 2021 Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. This additional deferral is proposed to allow time for Heritage Planning Staff to bring this application forward to Heritage Kitchener for discussion on March 2, 2021. City Planning staff conducted a site inspection of the property on November 20, 2020 Foreground - Existing Detached Garage proposed to be demolished Background — Existing Dwelling to be retained 50 Brookside Crescent 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: On December 8, 2020, the Committee of Adjustment deferred this application (82020-047) to the Committee of Adjustment meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Staff Report Ki ) Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Planner — 519-741-2200 ext. 7070 WARD: 7 DATE OF REPORT: November 30, 2020 REPORT NUMBER: DSD -20-212 SUBJECT: Application B2020-047 50 Brookside Crescent Owner/Applicant — Michael Krause Defer Subject Property: 50 Brookside Crescent Staff Depart Development Services Department Background: J KNA131ER wwwkitchener.ca On April 17, 2018, the Committee of Adjustment approved consent application B2018-025 to sever the easterly portion of 50 Brookside Crescent to create a new lot which has been recently developed with a duplex dwelling. Report: The Owner is now proposing to demolish the existing detached garage and sever the property to create a new lot for a semi-detached dwelling. The existing dwelling on the retained lands is proposed to be retained. The proposed severed lands have a lot width of 16.2 metres, a depth of 33.5 metres, and a lot area of 542.7 square metres. The retained lot is proposed to have a lot width of 30.4 metres (at the street line), a depth of approximately 43 metres and a lot area of approximately 1490 square metres. Planning Comments: The subject property is designated Low Rise Residential in the City's Official Plan and zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property municipally addressed as 50 Brookside Crescent is designated under Part IV of the Ontario Heritage Act. The designation of the property was made a condition of a previous consent application (82018-025) to sever the eastern portion of the property. Planning Staff is recommending this application be deferred to the February 16, 2021 meeting to allow additional time to investigate any cultural heritage value and/or significance of the detached garage structure that is proposed to be demolished. City Planning staff conducted a site inspection of the property on November 20, 2020. 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.regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/20 KIT November 26, 2020 Re: Comments for Consent Applications B2020-045 to 62020- 048 Committee of Adjustment Hearing December 8, 2020 CITY OF KITCHENER B2020-045 145 and 155 Ann Street Karen McKiel and William Finlay The owner/applicant is proposing to sever two adjacent part lots municipally known as 145 and 155 Ann Street. These properties merged on title previously and the owner/applicant wishes to sever the 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. The Region has no objection to the proposed application, subject to the following conditions: Document Number: 3474109 Version: 1 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-046 50 Fifth Avenue Amarjit Singh The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Water Services: Regional Staff advise that 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. Noise: The proposed severed and the retained lots are located within 200 metres of a high traffic & high speed King Street Bypass and within 500 metres of Conestoga Parkway (Highway 7/8) and would have impacts from transportation noise sources in the vicinity. 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: 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 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 Document Number: 3474109 Version: 1 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 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)." Document Number: 3474109 Version: 1 B2020-047 50 Brookside Crescent Michael Krause The owner/applicant is proposing a severance to permit a semi-detached dwelling. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2020-048 53 Candle Crescent William Shafer The owner/applicant is proposing an easement over a portion of 53 Candle Crescent in favour of part of 55 Candle Crescent to permit legal access to the rear yard. The Region has no objection to the proposed application. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley, Planner Document Number: 3474109 Version: 1 C>'(avid Rry c3 a 4 ��~yation Pj 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 November 26, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: December 8, 2020 Committee of Adjustment Meeting Applications for Minor Variance A 2020-103 840 Stirling Avenue South A 2020-104 114 Peach Blossom Crescent A 2020-105 39 Water Street North A 2020-106 1031 Victoria Street North A 2020-107 236 Margaret Avenue Applications for Consent B 2020-045 145-155 Ann Street B 2020-046 50 Fifth Avenue B 2020-047 50 Brookside Crescent B 2020-048 53 Candle Crescent 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-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 50 Brookside Crescent — Proposed Severance to Create 52/54 Brookside Crescent Petition Some of the residents of Brookside Crescent are concerned about what is happening with the property at 50 Brookside Crescent. We were not in the know about what was happening when the property was severed and a duplex constructed on the east side. Now, we are concerned about the severance of the lot and the construction of semis on the west side. We maintain that the detached garage should be part of the heritage designation that goes along with the farmhouse. This building used to be the smokehouse and is an original building. It was refurbished in the 70s, not constructed then. The coachhouse (at the back of the property) is not original and was constructed in the late 80s by the Madill family. We need to clarify the existing stone "storage" building (as per the plan) on the lot of the heritage home as it is currently being used as a rental unit. It is now occupied by a tenant. Is this compliant? Garett Stevenson from Planning is looking into this for us. As per the HIA, what outbuilding is being protected under the heritage designation along with the house and summer kitchen wing? Is it the storage building (coachhouse) that is to remain and the garage to be demolished? We think that is backwards as we know the coachhouse was built in the late 80s and the smokehouse/detached garage was an original structure. Unfortunately, there was no building permit obtained to build this. The owner at the time stated that to the owner of when he was building it. It is the detached garage out front that is original. Our question would be why would anyone build a smokehouse in the 70s in the middle of a subdivision? It was already there, and merely refurbished in the 70s. The City registrar says the- bought in 1972, but they were already there well before that. As per== bought the farm on April 1, 1956 from the-. I have the purchase offer to by Dutchman homes in 1964. Costain bought the property from Dutchman Homes before 1971." F F'ER TO PURCHASE r- t. �4i�'�ItR !' # lxjti6. dD #Mine Blvd— ltr - �,� .f4'bewe all r�rl .I- ,Jti7 ih. €allprtirlc*�att'rb4lA 6'{Iryr�tp':-- 7l iasuM rl5 tMa Ts.�asirlp aop,ala tram {ate brhnr�fY of lrriarlwat tlra3 Ot t54 grsa,, bea arr 1M. vw Laraaaa L26WS i3"t, ii awarrl to {€w rolia€arw [P zip #A415e ryt ftl f k* ars sMf ki�p ; 4tsy 9110 Ion of 4N Cawrt Water ar Wattao. la 61F%* 1n tim Xonw hip of %atorloo. ra ►+. . los* 4Fr-61r ecra or J.Wd _,n .Srlch 1 a a{luat� LM,o tara• (Orw ha�laa fiIcjs the 11 Lia 90L*iIM" daY dUjk'"A"rw, 1ha o+i@ i05_hXTy am►a Jvha1l '1jV" f"MLpp awl • €atura IrubM ro+ to iw &%w+w " + Flop of Ubddwl ri ah. •r tha grlcs of ( T � ICk M1 eA6 PIFM"1 ff{CLrWM -i+--- s� _.._�. {'MkSJ.I%�,:C{Gj +••••.•,•• �OtJt>IG :rolile{+Y ,i? i�d"w7+rMan'a.�4irl 4r -rte. 0+1ra le ala "t &wt .tn �► pp#adlk 'ti" iita t #ap€lt4 ftr"m prra of RkIa ifir" to.rl�riluala. qah. M. a71T p . L.• �■.AMM+ - i� X46 @19F�s�,i3 4,IgifiA t From "When they bought the farm in 1956, it was a standalone building as most smoke houses were. The original farm was much different than the pictures we have sent you - more like the old style farm buildings made of wood so smoke houses were always separate from that. The closest building to it was a driving shed and then the main barn past that. Unfortunately, there was a fire in the main barn caused by a tractor parked in there and being too hot. The main building and the drive shed were burned by the fire but not the smokehouse... because it was closer to the house. Ironic actually since it was a ''smokehouse''. - a• I alo :! it .` r 4 Top building — House, middle building — garage/driving shed, front building — barn. The driving shed was built onto the smokehouse. Above picture 1962, no coachhouse, but does show detached garage. I I m 4 a M U, r� a �s I 9R �crk sdlL Nr. MA Fr R�'1'.Mis{f.L4l+I F`d'ti it.i. til �{�Y .i RIR1�iR W #e21i' Y L cmrj{rw_ q L> J /�_ ., ...,. .....cuNurr. March 23, 1956 ;.pparanitl+r the eflt! tQ yof u tay theRTa family is supposed to be cg3rplat2d on the J n L 0t-►�riII L,tes r c, courser i z a Sunday so that it -will probably bL- a day ar t,wo later befare tt.a de�.l can ISe closed. in the aea.nt irc I Wn a x La werne�C f s©Li,itors shokri t�dus;uests that I ];v► rave fr€��3ia ans hen the dvul is t.ha amount that you Will i v$ to PaLy fru am mak3 alaaed. Yvu �Ight let. mo krtnw what ar n&amer-ts � to obt.air the martE-&ZQ MOneY .ter "s purpose. Yours truly. CUP31 r 5 1:1►61'1�ua r 11HEGn AL TIN, - sold to_ family in 1956. �5�p +�.rr,�. �ar��- �r-f�'t.. •/r:. „�.- R�. ,f.. r+. ,�� t-i�- /- /- ��' �•, �.. F' r Mid 1980's, angle from 58 Brookside clearly showing no coachhouse in the backyard of 50 Brookside From "Beside the house on the left hand side there is not a building in where we always had a large vegetable garden. Whatever building that is there now was put in after_ sold the house. The old smokehouse / garage is under the shed roof in front of the house to the left." If you have any questions, please contact any of the following. They lived at 50 Brookside Crescent. In the package that was received from Victoria Grohn, Planning, on page 2, it is stated at the bottom that "the owner has indicated that the proposed semi-detached units will be designed and constructed in a style and manner similar to the duplex residence being constructed now to ensure compatibility with the retained house lot and adjacent residential properties". We do not need another structure similar to the new build in the neighbourhood. The duplex is squished in beside the house next to it and sticks out further than the other houses on the street, impeding their sight lines. As we believe the current owner of 50 Brookside does not recognize the heritage or historical value, we need to preserve our street scape. In our opinion, the current new build diminishes the historical heritage of the farmhouse, does not enhance the character of the neighbourhood, and is not compatible with the other houses in the vicinity. The neighbour on the east side of the new build is very distressed about the style of the new build as it has hindered her sight lines and the height is also questionable... in the planning information the official plan designation is "low rise residential". If the new build is approved, how much input do the surrounding neighbours have on the style of the new build? We need to question the height, setback and building elevation of proposed new build, sufficient parking, etc. The proposed plan indicates a setback of 6.0 m (approx. 20 feet). 58 Brookside extends approx. 30 feet which means the new proposed build would extend 10 feet beyond, impeding sight lines at 58 Brookside. In the cHc letter dated October 26, 2020, it is recommended new construction be limited in height to 1 or 1 1/2 storeys. The current new build (under construction) is 2 stories as it is a duplex. The City of Kitchener Official Plan 3.4 notes "the City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form". Is this not contradictory to having similar type houses on the street? Additionally, in the original letter and copy letter from the Progressive Services Ltd. both dated October 29, 2020, there is a discrepancy regarding the zoning. The original letter indicates the proposed housing units will abide by the required setbacks under the R-5 zoning but the copy letter refers to the setbacks under R-4 zoning. The dimensions are the same for both zoning. In conclusion, we are asking that the Heritage Committee please reconsider the detached stone garage and grant it the same heritage designation as the farmhouse based on all of this information. We are requesting that 50 Brookside Cres be removed from the agenda of the Committee of Adjustment meeting that is currently scheduled for Tuesday December 8 while a possible heritage designation is revisited. Thank you, Concerned citizens of Brookside Crescent NO& IbI6 mh� 006= mm� 006��� I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 13, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: March 3, 2021 REPORT NO.: DSD -2021-12 SUBJECT: Minor Variance Application A2021-010 51 David Street Owner — 51 David Limited Partnership, Vive Development Corp. Applicant — P. Chauvin, MHBC RECOMMENDATION: That application A2021-010 for 51 David Street requesting to add Private Club and Lodge as a permitted use and further, to seek relief from Section 6.1.2 c) of By-law 85-1 to permit 0 parking spaces rather than the required one space per 30 square metres of floor area be refused. Report Highlights: The subject property is located at 51 David Street in the Victoria Park Neighbourhood. Situated on the east side of David Street midblock between Joseph Street and Courtland Avenue West, this vacant parcel of land measures 0.097 ha in area and is the last remaining parcel to be developed along this section of David Street. Surrounding land uses include open space (Victoria Park) to the west and medium to high density multiple residential to the north, south and east. The subject property is designated Mixed Use in the Urban Growth Centre, zoned High Intensity Mixed Use (MU - 3) with Site Specific Use Provision (397U) and Special Regulation Provision (507R) of By-law 85-1. The owner is proposing to re -develop the property with a six -storey step -backed condominium apartment building as illustrated below. Site plan approval has been granted and the owner is seeking a building permit to commence construction in Q1 2021. The applicant wishes to establish a `flex' space in the basement that will be offered to the public through a membership. The applicant is requesting a minor variance to establish a use of Private Club and Lodge to be located in the basement of the building and is seeking a parking variance for that use and requesting 0 spaces instead of 1 space per 30 square metres as required by the by-law for the private club and lodge use. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. go ITT`- A� j".Al., ACOMpIrrTIE OFACLW5TMEtff APPLICATION HAS 8E04 Rx"WED FOR L ITT`- A� Background: Planning Comments: Section 45(1) of the Planning Act provides the Committee of Adjustment power to grant minor variances from the provisions of Zoning By-aw or Interim Control By-law, in respect of land, building or structure or the use thereof, subject to the satisfaction of the `four tests'. The four tests are: 1. whether the variance maintains the intent of the Official Plan, 2. whether the variance maintains the intent of the Zoning By-law, 3. whether the variance is desirable for the appropriate development and use of the land, and 4. whether the variance is minor. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: 1. Is the general intent of the Official Plan maintained? The Official Plan indicates that the subject lands are designated `Mixed Use Corridor' with a Special Policy. Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors. These corridors are primarily intended to serve the adjacent residential neighbourhoods as employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. A site-specific policy referenced in policy 15.D.2.66 places limitations regarding the development and use of lands along David Street. It notes that notwithstanding the Mixed -Use land use designation, the redevelopment of lands to a depth of 30 metres from the David Street line will be limited in height. Furthermore, commercial uses will be permitted only on the easterly half of the block bounded by Joseph Street, Queen Street South, Courtland Avenue and David Street. The intent of 15.D.2.66 is to restrict commercial activity along David Street. Staff acknowledges the owner's desire to activate the basement space and staff does not see an issue in programming it as such, provided it is used by the owners and guests of the condo. However, it is staff's understanding the owner intends to have the space used by the public at large - by offering a membership to a private club - and hence the commercialization of the space. The policy states that commercial activities are only permitted on the east side of the block excluding these lands. As such, it is staff's opinion the general intent f the Official Plan is not being maintained. 2. Does the variance maintain the general intent and purpose of the Zoning By-law? A use requested through minor variance can be contemplated when the use in question is neither permitted nor prohibited in the zoning and can be considered complimentary and/or similar to other permitted uses. That is not the case here. The intent of the zoning by-law and specifically 379U is to prohibit uses such as personal services, restaurant, private club and lodge and a host of other commercial and retail activities affecting this property. The applicant's request to remove private club and lodge from the list of prohibited uses and then add it as a permitted use would therefore not meet the general intent of the zoning by-law as the use is clearly prohibited in 379U. 3. and 4. Is the Variance minor and is it appropriate for the use of land? In the opinion of staff, a variance to add private club and lodge together with the parking variance related to the use in question, is not minor and not appropriate for the use of land since Site Specific Regulation 379U clearly prohibits the use. Should the Committee wish to approve the applicant's request, then staff would ask for the following conditions of approval: 1. That the owner obtains site plan approval for the flex space in the basement to the satisfaction of the Director of Planning by June 1, 2021. 2. That the owner receives a building permit for the flex space. 3. That the owner obtains an Occupancy Permit. 4. That the owner addresses the additional parking demand through an update to the TDM plan to the satisfaction of the Director of Transportation Planning. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the "flex space" is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support a proposed reduced rate of parking for the proposed private club or lodge space given the proximity to transit, active transportation connections and available paid parking options in the immediate area of the property. However, Transportation Services would require a condition of approval to ensure that there is available bicycle parking available to the employees and users of the proposed `flex' space. Engineering Comments: No comments. Heritage Comments: The property municipally addressed as 51 David Street is located within the Victoria Park Area Heritage Conservation District and designated under Part V of the Ontario Heritage Act. A Site Plan to permit a 6 -storey, stepped -back apartment building has been approved. The proposed variances are seeking to permit a private commercial space and request relief for a reduction in parking. Given that no changes to the building footprint or exterior of the building are proposed, there are no cultural heritage planning issues or concerns with the proposed minor variance application. Environmental Planning Comments: No comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign 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. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: None February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-14 SUBJECT: A2021-011 — 55 Franklin Street South Owner: 55 Franklin GP Inc. Approve Subject to Conditions RECOMMENDATION: 1) That Minor Variance Application A2021-011, for 55 Franklin Street South, requesting the following relief from By-law 2019-051, in order to facilitate redevelopment of the property with mixed use development: a) Requesting relief from Section 9.3 to allow an interior side yard setback abutting a residential zone of 2.9m, whereas a minimum of 7.5m is required, b) Requesting relief from Section 9.3 to allow a rear yard setback of 3.0m, whereas a minimum of 7.5m is required (note this is the setback from Eighth Ave), c) Requesting relief from Section 5.6 to provide 155 on-site parking spaces, whereas a minimum of 293 spaces is required, for all development phases, d) Requesting relief from Section 5.6 to provide 38 spaces, whereas a minimum of 74 spaces is required, for the first development phase, and e) Requesting relief from Sections 5.8a) and 5.8b) to provide 31 Electric Vehicle -ready spaces, whereas 58 Electric Vehicle -ready spaces and 2 Electric Vehicle spaces are required, be approved, subject to the following conditions: 1) That this variance approval shall apply only to development approved through Site Plan Application SP20/075/F/AP, to the satisfaction of the City's Manager of Site Development and Customer Service, 2) That the parking spaces for Variances c), d) and e) shall be shared between the residential uses and the non-residential uses, to the satisfaction of Transportation Services, and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3) That the owner shall enter into an agreement with the City of Kitchener, to be registered on title, to the satisfaction of the City Solicitor and Director of Transportation Services, that includes the following: a. That vehicle parking spaces will be rented to residents separately from dwelling units, and b. That there will be a total of 132 secured, long-term bicycle spaces provided on-site to be shared between the residential and commercial uses/units. REPORT HIGHLIGHTS: • The purpose of this report is to recommend conditional approval of minor variances to facilitate redevelopment of the subject lands with mixed use development, including affordable housing. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward in order to facilitate redevelopment proposed through Site Plan Application SP20/075/F/AP. Figure 1. Aerial Photo of Subject Property, in Context Figure 2. View of subject property from Franklin Street South REPORT: The subject property is located between Eighth Avenue and Franklin Street South, south of Kingsway Drive, in the Vanier Planning Community. The property contains a vacant commercial / industrial building. The neighoubrhood contains a diverse mix of uses. A 9 - storey apartment building is located immediately to the south and a multi -tenant commercial building is located to the north. Dare Foods operates a manufacturing facility on the opposite side of Eighth Avenue. Low density residential uses are located on the opposite side of Franklin Street. The property is designated Commercial (within an Urban Corridor) in the Official Plan and zoned COM -2 in By-law 2019-051 (the property is no longer subject to By- law 85-1). City Planning staff conducted a site inspection of the property on February 26, 2021. Through Site Plan Application SP20/075/F/AP, submitted in December 2020, the owner is proposing to demolish the existing building and construct four 6 -storey mixed use buildings, each containing 318 square metres of ground floor commercial space and 64 affordable dwelling units, for a total of 1,272 square metres of commercial space and 256 affordable dwelling units. An amenity area and a parking structure are proposed to be located internal to the site. Parking would be accommodated via a mix of surface parking and structured parking (see proposed Site Plan drawing, attached). The applicant is requesting the following relief from By-law 2019-051, in order to facilitate the aforementioned development: a) Requesting relief from Section 9.3 to allow an interior side yard setback abutting a residential zone of 2.9m, whereas a minimum of 7.5m is required (note this is the south side yard setback, adjacent to the existing apartment building), b) Requesting relief from Section 9.3 to allow a rear yard setback of 3.0m, whereas a minimum of 7.5m is required (note this is the setback from Eighth Ave), c) Requesting relief from Section 5.6 to provide 155 on-site parking spaces, whereas a minimum of 293 spaces is required, for all development phases, d) Requesting relief from Section 5.6 to provide 38 spaces, whereas a minimum of 74 spaces is required, for the first development phase, and e) Requesting relief from Sections 5.8a) and 5.8b) to provide 31 Electric Vehicle -ready spaces, whereas 58 Electric Vehicle -ready spaces and 2 Electric Vehicle spaces are required. To clarify the above parking variances, parking requirements for the proposed development are calculated as follows (By-law 2019-051): • Variance c) (all development phases): o Parking for multiple dwellings: 1.0 spaces x 256 units = 256 spaces o Multi -unit (non-residential) parking: 1,272 m2 / 35 = 36.3 (37) spaces o Total parking required: 256 + 37 = 293 spaces • Variance d) (first development phase only): o Parking for multiple dwellings: 1.0 spaces x 64 units = 64 spaces o Multi -unit (non-residential uses): 318 m2 / 35 = 9.08 (10) spaces o Total parking required: 64 + 10 = 74 spaces • Variance d) (all development phases): o Required EV -ready spaces: ■ EV -ready spaces for multiple dwellings [s. 5.8a)]: 256 multiple dwelling parking spaces x 20% = 51.2 (52) EV -ready spaces ■ EV -ready spaces for non-residential uses (not located in a building) [s. 5.8b)]: 1,272 sq.m. of non-residential space requires 37 parking spaces [1,272 m2 / 35 (multi -unit rate) = 36.3, therefore, 37]. 37 x 15% = 5.5 (6) EV -ready spaces ■ Total EV -ready parking required: 52 + 6 = 58 EV -ready spaces o EV spaces for non-residential uses (not located in a building) [s. 5.8b)]: 37 x 5% = 1.85 (2) EV spaces General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variances, for example: Section 4. C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Section 4. C.1.13. The City will work with the development industry and other community members to identify and encourage innovative housing types and designs in the city where such innovation would: a) be compatible with surrounding land uses; b) support the development of complete communities; c) provide live/work and home occupation opportunities; d) incorporate energy conservation features and the use of alternative energy systems and/or renewable energy systems; e) reduce municipal expenditures; f) protect natural heritage features; g) provide accessible and affordable housing to residents; h) conserve and/or enhance our cultural heritage resources; i) celebrate the cultural diversity of the community; j) be transit -supportive and/or transit -oriented; or, k) reflect, add and/or enhance architectural interest and character. Section 4. C.1.19. The City will encourage and support affordable housing to locate in close proximity to public transit, commercial uses and other compatible non-residential land uses, parks and community facilities and have convenient access to community, social and health services. With respect to the Official Plan, Planning staff is of the opinion that the proposed buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. The proposed buildings are sensitive to the exterior areas of adjacent properties and fencing is proposed to be provided along the full length of the southerly side lot line (adjacent to the existing apartment building). The proposed reduced minimum rear yard is appropriate since it faces Eighth Avenue and functions as a second front yard, rather than a rear yard, thereby establishing an improved interface with the street. Transportation Services confirms that an appropriate number of parking spaces are proposed for this proposal. Additionally, an appropriate landscaped/amenity area is proposed on the site. The proposed variances will facilitate innovative housing that is compatible with surrounding land uses, noting that the proposed development would act as a transition between low density residential land uses on the opposite side of Franklin Street and the Dare Foods manufacturing facility. The proposal supports the development of complete communities by providing a mix of uses within the same building, affordable housing, and the opportunity for residents to work on the commercial ground floors of the proposed buildings. In addition, the proposed variances would facilitate transit supportive development in close proximity to the Route 7 and Route 28 GRT routes (both routes connect to Fairway ION Station). The property is also close to Kingsdale Community Centre. Accordingly, Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the setback regulations is to ensure adequate privacy and buffering between land uses and to ensure an appropriate streetscape is established / maintained. In this case, the proposed reduced setback to the adjacent multiple residential use meets the intent of the by-law because a fence is proposed between the properties. Also, impacts are reduced because the proposed buildings are oriented such that the short widths of the building face the short width of the adjacent building (minimal overlook impacts). The streetscape on Eighth Avenue would benefit from the variance by moving the proposed buildings closer to the street, thereby creating a pedestrian oriented look and feel. The general intent and purpose of the parking regulations is to ensure a sufficient amount of parking is maintained on site (both regular parking spaces and EV spaces). In this case, Transportation Services is satisfied with the parking justification study that was provided and is in support of the parking variances. Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. P°Minnr" Tact The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The variances will facilitate development that is compatible with adjacent residential and commercial land uses. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test The variances would facilitate development that is consistent with the goals and objectives of the City by allowing the currently vacant commercial / industrial property to be redeveloped with mixed use buildings that contain both affordable housing units and ground floor commercial uses, in an appropriate location. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the conditions outlined in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed variances provided building permits for the apartment buildings are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Services Comments: The Parking Study & Transportation Demand Management Plan submitted by Paradigm Transportation Solutions, dated October 2020 has demonstrated that through typical affordable housing parking needs, existing transit connectivity in close proximity to the site, shared surface parking and TDM measures provided, the proposed reduction in parking is appropriate for the proposal. Transportation Services can support the proposed reduction in parking for the application, subject to the following conditions: • That the owner of the property enter into an agreement with the City of Kitchener to be registered on title that acknowledges the following: o That vehicle parking spaces will be rented to residents separately from dwelling units (noted on page 28 of Paradigm's report); o That there will be a total of 132 secured, long-term bicycle spaces provided on-site. Engineering Services Comments: Engineering has no comments. Environmental Planning Comments: The City's Tree Management Policy will be addressed through the Site Plan Application. Heritage Planning Comments: No Heritage Planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign 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. PREVIOUS REPORTS/AUTHORITIES: 0 Section 45, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Proposed Site Plan Drawing submitted with Application Form (not yet approved) '.J A 2 f�+T y AS ii 11 52 Z Q a '3 0 � w Qw a. sS O Q O I I W f� I I-- 4 (n is tOq v vS LU a x LLJ m ���� S E N,� k'a v] IE39 ;RI I is M iz' �U r zmaU '.J A I I I I I 6 6 w al IY o N N � N o w In ru' O U 0 0 ori o W CL' � 2 Z Q Of Q LOLO LL LO LC> 2 0 _- 52 Z Q a '3 0 � w Qw a. sS O Q O I I W f� I I-- I I I I I 6 6 w al IY o N N � N o w In ru' O U 0 0 ori o W CL' � 2 Z Q Of Q LOLO LL LO LC> February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16th, 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 1 DATE OF REPORT: March 5th, 2021 REPORT NO.: DSD -2021-19 SUBJECT: Minor Variance Application A2021-012 39 Crosby Drive Owner & Applicant — Marc & Kristine Cholette RECOMMENDATION: That application A2021-012 requesting permission to allow a rear yard addition to have a side yard setback of 0.9 metres whereas a setback of 1.2 metres is required, be approved with conditions: 1. That a letter of permission be obtained from the neighbouring property owner and that tree protection measures be approved and implemented prior to issuance of a building permit and, 2. That all conditions shall be completed prior to December 31St, 2021 Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 37.2.1 of the Zoning By-law to allow a rear yard addition to have a side yard setback of 0.9 metres rather than the required 1.2 metres. *** 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 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 Three Zone (R-3) in Zoning By-law 85-1. The applicant is proposing to renovate the existing carport by extending it further into the rear yard. The addition to the carport will be in line with the existing setbacks of the carport that was constructed in 1964. 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 Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing carport was built over 50 years ago, and the 0.9 metre setback is now considered legal non- conforming. The existing setback has caused no issues with rear yard access in that time, and staff has no concerns with the carport extension matching the existing 0.9 metre setback. Staff is of the opinion that the reduction in the side yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the side yard setback continues to accommodate the appropriate rear yard access. The setback of 0.9 metres for the side yard will not present any significant impacts to adjacent properties or the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood and is therefore appropriate development for the area. City Planning staff conducted a site inspection of the property on February 26th, 2021. Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental Comments: It appears that the proposed addition could have impacts to the neighbour's tree. Staff recommend that a condition be added to request that a letter of permission be obtained from the neighbouring property, and tree protection measures be installed prior to the issuance of a building permit 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. w IN Concept Layout — 39 Crosby Drive February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -21-016 SUBJECT: Minor Variance Application A2021-013 2 Crosswinds Drive Owner - 2522935 Ontario Inc c/o Fusion Homes Applicant - Phil Ha RECOMMENDATION: That application A2021-013 for 2 Crosswinds Drive requesting relief from Section 6.1.1.1. b) iv) to allow an access driveway to be located 7.94 metres from the intersection of the street lines abutting the lot, rather than the required 9.0 metres, be approved subject to the following condition: 1. That the owner shall make application for a revised building permit for the proposed dwelling to the satisfaction of the City's Chief Building Official. REPORT HIGHLIGHTS: The application is requesting permission to locate an access driveway for a new single detached dwelling on a corner lot to be located 7.94 metres from the intersection rather than the required 9.0 metres from the intersection. t4{j Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. C1 TY OF ICITCHE^e'� � Li �7E:'lE1i 111yE '.i `+T+kEiiT h9TE. wr.�•t -room wr.. r'9w I.m Ta lia.x r!e• - aIr I aEG. PLAN m ecnrsel �.Wd'o'r P � � 40 w r( 4' REC. ALAN vus•-=::- a .«` W IVAa�E LN ! � I 't07II11T�'� -- -- 7.49m setbac:to v?DSS'.M9 ,D5 D:?IVE driveway FUSI( N Building Location Sketch BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and is identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four (R-4) with Special Regulation 597R (geothermal wells shall not be permitted) 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 property is designated Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variance to locate the access driveway 7.94 metres from the intersection of the lot lines for a new single detached dwelling will support and maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The variance requested for the access driveway to be located 7.94 metres from the intersection of the lot lines rather than the required 9.0 metres meets the general intent of the Zoning By-law, as it will maintain an adequate distance from the corner to allow vehicles to enter or exit from the driveway safely. This section of Crosswinds Drive is straight providing unobstructed sight lines and therefore poses no visibility concerns. Transportation staff has no concerns with the location of the access driveway on this corner lot. Is the Variance Minor? In the opinion of staff this variance is minor. The location of the access driveway for the new detached dwelling being located 7.94 metres from the intersection of the lot lines provides adequate distance from the corner to be used in a safe manner. The location of the driveway will have no impact on neighbouring properties. In all other aspects, the dwelling meets all zoning regulations. Is the Variance Appropriate? In the opinion of staff this variance is appropriate and maintains the orderly development of the subject lands. The reduced access driveway setback to the corner will allow the home to maintain the double car garage and corner visibility triangle. City Planning staff conducted a site inspection of the property on February 26, 2021. Building Comments: The Building Division has no objections to the proposed variance. A revision to the original application will be required. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: No comments. Environmental Planning Comments: No 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: Building Permit 20 130679 for a single detached dwelling with attached garage and finished basement was issued January 12, 2021. A revision to this permit will be required. February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-15 SUBJECT: A2021-014 — 247 Lydia Street Owners: Ryan McKee & Kendra Hollidge Approve Subject to a Condition RECOMMENDATION: 1) That Minor Variance Application A2021-014, for 247 Lydia Street, requesting relief from the following sections of By-law 85-1, to facilitate the development of an addition to the rear of the existing dwelling and to legalize the existing dwelling: a) Section 38.2.1 to allow a southerly side yard setback of 2.62 metres, rather than the required 3.0 metres (driveway side yard). b) Section 38.2.1 to allow a northerly side yard setback of 0.76 metres, rather than the required 1.2 metres, be approved, subject to the following condition: 1. That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelopelwork zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1. Aerial Photo of Subject Property, in Context REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of minor variances to facilitate the development of an addition to the rear of the existing dwelling and to legalize the existing dwelling. • This report supports the delivery of core services. • There are no financial implications to the City. • This report supports the delivery of core services. BACKGROUND: This report is being brought forward to legalize the setbacks for an existing single detached dwelling and to facilitate the construction of an addition to the rear of the existing dwelling. Figure 2. View of subject property from Lydia Street REPORT: The subject property is located on the west side of Lydia Street, between Stirling Avenue North and Pandora Avenue North, in the Auditorium Planning Community. The property contains a single detached dwelling, constructed in approximately 1933. The immediate neighbourhood contains mainly low-density residential uses, though Sheppard Public School, Knollwood Park, and the Auditorium are located nearby. The property is designated Low Rise Residential in the Official Plan and zoned R-4 in By- law 85-1 (the property is currently not subject to CRoZBy). City Planning staff conducted a site inspection of the property on February 26, 2021. The applicant is proposing a number of changes to the property, including the removal of an attached garage, the construction of a new detached garage in the rear yard, the construction of an addition to the rear of the existing single detached garage, and the construction of a new deck attached to the rear yard addition. To facilitate the rear yard addition and to legalize certain aspects of the single detached dwelling which are to remain, relief from By-law 85-1 is requested, including relief from: a) Section 38.2.1 to allow a southerly side yard setback of 2.62 metres, rather than the required minimum of 3.0 metres (driveway side yard). It should be noted that this would legalize the existing setback and that the proposed rear yard addition would maintain a slightly greater setback of 2.67 metres. b) Section 38.2.1 to allow a northerly side yard setback of 0.76 metres, rather than the required minimum of 1.2 metres (non -driveway side yard). It should be noted that this variance would legalize the existing setback of the dwelling. The proposed rear yard addition would fully comply with the required 1.2 metre side yard setback regulation. General Intent and Purpose of Official Plan Test A number of Official Plan policies are applicable to the requested variances, for example: Section 4. C.1.8. Where ... minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood. b) N/A c) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. Section 4. C.1.10. "Where appropriate, and without limiting opportunities for intensification, the City will encourage and support the ongoing maintenance and stability of existing housing stock in the city by: a) supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation;..." Section 4. C. 1.20. "The City will support and attempt to accommodate residents who may wish to adapt their housing to better suit their circumstances and needs that may change over time, provided these changes to the housing do not significantly impact the nature or community character of the surrounding residential area." Section 15.D.3.8. "The Low Rise Residential land use designation will accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing." With respect to the Official Plan, Planning staff is of the opinion that the variances would facilitate an addition that is appropriate in massing and scale, appropriately located in the rear yard, and that does not consume land that is more appropriately used for landscaped/amenity area or parking. In addition, the variances would encourage and support the ongoing maintenance and stability of existing housing stock through renovation and adaption. Accordingly, Planning staff is of the opinion that the variances meet the general intent and purpose of the Official Plan. General Intent and Purpose of Zoning By-law Test The general intent and purpose of the setback regulations is to ensure adequate privacy, buffering between dwellings, and to allow functional parking area between a dwelling and the side lot line. In this case, the requested south (driveway side) side yard setback reduction simply legalizes an existing situation and allows the proposed addition to be consistent with the already established setback. Transportation Services has indicated that it does not have any concerns with the side yard reduction / legalization on the driveway side of the dwelling. The setback on the north side has been in existence for almost 90 years, without concerns. Planning staff is of the opinion that the variances will meet the general intent and purpose of the Zoning By-law. °°Minnr" Tact The variances are minor in that they will not create unacceptably adverse impacts on adjacent uses or lands. The setbacks have been in existence for many years without concerns. The extension of a reduced south side yard will not exacerbate the situation. The variances will facilitate an addition that meets the objectives of the Official Plan. Planning staff is of the opinion that the variances are minor. Desirability for Appropriate Development of the Land Test The variances would facilitate the construction of a rear yard addition that is consistent with the goals and objectives of the City, as outlined in the above sections. Planning staff is of the opinion that the variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance requests are justified, subject to the condition outlined in the Recommendation section of this report. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Services Comments: Engineering has no comments. Environmental Planning Comments: The following condition should be implemented: That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any grading, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 247 Lydia Street is located within the Pandora Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign 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. PREVIOUS REPORTS/AUTHORITIES: • Section 45, Planning Act, R. S. O. 1990, c. P.13 ATTACHMENT: Attachment A — Proposed Plan Submitted with Application Form 2 �M MCKEEMOLLIDAGE ADDITION In, :4> <*> —4> 4> egg ifflil fit <?> lit ±I4 I i it RIMINI L3RH 1111 M ,"I 0 IMP 11 '1 1 li Ell . ja 2 �M MCKEEMOLLIDAGE ADDITION In, February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16th, 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 4 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-25 SUBJECT: Minor Variance Application A2021-015 11 Ian Ormston Drive Owner- Activa Holdings Inc. Applicant — Karen Cramer RECOMMENDATION: That application A2021-015 requesting permission to construct a new single detached dwelling with a rear yard setback of 7.32 metres rather than the required 7.5 metres be approved (AS AMENDED). REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a rear yard setback of 7.32 metres rather than the required 7.5 metres. Note: the recommendation has been amended to correct an error in the agenda and notice of hearing, which stated that this request for an addition to an existing building. This is a vacant lot in a planned subdivision and the application is for a new single aetacnea dwelling. :l R -t 989R. 44OU SAN ()FMgrotk F-7 JI 5 ' R_t Location Map: 11 Ian Ormston Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 11 Ian Ormston Drive 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 (R-4) in Zoning By-law 85-1. The applicant is requesting relief from the Zoning By-law to allow a rear yard setback of 7.32 metres rather than the required minimum of 7.5 metres. 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 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing to achieve a low overall intensity of use. The requested variance for reduction in rear yard setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a 7.5 metres rear yard setback is to ensure that there is adequate amenity space on site and adequate separation of buildings. The subject property backs onto designated park space, and therefore does not interact with residential lands to the rear. Therefore, the requested reduction in rear yard setback does not impact the separation of buildings. The requested reduction is a slight one, and Staff is of the opinion that adequate amenity space will be provided in the rear yard. Therefore, Staff is of the opinion that the requested variance for rear yard setback meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. No adverse impacts to neighbouring properties or the subject property is expected with this request for a minor reduction in rear yard setback. Therefore, Staff considers the variance to be appropriate. Is the Variance Minor? 4. The requested reduction in rear yard setback represents a small decrease from the minimum required setback resulting in no adverse impacts to the neighbourhood. Therefore, the requested variance is considered minor. City Planning staff conducted a site inspection of the property on February 26, 2021. Vacant Lot (February 26, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the new single detached dwelling is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental 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: February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 n7ent5ervicesDepartr7ent I Itis i z��:I� www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16th, 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 10 DATE OF REPORT: March 5th, 2021 REPORT NO.: DSD -2021-20 SUBJECT: Minor Variance Application A2021-016 241 Simeon Street Applicant — David Thompson, David Thompson Architect Ltd. Owners - Colin & Sarah Yardley RECOMMENDATION: That application A2021-016 requesting permission to allow a rear yard addition to have a side yard setback of 0.91 metres whereas a setback of 1.2 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 38.2.1 of the Zoning By-law to allow a rear yard addition to have a side yard setback of 0.91 metres rather than the required 1.2 metres. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 (R-4) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build a rear yard addition. 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 Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance conforms to the designation and it is the opinion of staff the requested variance is appropriate and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The existing dwelling was built over 70 years ago, and the 0.91 metre setback is now considered legal non- conforming. The existing setback has caused no issues with rear yard access in that time, and staff have no concerns with the building addition matching the existing 0.91 metre setback. Staff is of the opinion that the reduction in the side yard setback meets the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor as it is the opinion of staff that the side yard setback continue to accommodate the appropriate rear yard access. The setback of 0.91 metres for the side yard will not present any significant impacts to adjacent properties and the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition 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 February 26th, 2021. Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 241 Simeon Street is located within the Pandora Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Comments: No environmental planning concerns. 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. srIREE°r FEFERENCE EEM W • M twit IH iAW E3%AE CRNE 0.Nli3ARI d 9 Concept Layout — 241 Simeon Street February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 13, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: February 28, 2021 REPORT NO.: DSD -2021-13 SUBJECT: Minor Variance Application A2021-017 90 Duchess Avenue Owner — K. Wills & A. Lootsma RECOMMENDATION: 1. That application A2021-017 for 90 Duchess Avenue seeking relief from: • Section 37.2.1 for the Minimum Corner Lot Width to be recognized as the existing lot width of 13.72m whereas by-law 85-1 requires a minimum corner lot width of 15.Om • Section 37.2.1 for the Minimum Side Yard Abutting a Street to legalize the existing setback to the house of 2.93m as opposed to 4.5m • Section 37.2.1 for the Minimum Side Yard Abutting a Street to the garage of 2.61m whereas the by-law requires 6.Om • Section 6.1.2 e) for the length of a parking space within a garage of 5.39m rather the required 5.49m, be approved, without conditions. REPORT HIGHLIGHTS: The subject property is addressed at 90 Duchess Avenue in the City of Kitchener. The lot is legally described as Registered Plan 349 Part Lot 17, Lot 16. The lot measures 13.7 metres wide and 120 metres deep for an area of 511 square metres. The property is a corner lot that has frontage onto Duchess Avenue and flanks onto Dunbar Road. A single detached dwelling is built on the subject lands. Surrounding land uses are comprised of low rise residential uses in a mature stable neighbourhood. The owner would like to build a two-storey rear addition onto the existing two-storey home to accommodate a growing family. To obtain a building permit the owner requires variances to recognize existing legal non -complying yard regulations and to allow for a parking space within the garage that is slightly smaller than the regulation requires. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Aerial Photo of Subject and Surrounding Lands — OnPoint Mapping BACKGROUND: The property is designated Low Rise Residential in the City's Official Plan. The property is zoned Residential Three (R-5) in Zoning By-law 85-1. The use of a single detached dwelling is a permitted use subject to meeting the regulations. Duchess Ave. Street View Photo Dunbar Rd. Street View Photo 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 Low Rise Residential in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a lower -density neighbourhood. The requested variances support an addition to a detached residential dwelling that will support and maintain the low-density character of the property and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The variance requested for the reduction of the lot width is consistent with the Zoning By-law as it is to recognize an existing condition that will not change because of the addition being proposed. The proposed variance for the minimum side yard setback abutting a street is to legalize the existing side yard abutting Dunbar Road to the existing house (currently legal non -complying) and to maintain a consistent building line that exists today. The intent of a minimum 6 metres setback for a garage is to ensure a garage does not dominate the streetscape. The existing garage already extends beyond the side fagade of the house and is setback only 1.7 metres from the property line. With the building addition, the plan is for the garage to be setback 2.6 metres from the property line resulting in a longer driveway. The fact that the design pushes the garage further back from Dunbar Road improves an existing situation and one that staff feels strikes an appropriate balance. Transportation staff is supportive of this variance, as the length of the driveway has increased so that an average sized vehicle could park in the driveway and not overhang onto the sidewalk. The intent of a minimum parking space within a garage is to ensure an average sized vehicle can fit within a garage. The applicant is proposing a length of 5.39 metres or 10cm less than what is required. There will be ample room to maneuver a vehicle into the garage and no stairs will project in the garage that could further restrict the space. As a result, staff is of the opinion the general intent of the Zoning By-law is being met. Is the Variance Minor? In the opinion of staff, the variances are minor. Two of the four variances are technical in nature to recognize existing width of lot and setback of the house. The new location of the garage will be an improvement over the existing condition as the new location is pushed further away from the property line. This has increased the overall length of the driveway. The size of the internal legal parking space within the garage is 10cm less than what is required but is within acceptable limits to park a vehicle. Is the Variance Appropriate? In the opinion of staff these variances are appropriate and maintain the orderly development of the subject lands. They are necessary to facilitate a building addition to an existing residential dwelling on a lot that is legal non -complying within a stable residential neighbourhood. City Planning staff conducted a site inspection of the property on February 27, 2021. Building Comments: The Building Division has no objections to the proposed variance. The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached house is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 90 Duchess Avenue is located within the Westmount East & West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Engineering Comments: Engineering has no concerns Operations Comments: No comments Environmental Planning Comments: No 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: Section 45 of the Planning Act. ATTACHMENTS: None February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 19 February, 2021 11:33 AM To: Holly Dyson Subject: [EXTERNAL] Committee of Adjustment - General Info Follow Up Flag: Follow up Flag Status: Flagged Hi Holly, I have reviewed the documents posted on the website however, there are concerns/warnings for the following application: - A2021-017 — 90 Duchess Ave: to ensure the new bedroom above the garage shall no be in conflict with the overhead service wire feeding the house Regards, Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafaPkwhydro.ca arts. - SUtS ... ".�P.. ~. Ha4Pu`y Y/prYpfoce 40 A.ord5 • AAe.1 FK %'Onr Ii'w.451i i�a2d n syr• cHkm9ER OFCOMM RCE.�; f CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system. 1 Hello Dianna, Perhaps for the public record, we should better define our concerns. We're really only worried about maintaining required construction clearances along the property line between 90 Duchess Ave and , 86 Duchess Ave. We have no direct interest in the the city's issues, which we understand to be the proximity of the proposed structure to Dunbar Rd, and the length of the garage. We just wanted to be sure that the proposed new structure is not shifted away from Dunbar and towards 86 Duchess Ave, or extended towards us to create room to meet the standard requirements for garage length or to meet the clearance requirements for the Dunbar Rd. abutment. Thanks, Greetings, I would like to provide a written submission concerning permission to construct a two story addition in the rear yard of 90 Duchess Avenue. 86 Duchess Avenue, immediately adjacent to 90 Duchess Avenue, the back yard allowed for an extensive flower garden, which has been a source of much pleasure - The proposed addition to the rear of 90 Duchess Ave would throw much of our garden into full afternoon shade, and would have a considerable negative impact on decades of effort to create a garden space in which to enjoy our retirement. Therefore we would ask that the proposed addition, at the very least, should extend no deeper into the lot, no higher above us, and no closer to our property line than permitted by currently existing requirements. Thank you for considering our interests, I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 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: March 8, 2021 REPORT NO.: DSD 2021-32 SUBJECT: Minor Variance Application A2021-018 130 Samuel Street Owner — Katherine Robertson and Sarah Robertson Applicant — Iain Kent / Eagleview Construction RECOMMENDATION: That application A2021-018 requesting permission to demolish and reconstruct an existing one -storey garage in the rear yard of an existing single detached dwelling having a southerly side yard setback for the proposed garage of 0.203 metres rather than the required 0.6 metres; and, for the detached garage to have a maximum fascia height of 3.82 metres rather than the permitted maximum of 3 metres, be approved, subject to the following conditions: 1) That a building permit is obtained from the Building Division to its satisfaction; 2) That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and where necessary, implemented prior to any demolition, 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, building elevation drawings, landscaped area and vegetation to be removed and/or preserved. The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning; and, 3) That conditions 1 and 2 above be completed by August 1, 2021. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the Urban Structure Map. The property is zoned as Residential Four (R-4) in Zoning By-law 85-1. 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 The intent of the Low Rise Residential designation is to accommodate a range of low density housing types which includes single detached dwellings. The designation supports maintaining a low-rise built form and the proposed detached garage with a height of one -storey maintains this form. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. tie Photo of Subject Property General Intent of the Zoning By-law The intent of the 0.6 metre side yard setback for a detached garage is to ensure that the structure can be maintained. Though the proposed 0.203 metre side yard setback does not permit maintenance without going onto the abutting property; it is noted that the building can be constructed of maintenance free material which will not require encroaching onto abutting lands. As well, the applicant has noted on the drawings that any eaves along the side property line will not encroach over the property line. The existing structure, which has been there for some time, is located at a 0.2 metre setback and the proposed building is no more onerous that what currently exists. The intent of the maximum 3 -metre fascia height is to ensure that the structure has a lower roof massing that the main dwelling and therefore it will not dominate the property. The proposed 3.82 -metre fascia height is at the rear of the structure and occurs because of a grading difference along the proposed structure from front to back. The view from the street is not impacted by the increase in fascia height at the rear of the building. Based on the above, staff is of the opinion that the general intent of the zoning by-law is maintained for both variances. Is the Variance Minor? Regarding the existing garage, it is noted that there has been no concerns or complaints received to date. Regarding the proposed garage, the drawings submitted with the application indicate the structure will be longer in depth by 1.58 metres at the rear of the structure. This is minor when compared to the overall length of the subject property and provided the structure is built with maintenance -free materials, there are no concerns with the proposal. Regarding the variance for an increase of 0.82 metre in fascia height at the rear of the structure, it is noted that it is only the rear of the structure that requires the variance because of grading differences in the rear yard. Based on the fascia height and the size of the lot, staff has no concerns with this requested variance. Staff is of the opinion that the two variances are minor Is the Variance ADDroariate? As noted above, the two variances are considered minor. The view from the street, and from the neighbours abutting the property, do not appear to be negatively impacted by the proposed replacement garage. Staff is of the opinion that the variances are appropriate for development of the residential property as they do not impact the surrounding neighbourhood. City Planning staff conducted a site inspection of the property on March 4, 2021. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the detached garage is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments. Heritage Planning: 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 property municipally addressed as 130 Samuel Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning: That in light of the treed nature of the property and the proximity of trees in shared ownership, the owner shall prepare a Tree Preservation Plan for the lands in accordance with the City's Tree Management Policy. Details as noted in Condition #2 above. 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. February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 Ext. 7847 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-017 SUBJECT: Deferral - Minor Variance Application A2021-019 30 Waterbow Trail Owner - Milestone Developments Inc. Applicant - Patrick Haramis RECOMMENDATION: That application A2021-019 for 30 Crossbow Trail requesting relief from Section 38.2.1 to allow a minimum side yard abutting a street of 4.10 metres, rather than the required 4.5 metres, and Section 5.6A .4 a) to allow a non -enclosed porch to be located 2.74 metres from the lot line abutting a street rather than the required 3.0 metres be deferred to the April 20, 2021 Committee of Adjustment Meeting. The application needs to be re -advertised as an additional variance is required. REPORT HIGHLIGHTS: The application is requesting permission to construct a new single detached dwelling on a corner lot having a side yard abutting a street setback of 4.10 metres, and a non -enclosed porch 2.74 from the lot line abutting the street. Location Map *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16th, 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 10 DATE OF REPORT: March 5th, 2021 REPORT NO.: DSD -2021-21 SUBJECT: Minor Variance Application A2021-020 25 Margaret Avenue Applicant and Owner — Scott & Michelle Henderson RECOMMENDATION: That application A2021-020 requesting permission to allow a car port addition to have a side yard setback of 0.55 metres whereas a setback of 1.2 metres is required, and to permit a driveway on a property with an attached carport to be 0 metres from the side property line, whereas a setback of 0.6 metres is required, be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 39.2.1 of the Zoning By-law to allow a car port addition to have a side yard setback of 0.55 metres rather than the required 1.2 metres. Further relief is being sought from Section 6.1.1.1.b) ii) of the Zoning By-law to permit a driveway on a property with an attached carport to be 0 metres from the side property line, whereas a setback of 0.6 metres 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 Low Rise Residential Preservation in the Civic Centre Neighbourhood Secondary Plan of the City Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Five Zone (R-5) in Zoning By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and build a car port addition. The applicant is also proposing to create a private dedicated driveway for the property as there currently is a shared driveway used with the adjacent multiple dwelling building. 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 Low Rise Residential in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets and exterior areas. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setback is to ensure there is adequate space to access the rear of the property. The property is located next to a large multiple dwelling residential building, and the access to the rear of the property has not been used due to a fence that was erected to separate the two properties. The owner wishes to maintain and extend the fence due to conflicts with the multiple dwelling. Access will remain through the carport and from the other side of the property. The intent of the 0.6 metre setback for a driveway with an attached carport is to ensure adequate separation from the property line and adjacent properties. Due to the limited space between the property line and the dwelling, if the 0.6 metre setback would be required there would not be adequate space for the required driveway width of 2.6 metres. Staff does not have concerns with the reduced setback, as the majority of the area is currently already curbed and paved over with asphalt and the creation of the driveway would not negatively impact either property. Staff is of the opinion that both variances meet the general intent of the Zoning By-law Is the Variance Minor? The variances can be considered minor, as it is the opinion of staff that the side yard setback of 0.55 metres and reduced driveway setback will not present any significant impacts to adjacent properties or the overall neighbourhood. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition 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 February 1 st, 2021. Photo of Subject Property (Front and Side view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the carport is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application given that that driveway width is shown to be 3.Om wide. The proposed turn -around space in the front yard is a helpful addition, but it can be noted that there are less than four (4) total parking spaces proposed on-site, which would be classified as a `driveway' and does allow for residents to reverse their vehicles out of the site. Heritage Comments: The property municipally addressed as 25 Margaret Avenue is located within the Civic Centre Neighbourhood Heritage Conservation District and designated under Part V of the Ontario Heritage Act. A Heritage Permit Application for the construction of a carport addition was considered and recommended for approval by the Heritage Kitchener committee at its meeting held on March 2, 2021. The construction of the carport, fence, and driveway will not adversely affect the existing dwelling or the character of the Civic Centre Neighbourhood Heritage Conservation District. As such, there are no cultural heritage planning concerns with this minor variance application. Environmental 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. a% vxP G lIA°9el�i I 6ULdX6 SEIRW( TIRE Cg511x4 r-. LwG]CAPpC g i I F t I I I I I � � I Ppi91 TSV--SRPEY � ` ' I xLSGQ+CL I �.-A eXxr,, 19+01 612 i' I I +euevli RSP P I W6V 6R1� ' FX RB1I10 FEXtt II TD � REMTID []8E I � J 11 II Ex. TREE TO BE RN5 'T— I 'Ilyll IIWII II I A I I I E�I � i aul_orra sere+cx u¢ yy 01 R N �ti ubG'k PRCPERil'IIgE Concept Layout — 25 Margaret Avenue February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 n7entServicesDepartr7ent REPORT TO: Committee of Adjustment I Itis i z��:I� www.kitchenerca DATE OF MEETING: March 16th, 2021 SUBMITTED BY: vonWesterholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-26 SUBJECT: Minor Variance Application A2021-021 331 Driftwood Drive Owner & Applicant- Denis O'Connor RECOMMENDATION: That application A2021-021 requesting permission to convert an existing single detached dwelling into a duplex having the required off-street parking space located 2.72m from the front lot line rather than the required 6m be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.1.1(b) of the Zoning By-law to allow the first required off-street parking space for a duplex dwelling to be located 2.72 metres from the front lot line rather than the reauired minimum setback of 6 metres. Location Map: 331 Driftwood Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 331 Driftwood Drive 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 Three Zone (R-3) in Zoning By-law 85-1. The applicant is looking to convert the subject property to a duplex dwelling. As part of this conversion, the garage is proposed to be converted into living space. As a result, the regulation that requires the first required parking space for a duplex dwelling to be located 6 metres back from the front property line cannot be met. Rather, the parking will be located in a double wide driveway and will be setback 2.72 metres from front property line rather than the required 6 metres. 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 1. The requested variance meets the general intent of the Official Plan. The Low Rise Residential designation in the Official Plan favours the mixing and integration of different forms of housing, including duplex dwellings, to achieve a low overall intensity of use. The requested variance for reduction in parking setback does not interfere with the general intent of the Official Plan. General Intent of the Zoning By-law 2. The intent of the regulation that requires a parking space to be setback 6 metres from the street line is to encourage screening of vehicles within side yards and garages. There is inadequate space for vehicle storage in the side yards and the existing garage is proposed to be converted to living space to accommodate a duplex dwelling. The proposed parking layout is to be in a double wide driveway in front of the dwelling. This will allow the parking spaces to function independently rather than in tandem. Since there are no viable opportunities for other vehicle storage on site, Staff is satisfied that the parking for the proposed duplex dwelling within double wide driveway is adequate. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is the Variance Appropriate? 3. Staff does not believe it that using a double wide driveway for the parking layout of a proposed duplex dwelling will cause adverse impacts in the neighbourhood. Double wide driveways are common in this neighbourhood. Therefore, Staff considers the request for variance to be appropriate. Is the Variance Minor? 4. The proposed duplex dwelling will continue to provide 2 parking spaces that will function independently. Therefore, the requested variance is considered minor. City Planning staff conducted a site inspection of the property on March 5, 2021. View of Existing Single Detached Dwelling (March 5, 2021) Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the change of use and is currently under review. Transportation Comments: Given that the driveway has existed with no concerns in the past, Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental 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: None February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 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 3 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-024 SUBJECT: Minor Variance Application A2021-022 4278 King Street East Owner — 2748153 Ontario Inc. Applicant — Manreet Alangh RECOMMENDATION: That application A2021-022 requesting a parking reduction from Section 5.6 to permit a parking rate of 1 space per 22 square metres, whereas 1 space per 19 square metres is required for a health clinic use be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 5.6 to permit a parking rate of 1 space per 22 square metres rather than 1 space per 19 square metres for a health clinic use. The parking reduction would permit a health clinic with 78 spaces whereas 93 would be required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: 000001 a -9 Location W The property is designated as Commercial Campus in the City's Official Plan and identified as a Major Transit Station Area on the City's Urban Structure Map. The property is zoned as COM -4: Commercial Campus in Zoning By-law 2019-051. REPORT: Planning Comments: The proposed use is a health clinic that consists of a pain clinic, ophthalmology clinic and surgical centre. In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The proposed parking variance will facilitate a new health clinic use within the entire existing building and meets the general intent of the Official Plan. Lands designated as Commercial Campuses are intended to serve the day-to-day and weekly commercial needs of the surrounding community and are developed as comprehensively planned commercial uses functioning as a unit and consisting of individual buildings or multi -unit building groupings. The existing building was developed as part of the Sportsworld Crossing commercial campus. Major Transit Station Areas are planned in order to support transit and rapid transit, is to provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels, provide connectivity of various modes of transportation to the transit system, achieve a mix of residential, office (including major office), institutional (including major institutional) and commercial development (including retail commercial centres), wherever appropriate, and have streetscapes and a built form that is pedestrian -friendly and transit -oriented. The site is located with the Sportsworld MTSA which is currently served by ION bus and four local bus routes. The Region of Waterloo has approved the Ion Stage 2 route and stop locations. A future LRT station stop is proposed immediately adjacent to the subject lands within the King Street boulevard. Therefore, it is staff's opinion that the general intent of the Official Plan is being maintained. General Intent of the Zoning By-law The purpose of the Commercial Campus zone is to accommodate a range of retail and commercial uses functioning as a unit within comprehensively planned campuses within City Nodes. Minimum parking standards are identified in the Zoning By-law to ensure that adequate parking can be provided on site for a use. A health office is appropriate for the subject lands and the existing parking supply exceeds the demand identified in the Parking Study submitted with the application. The requested variance meets the general intent of the zoning by-law. Is the Variance Minor? The requested variance is minor. The overall total parking reduction is fifteen spaces. The existing 78 parking spaces on site can continue to accommodate the parking demand of the proposed health clinic use. Is the Variance Appropriate? The requested variance is appropriate. The variance will allow for a new health clinic use to occupy the existing building. The lands are well served by public transportation and are planned to be served by Ion light rail transit in future. City Planning staff conducted a site inspection of the property on February 26, 2021. r I 1 Me Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: The Parking Study completed by Paradigm Solutions for this application identified that the existing parking supply on site is more than what would be required to serve all staff and patients for the proposed health clinic use. It also noted that many patients use mobility services to access the site, which would further reduce the demand for parking on-site. Transportation Services can support the proposed reduction in parking as requested for 4278 King Street East. Heritage Comments: No heritage planning concerns. Engineering Comments: Engineering has no comments. Environmental Planning Comments: No environmental 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: The Committee of Adjustment approved applications B2019-029 and A2019-063 to sever a parcel of land having a width on King Street East of 14 metres, an approximate depth of 178 metres and an area of 0.84 hectares (2.1 acres), to grant an easement having a width of 14 metres and an approximate depth of 69.6 metres, in favour of the retained land for access, to permit a minimum side yard of 1.2 metres for an existing hydro building, and a lot width of 14 metres. Site Plan Application SP19/098/K/AP was approved for the relocation of the primary driveway and recognition of new lot lines associated with consent application B2019-029. February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16th, 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 7 DATE OF REPORT: March 5th, 2021 REPORT NO.: DSD -2021-22 SUBJECT: Minor Variance Application A2021-023 1430 Highland Road West Applicant — Scott Patterson, Patterson Planning Consultants Inc. Owner — Savic Homes Ltd. RECOMMENDATION: That application A2021-023 requesting permission to allow a front yard setback of 12.75 metres for that portion of a dwelling greater than 10.5 metres, whereas a minimum front yard setback of 22.29 metres is required, and to not require an exclusive use patio for units located on the ground floor, whereas an exclusive use patio with direct access for units on the ground floor is required; be approved. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 43.2.3 of the Zoning By-law to permit a front yard setback of 12.75 metres whereas a minimum front yard of 4.5 metres for that portion of a dwelling with a building height not exceeding 10.5 metres and an additional setback of 1.5m shall be required for every additional portion of 3.0 metres of building heigh thereafter, which would result in a setback of 22.29 metres being required. Further relief is being sought from Section 43.2.3 to permit each dwelling unit located on the ground floor to be provided without an exclusive use patio adjacent with direct access, whereas the By-law requires ground floor units to have an exclusive use patio area adjacent to the unit with direct access. *** 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 High 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 Nine Zone (R-9) in Zoning By-law 85-1. The applicant is proposing to build Phase 3 of the development which would consist of 2 new multiple dwelling buildings. One building will be 12 storeys and the other will be 18 stories for a total of 280 new dwelling units. 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 High Rise Residential in the City's Official Plan. The High -Rise Residential land use designation provides for high density multiple dwellings and special needs housing to achieve a high intensity of residential use. A minimum Floor Space Ratio of 2.0 and maximum Floor Space Ratio of 4.0 will apply to all development and redevelopment. The predominant land use will be multiple residential, but it is intended that complementary non- residential land uses may be permitted to locate internal to a multiple residential building in this land use designation subject to any locational criteria and the appropriate zoning being in place. The City will encourage and support complementary non-residential land uses to be mixed with multiple residential uses at a scale and in appropriate locations within lands designated High Rise Residential. The proposed variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the R-9 front yard setback is to require pedestrian -scaled building massing along the base of buildings, with upper storeys being setback in a step-like fashion. The proposed building has a defined podium base that meets the setback requirement outlined in the by law, and the remaining building is stepped back from the podium in a straight vertical projection form. The proposed design promotes an adequate interface with the existing surrounding buildings and the streetscape itself. The intent of the exclusive use patio area for all ground units within a multiple dwelling is to provide each unit with private amenity space to use for their own personal use. The proposed development is providing large amenity spaces both outside and inside the building that the residents would be able to use at their leisure. It is the opinion of staff that both variances meet the general intent of the Zoning By-law. Is the Variance Minor? The variances can be considered minor, as it is the opinion of staff that the setback continues to provide an adequate location for the proposed building and encourages good urban design. The additional amenity space that is being provided on site for the residents of the development will be available to the units without private amenity space and will not present any other significant impacts to the development or residents within the area. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed development 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 February 27th, 2021. Photo of Subject Property (Front views) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. Environmental 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: Minor variance application A2018-047 Site Plan - SP19/106/H/BB An updated site plan application has been submitted and is under review by staff. February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-29 SUBJECT: Consent Application B2021-009 104 Fifth Avenue Owners: Zoran Bogunovic Applicant: Zoran Bogunovic RECOMMENDATION: That application B2021-009 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 $$4,627.14.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 provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner 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 a 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 enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning. 10. 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. LOT 10i � LOT I40 LLT 3J I N PS"I S' 33" C FIFTH A'WENUE Proposed lot fabrics Location Map: 104 Fifth Avenue 9. I ! 4 REGISTERED PLAN 254 PROPOSED PROPOSED RETAINED � LANDS LOT 149 a Zo $ jIj • il;s fj39 G5B 16.1-1 N PS"I S' 33" C FIFTH A'WENUE Proposed lot fabrics Location Map: 104 Fifth 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 remain on the retained lands and a new single detached will be constructed on the severed lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area 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 10.06 metres, a depth of 40.38 metres, and an area of 406.2 square metres. City Planning staff conducted a site inspection of the on February 26, 2021. Existing single detached dwelling at 104 Fifth Avenue 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. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. 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. Building permit(s) will be required for the construction of the new residential building. Heritage Comments: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: The owner is required to enter into an agreement registered on title of both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to grading, building permit etc. 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 Eric Riek (eric.riek(o-)-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 a 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 $4,627.14. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.059m) at a land value of $9,200 per frontage meter. An existing Street Tree is located in the boulevard of 104 Fifth Ave. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. 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. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a,regionofwaterloo.ca 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, 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. *011YA Qe7i [o7 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. 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 13.2.4.7 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 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive 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: 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 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)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicinq Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." *011YA Ell 1i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, 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) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 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, 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 Region of Waterloo 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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)." 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 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: March 5, 2021 REPORT NO.: DSD -2021-30 SUBJECT: Consent Application B2021-010 54 Third Avenue Owners: Dragan and Nina Markovic Applicant: Dragan and Nina Markovic RECOMMENDATION: That application B2021-0010 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 $$4,627.14.The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner 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 obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the two lots. 10. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction and approval of the City's Director of Planning showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures that are to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the City's Director of Planning." 11. 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. 20 17 T€i 4 RD AVENUE Proposed lot fabrics 54 m P* N 233 1'51D F' o. z. REGISTERED PL—AM 2 PROPOSED RETAINED SEVERANCE LANDS o LOT 37 ou vh 3 W � Q � � � f EM IST 9 NG �f4�m1 ITfi d[ M4 WYFO3 d 1 O. O59 I {S- 95a 20 17 T€i 4 RD AVENUE Proposed lot fabrics 54 m P* Location Map: 54 Third 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 replaced with new single detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots. The severed lot would have a lot width of 10.059 metres, a depth of 40.06 metres, and an area of 402.8 square metres while the retained lot would have a lot width of 10.058 metres, a depth of 40.01 metres, and an area of 402.5 square metres City Planning staff conducted a site inspection of the property on February 26, 2021 Existing single detached dwelling at 54 Third Avenue 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. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. 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: Heritage staff has no cultural heritage concerns with the proposed application. Environmental Planning Comments: The owner is required to enter into an agreement registered on title of both the severed and retained lands to submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior to grading, building permit etc. 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 Eric Riek (eric.riek(o-)-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 a 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 $4,627.14. Park Dedication is calculated at 5% of the new development lot only, with a land valuation calculated by the lineal frontage (10.059m) at a land value of $9,200 per frontage meter. An existing Street Tree is located in the boulevard of 54 Third Ave. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided. 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. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a,regionofwaterloo.ca 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, 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. *011YA Qe7i [o7 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. 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 13.2.4.7 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 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive 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: 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 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)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicinq Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." *011YA Ell 1i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, 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) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 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, 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 Region of Waterloo 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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)." 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 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 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 2 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-028 SUBJECT: Consent Application B2021-011 Fairway and Woolner Trail Owner — Grand River Conservation Authority (GRCA) Applicant — Kevin Muir, GSP Group RECOMMENDATION: That Application B2020-011 proposing to sever a parcel that is approximately 6.92 hectare (17.1 acre) in size, be deferred to the April 20, 2021 Committee of Adjustment meeting. REPORT HIGHLIGHTS: The application proposes to sever a parcel that is approximately 6.92 hectares (17.1 acres) in size from a larger parcel of land owned by the Grand River Conservation Authority (GRCA), for the purposes of sale to the Waterloo Catholic District School Board. In 2010, the GRCA Board declared this portion surplus to the Authority's objectives and directed GRCA staff to proceed to prepare the sale of this site. *** 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 proposed severed lands are designated as Mixed Use and Low Rise Residential in the Official Plan and identified as a Neighbourhood Node and Community Area on the City's Urban Structure Map. The proposed served lands are zoned as Agricultural Zone (A-1) with Special Use Regulation 69U and Regulation 107R (site specific regulations for the former pit operations). The proposed retained lands are designated as Natural Heritage System in the Official Plan and identified as a Green Area on the City's Urban Structure Map. The proposed retained lands are zoned as Hazard Land Zone (P-3). REPORT: Planning Comments: While a future Official Plan Amendment, Zoning By-law Amendment, and a Site Plan application are expected to be submitted by WDCSB in future, the proposed severed lands do not meet the minimum lot width and area requirements of the Agriculture (A-1) Zone. A minor variance application is also required. The subject lands are adjacent to a cultural heritage resource. The property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study. An HIA was submitted and is on the agenda for information and comment at the April 6th Heritage Kitchener advisory committee meeting. Planning staff would appreciate additional time to discuss Regional comments to determine if some requirements are best deferred to future development applications. For these reasons, Planning staff is recommending deferral of these applications to the April 20, 2021 Committee of Adjustment Meeting. Building Comments: The Building Division has no objections to the proposed consent. Transportation Comments: Transportation Services will require the installation of a concrete sidewalk or multi -use trail along Woolner Trail through the site plan process. Therefore, there will be no requirement for funds for future sidewalk along the Woolner Trail frontage of the severed portion of the property. Heritage Comments: The subject land located at the south east corner of Fairway Road and Woolner Trail, owned by the Grand River Conservation Authority (GRCA), is located adjacent to a cultural heritage resource. The property municipally addressed as 80 Woolner Trail is designated under Part IV of the Ontario Heritage Act, subject to a Heritage Conservation Easement Agreement, and identified as a significant Cultural Heritage Landscape in the 2014 Cultural Heritage Landscape Study. As part of the pre -submission consultation process, heritage planning staff identified the requirement for the submission of a Heritage Impact Assessment to address potential impact of the proposed official plan amendment, zone change and severance on the existing cultural heritage resource and its heritage attributes. Staff advised that the HIA may be circulated to the City's Heritage Kitchener advisory committee for information and comment. Staff recommended that the HIA be coordinated among all planning applications, especially if they are made concurrently or in close succession. An HIA was submitted electronically on February 18, 2021. The HIA is dated February 2021 and prepared by McCallumSather. Heritage planning staff were unable to schedule the HIA for information and comment at the March Heritage Kitchener advisory committee meeting as the agenda was full and had already been distributed to the public. Heritage planning staff will schedule the HIA for information and comment at the April 6th Heritage Kitchener advisory committee meeting. The consent application (82021-011) proposes to sever a portion of the lands for the construction of a new school. Additional applications are required to facilitate the construction of a new school, including: a zoning by-law amendment and site plan. Heritage planning staff will commence review of the HIA, seek information and comments from the Heritage Kitchener advisory committee in April, and implement recommendations of the approved HIA through future planning applications. As a result, heritage planning staff has no concerns with the current consent 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. 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 Eric Riek (eric.riek@kitchener.ca). Any new driveways are to be built to City of Kitchener or Region of Waterloo (depending on driveway location) 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 outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division. 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. 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. All Engineering conditions will be addressed through the future site planning process Operations Comments: As per section 3.2.8 of the current Parkland Dedication Policy, the applicant is exempt from parkland dedication requirements. Any changes to the current application may require a revised parkland dedication. Environmental Planning Comments: Environmental Planning has no concerns as the lands designated Natural Heritage Conservation will be retained by the GRCA and a Tree Preservation / Enhancement Plan can be submitted with the ZBA. Regional Comments: Noise Regional Staff notes that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff notes that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow.Permitcentral.ca/Permit/GrouPApply?grouPId=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off-site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements Regional Staff notes that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection Regional Staff notes that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff notes that a Salt Management Plan was identified as part of the pre -submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. Water Services Regional Staff advises 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff notes there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning Regional Staff notes there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff notes there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Reauirements Traffic Impact Study (TIS) / Access Regulation Regional Staff notes a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www.regionofwaterloo.ca/en/living-here/resources/Design-Standards/Transportation Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial-Access-Permit- Application Site Grading and Stormwater Management Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff notes it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicing Report A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit/ Municipal Consent Regional Staff notes that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: httas://rmow. Dermitcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on-site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. 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. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a,regionofwaterloo.ca 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, 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. *011YA Qe7i [o7 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. 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 13.2.4.7 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 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive 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: 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 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)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicinq Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." *011YA Ell 1i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, 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) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 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, 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 Region of Waterloo 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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)." 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 .and R►��°� C? � �ation P� 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 PLAN REVIEW REPORT: Dianna Saunderson City of Kitchener DATE: FILE: March 1, 2021 Severance — Fairway Road North at Woolner Trail RE: Consent Application B2021-011 Fairway Road North at Woolner Trail Waterloo Catholic District School Board 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 Grand River and its floodplain. The GRCA currently owns the property, but the purpose of this letter is to advise on the natural hazard aspect of the application. 2. Legislative/Policy Requirements and Implications: Due to the presence of the river and 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 proposed severed parcel is outside of the floodplain, and more than 5 metres away from the regulatory floodplain. As such, the severed parcel would not be regulated by the GRCA, and we have no concerns with the application from a natural hazard perspective. 3. Review Fees: This application is considered a minor consent, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $430. An invoice will be sent 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(a-)grandriver. 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 Attachment C. C. Kevin Muir, GSP Group Page 2 of 2 +T+ N (_ Z < 'L O LL O N0 _ U Q o� o o v- E C'4 Q it �� N 7 s Q U Q (7 (7 O n e = Q LL fB (7 r Q Q 3`o E r ogv�Eo ` to O w L_ O > 6 U° a6 � Y o - r� (6 L d' -6 N m (D s -- r m C e p N a C� o �° Q (D ami mF `� a s -vo � w Q .0 Q 6 .� E o E EQ ° `ovoo -w 3 m m 0 m o Q Q Q o o C o n e E a.>_?. v=3 C—:) (7 U (7 w U) w .. o o_ o ,� C O o a -°i a -°i m ` m (D Q Q .a) .a) .a) .a) Q o .. _ .. o - ` A O i Z m m -° �? °' Q Q (D(D(D 4 w` w` w` w` N o Q u o A E o - Y Y Y Y a u -v� LLo N U) qaLL � cE .c a L. O ' O 3 { rn t � N PA c o \i O rr 4\Y a /r _7 N c (3) fe 06 cl o) Q-.'tl4g f T^ u6 C 7C4 v z March 4, 2021 Ms. Dianna Saunderson Secretary -Treasurer Committee of Adjustment Kitchener City Hall 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Saunderson, Re: Committee of Adjustment Application B 2021-011 I am the owner of in the City of Kitchener. I appreciate your sending me the notice of the Committee of Adjustment meeting for Tuesday, March 16th at 10 am. Although I am unable to attend this meeting, I thought that it was important to respond in writing with my comments. My interest is with regards to Application B2021-011 which deals with the vacant land on the east side of Fairway Road North at Woolner Trail owned by the Grand River Conservation Authority. While I may be in general agreement with the proposal to sever the subject land parcel, I do have some concerns and questions which are shared by other residents in the Woolner Trail Community. The concerns relate to the Catholic School proposed on the parcel of land to be severed. We have been in touch with the staff at the Waterloo Catholic District School Board regarding several issues including those outlined below. • Access onto Fairway Road • Increased traffic volumes and congestion on Woolner Trail • Type of fencing to demarcate the school site • Building orientation on the subject property • Insurance coverage implications at the Woolner Farmstead We feel that these are real and practical concerns that require attention as the school use will negatively impact out neighbourhood significantly. We appreciate the Committee's attention to our concerns. Sincerely, I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 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 8 DATE OF REPORT: March 8, 2021 REPORT NO.: DSD -2021-27 SUBJECT: Consent Application B2021-012 & B2021-013 140-148 Weichel Street Owner- Timothy Ridge Building and Design Ltd. Applicant: - Rebecca Hallman RECOMMENDATION: That application B2021-012 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. That application B2021-013 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 provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: There are 2 applications identified in this report. The ownership and requests are identical. For each application, the applicant is requesting to create a lot by severing a property containing a semi- detached duplex dwelling. The semi-detached duplex dwellings are currentiv under construction. Location Map: 140-142 Weichel Street & 146-148 Weichel Street 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 Six Zone in Zoning By-law 85-1. On August 21, 2018, the Committee of Adjustment approved severance application B2018-048 & B2018-049 to sever a vacant parcel of land into 3 lots addressed as 140, 146, and 152 Weichel Street. The intent was that 140 & 146 Weichel Street would be developed with semi-detached duplex dwellings, and further be severed to allow individual ownership of each side. The applicant has obtained building permits for the construction of 2 semi-detached duplex dwellings. The subject applications are now to further sever the 2 lots created in 2018 to allow individual ownership of each side of the semi-detached duplex dwelling. Planning Comments: The Owner is requesting permission to sever each semi-detached duplex dwelling to create separate ownership of each half. 140-142 Weichel Street: The severed lot would have a lot width of 7.6 metres, a depth of 37.10 metres, and an area of 276.79 square metres. The retained lot would have a lot width of 7.6 metres, a depth of 38.04 metres, and an area of 279.96 square metres. City Planning staff c - onducted a site inspection of the property on February 24, UU Y ri i 1 i • P 2021. Semi-detached Duplex Dwelling Under Construction at 140-142 Weichel Street (February 24, 2021) - 4h Semi-detached Duplex Dwelling Under Construction at 146-148 Weichel Street (February 24, 2021) With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots is desirable and appropriate. In both applications, the use of the severed and retained parcels is 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. Building Comments: The Building Division has no objections to the proposed consent. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: No environmental planning concerns. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Arrangements for funds for future sidewalk was taken in a previous consent application B 2018-048. Engineering Comments: Engineering has no concerns. All required servicing work has been completed with original severance. Operations Comments: Parkland dedication is not required for this application as parkland dedication has already been taken on this property. STRATEGIC PLAN ALIGNMENT: Proposed lot fabrics 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: B2018-048 B2018-049 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a,regionofwaterloo.ca 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, 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. *011YA Qe7i [o7 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. 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 13.2.4.7 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 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive 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: 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 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)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicinq Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." *011YA Ell 1i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, 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) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 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, 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 Region of Waterloo 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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)." 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 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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 I Staff Report` Itis i z��:I� Develo n7ent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 16, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Dumart, Craig, Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: March 4, 2021 REPORT NO.: DSD -2021-31 SUBJECT: Consent Application B2021-014 Minor Variance Applications A2021-024 & A2021-025 172 Windale Crescent Owners: Manpreet and Jaspal Virk Applicant: Boban Jokanovic RECOMMENDATIONS: That Minor Variance Applications A2021-024 & A2021-025 requesting that the severed and retained lots provide a lot area of 220 square metres rather than 235 square metres be approved; That Application B2021-014 for consent to sever an existing lot into two lots be approved subject to the following conditions: 1. That Minor Variance Applications A2021-024 & A2021-025 receive final approval. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division; 3. That the owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing 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 obtains a demolition permit to the satisfaction of the Chief Building Official and removes the existing dwelling prior to the creation of the two lots. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The consent application is requesting to create a lot by severing an existing lot into two equal sized lots. Two minor variance applications are also required to reduce the severed and retained lots lot area from 235 square metres to 220 square metres. Proposed lot fabrics with future semi-detached dwellings LOT 5 .44735'1 ."E 26- i 04 M _ 756 � I � � z 'b �� rraaesm xr' P::..... ow. hn5 IS:9e6 RET,v NEf7 LOT W. N I I CF4 C_.3 m� :-3.3>.I fy r� U m LJL_____ U7 ---- r-----1� w I wrrma e�: annm LOT 1 ¢ U 2onir�: R-9 arm: aaaa m' J -----�J 21p I LL � n--- r-�r------• F I B�TERE6 3 4`� Z M1 I ocra°hcrca a'i ng � I CFA. 5:.4 m';-01.6311 � y LJL-----Z—.-- I F.xao.om, a.sa —J 716 2 N 47"f 1 °f 5"E 25,13& BLOCK 4�3 IP@ I Proposed lot fabrics with future semi-detached dwellings Location Map: 172 Windale 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 with Special Regulation Provision 443R 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 semi-detached dwellings on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width, depth, and area in this neighborhood. The Owner is requesting permission to sever the subject lands into two lots to construct semi- detached dwellings (82021-014). The severed lot would have a lot width of 7.72 metres, a depth of 26.138 metres, and a lot area of 220 square metres. The retained lot would have a lot width of 8.429 metres, a depth of 26.1 metres, and a lot area of 220 square metres. The applicant is requesting relief from Section 38.2.2 of the Zoning By-law to allow the severed and retained lots to have a lot area of 220 square metres whereas 235 square metres is required for each lot (A2021-024 & A2021-025). City Planning staff conducted a site inspection of the property on February 26, 2021. Existing single detached dwelling at 172 Windale Crescent Minor Variance Applications - A2021-024 & A2021-025 In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. 1. Does the proposal maintain the general intent and purpose of the Official Plan? The requested variances meet the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variances to permit reduced lot areas for the retained and severed lots 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 variances conform to the designation and it is the further opinion of staff that the requested variances are appropriate. 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The requested variances to reduce the required lot area for the retained and severed lots from 235 square metres to 220 square metres meet the general intent of the Zoning By-law. The purpose of the minimum 235 square metre lot area requirement is to ensure the lots are of adequate size to support a building envelope and parking, as well as to provide adequate amenity space on site. The proposed semi-detached dwellings meet all other zoning regulations with regards to setbacks, parking, building height, lot coverage and all proposed lots provide a generous amount of amenity space in the rear yard. As such, staff is satisfied the reduction of 15 square metres of lot area meets the general intent of the Zoning By-law. 3. Is the proposal desirable for the appropriate development or use of the land? The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The reduced lot areas will not negatively impact the character of the subject property or surrounding neighbourhood. 4. Is the proposal minor? The reduction of the lot area is considered minor. Staff is of the opinion that the requested variances will provide sufficient lot area for future dwellings, with adequate amenity space and parking and will not negatively affect the adjacent properties or surrounding neighbourhood. Consent Application — B2021-014 With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. While the retained and severed lands require a minor variance, 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. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The lands front onto a public street and full services are available. Building Comments: The Building Division has no objections to minor variance applications or 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: Heritage staff has no cultural heritage concerns with the proposed applications. Environmental Planning Comments: Environmental Planning staff has no concerns with the proposed applications. Transportation Services Comments: Transportation Services has no concerns with the proposed applications. Engineering Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • 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 Eric Riek (eric.riek(a)-kitchener.ca). • Any new driveways are to be built to City of Kitchener or Region of Waterloo (depending on driveway location) 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 a forcemain to the property line and have a gravity sewer from the property line to the street. Operations Comments: Parkland dedication has been satisfied through Kitchener Draft Agreement (KDA) 30T-04207 and is not required for this application. An existing Street Tree is located in the boulevard of 172 Windale Cres. Tree protection is required on all trees during construction work as indicated in city bylaw 690.4.2 Protection - Trees on City Property in accordance with the following: "It shall be the responsibility of the person or persons in charge of any lot on which the construction, alteration or demolition of any building is taking place, to take adequate steps for the protection of any trees on City property within 6.09 metres (20 feet) of any such lot and no such work shall be commenced until such protection has been provided." 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. PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Region of Waterloo Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwate rloo.ca Matthew Colley 575-4757 ext. 3210 D20-20/21 KIT March 5, 2021 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2021-009 to 62021- 014 Committee of Adjustment Hearing March 16, 2021 CITY OF KITCHENER B2021-009 104 Fifth Avenue Zoran Bogunovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created, prior to final approval of the consent. Airport Zoning: The owner/applicant is advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore the land and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard please contact Kevin Campbell, Project Manager, Airport Construction and Development at 419-649-2256 ext. 8511 or KCam pbell(a,regionofwaterloo.ca 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. The Region has no objection to the proposed application, 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. *011YA Qe7i [o7 54 Third Avenue Dragan and Nina Markovic The owner/applicant is proposing a severance to create a new residential lot. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. 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 13.2.4.7 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 300 metres of Highway 7/8 and within 200 metres of King Street Bypass/Kingsway Drive 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: 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 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)." B2021-011 Fairway Road and Woolner Trail Grand River Conservation Authority The owner/applicant is proposing to sever a surplus 6.92 hectare portion of land from the larger GRCA parcel (17.4 hectares) for the conveyance of a new school site for the Waterloo Catholic District School Board. Regional Staff note that a formal pre -submission meeting for an Official Plan Amendment, Zoning By -Law Amendment and Consent were issued in January 2019 for the development of the subject lands. Requirements identified at this pre -submission are being secured via the consent process as applicable. Noise: Regional Staff note that the proposed school development including any daycare facility, if any, will be impacted by potential transportation noise from traffic on Fairway Road North (RR #53) & the airport. Regional Staff note that the portions of the severed lands also fall within the NEF contour 25-30 of the Region of Waterloo International Airport. A detailed environmental noise study will be required to assess the impacts of transportation noise and the mitigation measures required for the proposed severed lands. The recommendations of the noise study will be implemented through an agreement with the Region of Waterloo. The noise consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data including traffic forecasts and truck percentages for Regional roads. The application for Noise Assessment Application is available at: https://rmow. perm itcentral.ca/Permit/GroupApply?groupld=3 The owner/applicant must also complete a Stationary Noise study for the proposed severed lands to determine the impact of stationary noise sources on on-site and off- site receptors and if necessary, enter into an agreement with the City of Kitchener or Region of Waterloo to implement the recommendations of the noise assessment. Notwithstanding the requirements for an environmental/stationary noise study for the severed lands, Regional Staff require the owner enter into an agreement with the Regional Municipality of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". Record of Site Condition: A Record of Site Condition (RSC) for the proposed severed and retained lands is required prior to final approval of the subject application. This is a result of the former aggregate use on the adjacent property. A copy of the RSC and a copy of the Acknowledgement Letter from the Ministry of the Environment, Conservation and Parks must be submitted to the satisfaction of the Region of Waterloo. Easements: Regional Staff note that the pre -submission process identified a number of easements on the subject lands (City/Region/GRCA) that were required to be addressed and removed if no longer required. The owner/applicant is required to remove these easements and provide the appropriate documentation to the satisfaction of the Region of Waterloo. Hydrogeology and Source Water Protection: Regional Staff note that the owner/applicant is required to decommission all wells and/or septic systems and monitoring wells on the property in accordance with Ontario Regulation 128/03 prior to site development, to the satisfaction of the Region of Waterloo. Regional Staff note that a Salt Management Plan was identified as part of the pre- submission consultation for the proposed development. The owner/applicant is required to enter into an agreement with the Region of Waterloo to secure implementation of a Salt Management Plan (SMP) prior to Site Plan approval for the proposed severed lands. Airport Zoning: The owner/applicant is advised that the lands, or a portion of the lands, are subject to the Region of Waterloo International Airport Zoning Regulations issued under the federal Aeronautics Act. The purpose of the Regulations is to prevent lands adjacent to or in the vicinity of the Region of Waterloo International Airport site from being used or developed in a manner that is incompatible with the safe operation of the airport or an aircraft; and to prevent lands adjacent to or in the vicinity of facilities used to provide services interference with signals or communications to and from aircraft or to and from those facilities. It is the landowner's responsibility to be aware, and to make all users of the land aware of the restrictions under these Regulations. This may include but is not limited to height restrictions on buildings or structures, height of natural growth, interference with communications, and activities or uses that attract birds. The owner/applicant is advised that the lands, or a portion of the lands, may be subject to Canadian Aviation Regulations Standard 621.19 issued under the federal Aeronautics Act. This Standard allows aviation officials to assess individual obstructions, namely buildings, structures or objects, to determine if they are likely to constitute a hazard to air navigation and consequently require marking and/or lighting in accordance with the Standards. Persons planning to erect an obstruction, namely a building, structure or object, including a moored balloon, either permanently or temporarily, should contact the Regional Manager, Aerodrome Safety (Ontario Region), Transport Canada at (416) 952- 0248 as early as possible and provide the necessary information on the planned obstruction using the Aeronautical Obstruction Clearance Form (#26-0427) issued by Transport Canada. 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 subject property will be located in Kitchener Eastside pressure zone with a static hydraulic grade line of 360 mASL. Any development with a finished road elevation below 308.6 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. Therefore, a PRV is required for both the current situation and after the HGL pressure zone adjustment. Regional Staff note there is a 450mm in diameter watermain on Fairway Road and a 150mm in diameter watermain on Woolner Trail. The owner/applicant should be made aware that no connection to Regional watermains will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Environmental Planning: Regional Staff note there is a Core Environmental Feature (Significant Woodland) as per the Regional Official Plan (ROP) across the Woolner Trail right-of-way which includes the Grand River Trail along the periphery of the feature. Given the Core Environmental Feature is more than 10 metres from the subject lands, and there are intervening land uses (road and trail), an Environmental Impact Statement (EIS) is not required. Regional Staff note there is a portion of the subject property along the Grand River, which is designated as a Significant Valley in the ROP. However, an EIS is not required under ROP policy. Regional Staff request that if the City of Kitchener requires an EIS at any stage of development that a copy be provided to Regional Environmental Planning Staff. In addition to any stormwater management plans and grading plans that may impact any of the identified features. Future Site Plan Requirements: Traffic Impact Study (TIS) /Access Regulation: Regional Staff note a Transportation Impact Study (TIS) will be required to assess the impacts of the proposed development on the existing road and intersections in the vicinity and the required improvements. The final locations of the entrances will be subject to the findings of the TIS report. A pre -study meeting with Regional & the City staff will be required to discuss the scope of the study. Detailed guidelines for Transportation Impact Study are available at: https://www. regionofwaterloo.ca/en/living-here/resources/Design- Standards/Transportation-Impact-Study-Guidelines.pdf Pending approval of the TIS, Functional Plan and Cost Estimates will be required for the identified road and intersection improvements. All costs related with the private entrance(s) will be owner's responsibility. Agreement to provide funds for any works related with the private entrance(s) will be required. Access Permit: Regional Staff will require a Regional Road Access Permit along with the applicable fee (currently $230) will be required for the proposed for any access to Fairway Road North (RR #53). Any access(s) on Fairway Road North must meet the Regional standards including the sight visibility for a commercial access. The final design and location of any entrance on Fairway Road will be subject to the findings of the TIS report, duly approved by the Region and the City staff. Application permit application is available at: https://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Perm it-Aaalication Site Grading and Stormwater Management: Storm sewers within the Regional road right-of-way are generally sized and designed to only accommodate stormwater from the right-of-way and in some instances off road surface drainage under existing conditions. A private stormwater connection to any storm sewer on Fairway Road North (RR #53) will be discouraged where an alternate stormwater connection is available, including infiltration if soil conditions and Source Protection under the Clean Water Act permit, or if it is determined that the Fairway Road North storm sewer does not have the sufficiency (condition and capacity) to accommodate private stormwater flows from this site. Regional Staff note it is the responsibility of the owner/applicant's engineering consultant to determine an appropriate stormwater outlet from this site and the sufficiency of the receiving storm system if there is no other option available and to include this information in the stormwater management report. The applicant or their consultant should contact Mr. Malcolm Lister, manager, Technical Services for the Region of Waterloo at 519-575-4432 or mlister@regionofwaterloo.ca to determine if any engineering plans and/or further technical information for Fairway Road North (RR #53) is available which may be of assistance. The owner/applicant must submit electronic copies of detailed Site Grading & Drainage Control Plan(s) and Site Servicing Plan(s) along with a SWM report for Regional review and approval. This should include drainage details for the subject property, abutting properties and the public road allowance so as to ensure compatible drainage and to show thereon all existing and proposed connections to the municipal storm sewers, sanitary sewers and water mains and all detailed erosion and siltation control features, all to the satisfaction of the Regional Municipality of Waterloo. Functional Servicinq Report: A Functional Servicing report will be required to ensure that the required services may be provided for the proposed development. Work Permit / Municipal Consent: Regional Staff note that Municipal Consent will be required for the installation of any new and update to/removal of the existing service connections. Also, a Region of Waterloo Work Permit must be obtained from the Region of Waterloo prior to commencing construction within the Region' s right of way. In this regard, for further guidance, please visit: https://rmow. perm itcentral.ca/ The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant complete a road traffic and aircraft noise study to indicate to the Regional Municipality of Waterloo methods to be used to abate road traffic and aircraft noise levels for the severed lands and, if deemed necessary by the Region, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 2) Notwithstanding Regional Condition 1 above, that prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo for the severed lands, to include the following warning clause on all offers to purchase and/or rental agreements: "Prospective purchasers and tenants are advised that the entire property comprising the severed lands are located within or in close proximity to one of the flight paths leading into and out of the Region of Waterloo International Airport and that directional lighting along this flight path may cause concern to some individuals". 3) That prior to final approval, the owner/applicant complete a stationary noise study for the severed lands to determine the impact of stationary noise sources on on- site and off-site sensitive receptors; and if deemed necessary by the Region, shall enter into an agreement with the City of Kitchener or the Region of Waterloo to provide for implementation of the accepted noise assessment attenuation measures, all to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a Record of Site Condition for the severed and retained lands, and that a copy of the RSC and copy of the Ministry of the Environment, Conservation and Parks Letter of Acknowledgement be submitted to the Region, to the satisfaction of the Region of Waterloo. 5) That prior to final approval, the owner/applicant removes any easements no longer required on the severed and retained lands, to the satisfaction of the Region of Waterloo. 6) That prior to final approval, the owner decommissions all wells and/or septic systems and monitoring wells on the property in accordance with O. Reg. 128/03 prior to site development, to the satisfaction of the Region of Waterloo. 7) That prior to final approval, the owner/applicant enter into an agreement with the Region of Waterloo, to complete a Salt Management Plan for the severed lands prior to Site Plan approval. B2021-012 140 and 142 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." 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 13.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2020. Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. B2021-013 146 and 148 Weichel Street Timothy Ridge Building and Design Ltd. The owner/applicant is proposing to sever an existing semi duplex building. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Victoria Street (Regional Road #55) and would be impacted from transportation noise. 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: a. "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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). " Record of Site Condition: Regional Staff note that the subject properties are identified a former landfill in the Region's Threats Inventory Database. Regional Staff note that the owner/applicant has previously completed a Record of Site Condition (#225578) and have no further concerns. 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. The dwelling unit(s) will be registered with the following noise warning clauses on title: "Purchaser/tenants are advised that sound levels due to increasing road traffic on Victoria Street South (Regional Road #55) and Westmount Road (Regional Road #50) 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)." *011YA Ell 1i C! 172 Windale Crescent Jaspal and Manpreet Virk The owner/applicant is proposing a severance to permit the construct of two semi- detached dwellings. 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. Noise: Regional Staff advise that the proposed severed and retained lots are located within close proximity of Highway 7/8 and Ottawa Street South (Regional Road #04) and would be impacted from transportation noise. Regional Staff require the following noise attenuation measures be implemented through a registered agreement with the Region of Waterloo, 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) That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. 3) The dwelling unit(s) will be registered with the following noise warning clauses on title: a. "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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). " Water Services: Regional Staff advise the subject property is located in Kitchener Zone 5 with a static hydraulic grade line of 407 mASL. Any development with a finished road elevation below 350.60 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, 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 Region of Waterloo 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 unit(s) must be installed with air -ducted heating and ventilation system, suitably sized and designed with provision of adding central air conditioning. b. That prior to issuance of a building permit, the City of Kitchener's building inspector or a qualified acoustical consultant will certify that the required noise control measures have been incorporated into the building plans. c. The dwelling unit(s) will be registered with the following noise warning clauses on title: "The purchasers/tenants are advised that despite the inclusion of noise control measures in the development and within the building units, sound levels due to increasing road traffic on Ottawa Street South/Highway 7 and 8 may continue to be of concern; and occasionally interfere with some activities of the dwelling occupants, as the sound levels exceed the Regional Municipality of Waterloo and the Ministry of the Environment, Conservation and Parks (MOECP) noise level criteria." 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)." 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 February 23, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP Kitchener, ON N2G 4G7 51 & 53 DAVID STREET (13) 08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting March 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-010 — 51 David Street — No Concerns. 2) A 2021-011 — 55 Franklin Street South — No Concerns. 3) A 2021-012 — 39 Crosby Drive — No Concerns. 4) A 2021-013 — 2 Crosswinds Drive — No Concerns. 5) A 2021-014 — 247 Lydia Street — No Concerns. 6) A 2021-015 — 11 Ian Ormston Drive — No Concerns. 7) A 2021-016 — 241 Simeon Street — No Concerns. 8) A 2021-017 — 90 Duchess Avenue — No Concerns. 9) A 2021-018 — 130 Samuel Street — No Concerns. 10) A 2021-019 — 30 Waterbow Trail — No Concerns. 11) A 2021-020 — 25 Margaret Avenue — No Concerns. 12) A 2021-021 — 331 Driftwood Drive — No Concerns. 13) A 2021-022 — 4278 King Street East — No Concerns. 14) A 2021-023 — 1430 Highland Road West — No Concerns. 15) A 2021-024 — 172 Windale Crescent (Retained) — No Concerns. Document Number: 3573963 1 Docs #3573963 16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2 Docs #3573963 C>'(avid Rry c3 a 4 ��~yation Pj March 4, 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 Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: March 15, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2021-010 51 David Street A 2021-011 55 Franklin Street South A 2021-012 39 Crosby Drive A 2021-013 2 Crosswinds Drive A 2021-014 247 Lydia Street A 2021-015 11 Ian Ormston Drive A 2021-016 241 Simeon Street A 2021-017 90 Duchess Avenue Applications for Consent B 2021-009 104 Fifth Avenue B 2021-010 54 Third Avenue B 2021-012 140-142 Weichel Street B 2021-013 146-148 Weichel Street B 2021-014 172 Windale Crescent Via email only A 2021-018 130 Samuel Street A 2021-019 30 Waterbow Trail A 2021-020 25 Margaret Avenue A 2021-021 331 Driftwood Drive A 2021-022 4278 King Street East A 2021-023 1430 Highland Road West A 2021-024 172 Windale Crescent A 2021-025 172 Windale Crescent 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�_grand river. 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