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HomeMy WebLinkAboutCA Agenda - 2021-11-16COMMITTEE OF ADJUSTMENT UNFINISHED BUSINESS AGENDA November 16, 2021 - 10:00 a. m. CONSENT APPLICATIONS: Submission No.: B 2021-054, A 2021-116 & A 2021-117 Applicant: Pero and Mirjana Perencevic Property Location: 74 Rutherford Drive Legal Description: Part Lot 7, Registered Plan 742 The Committee was advised the applicant requested permission sever a parcel of land having a width of 14.326m, a depth of 60.350m, and an area of 864.57sq.m. The retained land having a width of 8.53m, a depth of 60.35m, and an area of 514.79sq.m. Permission is also requested to grant minor variances for the retained land to allow a duplex dwelling to be constructed on a lot having a width of 8.53m rather than the required 9m. Permission is also requested to grant minor variances for the severed land to allow the construction of semi-detached dwellings to have lot widths for each dwelling of 7.16m rather than the required 7.5m. THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St w NOTICE OF HEARING Box 1118 i,•�— � 1l Kitchener ON N2G 4G7 K-1-CHENER 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 November 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 www.kitchener.ca/watchnow. 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 November 15, 2021. To register please email CofAakitchener.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 November 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. If you are unsure whether you would like to speak but would rather listen and watch the meeting with the option to comment on a particular application, please register with the Secretary -Treasurer (information provided above). You will not be required to speak if you choose not to. Copies of written submissions and public agencies' comments are available on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2021-121 — 389 Robert Ferrie Drive Permission to construct stairs for an existing deck for a single detached dwelling having an interior side lot line setback of 0.35m rather than the required 0.75m. A 2021-122 — 256 Belmont Avenue West Permission to convert an existing single detached dwelling into a duplex having a parking space 2.85m setback from the street line rather than the required 6m. A 2021-123 — 449 East Avenue Permission to add the use "Manufacturing" (beverage making) with accessory retail sales to the subject lands to allow for a home business to operate from a single detached dwelling; and, to legalize the existing one - storey garage having a 0.55m side yard setback rather than the required 1.2m. A 2021-124 — 184 Lakeside Drive Permission to construct a parking space for a single detached dwelling having Om rather than the required 6m from the street line to facilitate the conversion of the existing garage into an office space for a home business. A 2021-125 — 741 King Street West Permission for a 228 -unit multi -residential dwelling under construction having a visitor parking rate of 12.8% (20 spaces) where 20% (32 spaces) is required. Pagel of 3 A 2021-126 — 59 Frey Crescent Permission to construct a deck in the rear yard of a single detached dwelling having a northernly side yard setback of 1.14m where 1.2m is required; a southernly side yard setback of 0.92m where 1.2 is required; and, a rear yard setback of 3.72m where 7.5m is required. A 2021-127 — 1084 Union Street Permission to construct a second driveway in the easterly side yard of an existing single detached dwelling on a lot having a width of 29.71 m, whereas the By-law requires a property to have a width exceeding 30m wide to permit a second driveway. A 2021-128 — 1333 Weber Street East Permission to construct a mixed use commercial/residential development including 4 buildings which will be constructed in phases having a total of 622 -residential units having a residential parking rate of 0.8 spaces/unit (501 spaces) rather than the required 0.9 spaces/unit (560 spaces) with 40 spaces devoted to commercial uses. Minor Variance A 2020-012 was previously approved for the site to allow for a parking reduction of 0.85 spaces/unit. A 2021-129 — 106 Belleview Ave Permission to convert an existing duplex dwelling into a triplex where the By-law does not permit a triplex as a permitted use. B 2021-058 — 30 Third Avenue Permission to sever a parcel of land to construct a single detached dwelling on each lot. The severed land identified as red on the plan submitted with the application having a width of 10.06m, a depth of 40.23m, and an area of 405.4sq.m. The retained land identified as green on the plan submitted with the application having a width of 10.06m, a depth of 40.23m, and an area of 404.1 sq.m. B 2021-059 —169 Fifth Avenue Permission to sever a parcel of land identified in red on the plan submitted with the application having a width of 10.06m, a depth of 57.91m, and an area of 582sq.m. The retained land identified as green on the plan submitted with the application having a width of 10.06m, a depth of 57.91 m, and an area of 582sq.m. The existing dwellings are proposed to be demolished. B 2021-060 — 75 Tillsley Drive Permission to sever identified as Parts 3 to 5 on the plan submitted with the application having a width of 71.5m, a depth of 140.1 m, and an area of 10,304sq.m. The retained land identified as Parts 1 and 2 on the plan submitted with the application having a width of 86.6m, a depth of 140.1 m, and an area of 16,102sq.m. and will continue to be used for a religious institution. B 2021-061 - 111 Schweitzer Street Permission to sever a parcel of land so each existing semi-detached dwelling can be dealt with separately. The severed land identified as Part 1 on the plan submitted with the application having a width on Schweitzer Street of 17.958m, a depth of 21.224m, and an area of 381.14sq.m. The retained land identified as Part 2 on the plan submitted with the application located having a width on Schweitzer Street of 15.578m, a depth of 21.269m, and an area of 331.33sq.m. B 2021-062 — 19-21 Wendy Crescent Permission to sever a parcel of land so each existing semi-detached dwelling can be dealt with separately. The severed land identified as red on the plan submitted with the application having a width of 10m, a depth of 34m, and an area of 340sq.m. The retained land identified as yellow on the plan submitted with the application located having a width of 10m, a depth of 34m, and an area of 340sq.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 Ontario Land Tribunal (OLT) 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 CofAakitchener.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. Page 2 of 3 Dated the 29th day of October, 2021. Sarah Goldrup Acting 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 OCTOBER 29, 2021. Page 3 of 3 Staff Report Dbvelo n7ent Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED DATE OF REPORT: REPORT NO.: SUBJECT: i www. kitchener ca Committee of Adjustment November 16, 2021 Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 Kelly-Ruetz, Richard, Planner (Policy), 519-741-2200 ext. 7110 Ward 4 November 4, 2021 DSD -2021-227 Minor Variance Application A2021-121 389 Robert Ferrie Drive Owner — Robert & Caley Spreitzer RECOMMENDATION: That minor variance application A2021-121 requesting relief from Section 5.6.1 of the Zoning By-law to permit steps in the side yard of an existing single detached dwelling to have a setback of 0.35 metres rather than the required 1.2 metres, be approved. Location Map: 389 Robert Ferrie 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 is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the Urban Structure Map. The applicant has an existing deck in the rear yard and has constructed a new set of stairs to access the deck. Relief is requested from Section 5.6.1 of the Zoning By-law to permit steps to have a 0.35 metre setback for steps from an interior side lot line, whereas 0.75 metres is required. Location of Proposed Steps from Existing Deck The property is zoned Residential Four (R-4) in Zoning By-law 85-1 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard setback for steps is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The intent of the 0.75 metre side yard setback is to ensure adequate access to the rear yard and maintenance of the stairs. The reduction in the interior side yard setback will have a minimal effect on rear yard access as the property is a corner lot and there is clear access from the frontage along Robert Ferrie Drive to the rear yard. Staff expects that the steps can be adequately maintained over the long-term with the proposed setback. No impacts to the neighbouring property are anticipated. a 1 rs l n � v b � V a � N a EXISTING 4'a7 STRUCTURE 0.35m setback r 4 H Ln 5.94 2 PROPOSED STEPS w FROM DECK TO 4, r GROUND LEVEL r 5.70 2 2 INSIDE SIDE BL QCK 12 7, o YARD LOT LINE {0.304 m RESERVE} m 4V EXISTING DECK p 11 SSM -384 PIN 22T54 — 2061 {LT} r` n• s_ -.ie P1N "I p5g (L. T) Location of Proposed Steps from Existing Deck The property is zoned Residential Four (R-4) in Zoning By-law 85-1 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard setback for steps is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The intent of the 0.75 metre side yard setback is to ensure adequate access to the rear yard and maintenance of the stairs. The reduction in the interior side yard setback will have a minimal effect on rear yard access as the property is a corner lot and there is clear access from the frontage along Robert Ferrie Drive to the rear yard. Staff expects that the steps can be adequately maintained over the long-term with the proposed setback. No impacts to the neighbouring property are anticipated. Is the Variance Minor? The reduction of the side yard setback for steps is considered minor. Staff is of the opinion that the requested variance will not restrict access to the rear yard or inhibit maintenance of the proposed steps. No negative impacts are expected to the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced side yard setback for steps will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on November 4, 2021 Robert Ferrie frontage of subject property, and steps leading to deck in side yard Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the deck stairs to a single detached dwelling and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: No concerns. Operations Comments: No concerns. Environmental Planning Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Via email only Dear Ms. Goldrup, x Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 A 2021-126 A 2021-127 A 2021-128 A 2021-129 741 King Street West 59 Frey Grescent 1084 Union Street X3-33 We er Street East 06 Be" view Avenue The above -noted applications are located ou �the Grand River Conservation Authority areas of interest. As such, we will not undertake a7w of th applicaticns 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 aherremanO-grand river. -a. 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD -2021-214 SUBJECT: Minor Variance Application A2021-122 256 Belmont Avenue West Owner & Applicant — Fremichael Haile & Saliem Weldegergis RECOMMENDATION: That application A2021-122 for 256 Belmot Avenue West, requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to allow for the first required parking space to be located 2.85 metres from the street line rather than the required 6.0 metres be approved. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a minor variance to facilitate the conversion of an existing single -detached residential dwelling into a duplex. The application is required that the first required parking space for the property be 2.85 metres from the Sandra Avenue street line, whereas 6.0 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. Figure 1: Location Map BACKGROUND: The subject property is located at the intersection of Belmont Avenue West and Sandra Avenue, in the Planning Community of Cherry Hill. Directly adjacent to the northwest and northeast of the subject land are singe detached residential properties. The surrounding area is characterized by a mix of uses — primarily low-density residential uses, with some commercial and open spaces. At present the subject property contains a single -detached residential dwelling and detached accessory structure. 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 lot is not currently subject to Zoning By-law 2019-051. The applicant is proposing to convert the existing single -detached residential dwelling into a duplex. To facilitate this change, the applicant is seeking relief to permit the first required parking space to have a setback of 2.85 metres whereas 6.0 metres is required. City Planning staff conducted a site inspection of the property on October 29, 2021. Figure 2: Front Elevation View of Existing Dwelling and Driveway 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 In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. The mix and integrating of innovative and different forms of housing to achieve and maintain low-rise built form is encouraged. The property is presently developed with a one -storey, single detached residential dwelling and one detached accessory structure in the rear yard. The requested variance will facilitate the conversion of this single detached residence into a duplex, which would provide a different type of housing form in the area while remaining low-rise and low-density. Further, within the Low -Rise Residential land use designation, emphasis is placed on built form being compatible with and respecting the massing, scale, design, and physical character of the adjacent properties and establish neighbourhood. The proposed variance will not adversely change the aforementioned elements of the subject property. Therefore, 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 general intent and purpose of the required 6.0 metre setback from a street line is to allow for a vehicle to be safely parking on a driveway without affecting the City right-of-way or surrounding properties. With the proposed reduction in setback, all required parking spaces would still be contained to the driveway on the subject property. Further, the safe movement of vehicles into and exiting the property would still be supported as the driveway is of a sufficient enough length and width and there is a second access point from Sandra Avenue. The requested variance is required largely because the subject property is a narrower corner lot. No native impacts to neighbouring lots is anticipated. As such, staff is of the opinion that the intent of the Zoning By-law continues to be maintained. Is the Variance Minor? The requested variance is minor, being only a 3.15 metre difference. No unacceptable or adverse impacts are expected to occur due to the requested variance either on the subject property itself on for the surrounding neighbourhood. Safe ingress and egress of vehicles to or from the property can still be accommodated and there will be no impact to the City right-of-way. The requested variance will legalize an existing condition. Is the Variance Appropriate? The requested variance will facilitate the conversion of a single -detached residential dwelling into a duplex, which is an appropriate development and use of the land. There are no anticipated negative impacts to adjacent properties or the surrounding neighbourhood. The safe operation of vehicles continues to be supported and the physical characteristics of the subject property and surrounding area will be maintained. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Given the existing nature of the parking area, Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: There are no engineering concerns. Environmental Planning Comments: There are no natural heritage or tree management policy issues associated with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Committee of Adjustment application A2016-043 to permit an existing driveway to be located 1.5 metres from the intersection of Belmont Avenue West and Sandra Avenue, rather than the required 9 metres, was submitted and approved June 21, 2016. Building Permit application 2021 127993 RD relating to interior alternations to convert the existing single detached residential dwelling into a duplex was submitted and is currently under review. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD -21-224 SUBJECT: Minor Variance Application A2021-123 449 East Avenue Owners/Applicants — Curtis and Holly Crossman RECOMMENDATION: That application A2021-123 requesting permission to allow a beverage making establishment with accessory retail sales as a home business in a single detached dwelling and requesting to legalize an existing side yard setback of 0.55 metres, be approved, subject to the following conditions: 1) That a Zoning (Occupancy) Certificate is obtained from the Planning division; 2) That a building permit is submitted to the Building division; 3) That the accessory retail is only permitted through the pass-through front window; 4) That accessory retail is only permitted 4 hours a day, 6 days a week; 5) That condition 1 to 4 be completed by January 1, 2023. 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. REPORT HIGHLIGHTS: The application is requesting relief from Section 5.13.1 of Bylaw 85-1 to add Manufacturing (beverage making) with accessory retail sales as a permitted home business in a single detached dwelling in accordance with the regulations in Section 5.13.2. Relief is also sought from Section 38.2.1 to legalize an existing side yard setback of 0.55 metres whereas 1.2 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. �A Location Map: 449 East Avenue BACKGROUND: owl— The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Area on the City's Urban Structure Map. The property is zoned as R-4 (Residential Four Zone) 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 as Low Rise Residential. The intent of the designation is to encourage a full range of housing types to achieve a low-density neighbourhood. The existing use of the property as a single detached dwelling with an accessory home business achieves this intent and therefore it is the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Zoning By-law restricting home businesses to certain types of occupations is to ensure that the home business is appropriate for a residential property and the surrounding area. The proposed home beverage making business is to be operated only by the applicants, who resides in the home. There will be no off-site employees. As well, there will be minimal customers coming to the premises to pick up goods, as the applicant has indicated that the product will be primarily delivered and advertised online, and the accessory retail is only requested to comply with Provincial requirements. Staff also notes that in the future, the new Zoning By-law 2019-051, will permit Catering Service Establishment as home businesses which allows for `the preparation of food or beverages on-site. Therefore, the use to prepare beverages on-site will be permitted in the future zoning of the area. Staff is of the opinion that the general intent of the zoning by-law is met. Is the Variance Minor? The proposed home business beverage making establishment and legalizing the existing side yard setback will have no impact on the property or the surrounding neighbourhood and it will be permitted in the future zoning of the area. Staff is of the opinion that the variance is minor. Is the Variance Appropriate? Staff is of the opinion that as the proposed beverage making use and legalizing the existing side yard setback will not negatively impact the subject property nor the surrounding neighbourhood and that the requested variances are appropriate. City Planning staff conducted a site inspection of the property on October 28, 2021. Existing single detached dwelling at 449 East Avenue. Building Comments: The Building Division has no objections to the proposed variance provided building permit for any required interior renovation is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Given the very limited operation as an on-site retail store, as well as the proposed business model outlined in the application by the applicant, Transportation Services does not have any concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning Comments: No environmental planning concerns. 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 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Vieira, Jessica, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD -2021-215 SUBJECT: Minor Variance Application A2021-124 184 Lakeside Drive Owner & Applicant: Asher Dreise & Marybeth Dreise RECOMMENDATION: That application A2021-124 for 184 Lakeside Drive, requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to allow for a required parking space to be located 0.0 metres from the street line whereas 6.0 metres is required, be approved subject to the following conditions: 1. That the owner applies for a Zoning (Occupancy) Certificate from the Planning division; 2. That the owner applies for a building permit prior to construction, to the satisfaction of the City's Building Division; 3. That the owner submits elevation drawings and agrees to implement the approved plans, to the satisfaction of the Director of Planning; and 4. That conditions 1-3 be completed by November 16, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to the completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a minor variance to facilitate the conversion of an existing garage into an office for a home operation. With the proposed conversion, a required parking space will no longer be within the garage but on the driveway. The application is requesting that the first required parking space for the property be 0.0 metres from the street line whereas 6.0 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. Figure 1: Location Map BACKGROUND: The subject property is located on the northern side of Lakeside Drive, in the Meinzinger Park - Lakeside Planning Community. Immediately adjacent to the east and west of the subject property are single -detached residential dwellings, while directly adjacent to the north is Lakeside Park. The surrounding neighbourhood is characterized predominately by low-density residential dwellings and some open space which contain natural features, including slope valleys. At present the subject lot contains a single -detached residential dwelling and two small detached accessory structures in the rear yard. A rear portion of the subject lands contains the regulated allowance adjacent to slope valley and erosion hazard associated with a tributary of Shoemaker Creek. As such this portion of the land is regulated by the Grand River Conservation Authority (GRCA) under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourse Regulation. There are no anticipated impacts to this regulated area due to the proposed application. GRCA provided comments which are outlined below. 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 lot is not currently subject to Zoning By-law 2019-051. The applicant is proposing to convert the existing attached garage into an office for a home occupation. As such, the first required parking space which is currently located within the garage is proposed to move to the driveway. To facilitate this change, the applicant is seeking relief to permit the first required parking space to have a setback of 0.0 metres from the street line, whereas 6.0 metres is required. The second required parking space will located beside the first one. It should be noted that there are minimal external physical changes associated with the proposed application. The applicant is proposing to replace the existing garage door with a large window and replace some of the existing paving of the driveway with landscaping (Figure 2). There are no other external changes proposed with this application. f .TMs Proposing a large wincTow. Filled in below with either black siding or carrying existing stone facade across to bottom of the window. Additionally, cutting bat� pavement and filling in with garden to hide any odd appearance of being prewgt a garage door- A9 oor. Figure 2: Visualiztion of the Proposed Window to Replace the Existing Garage Door City Planning staff conducted a site inspection of the property on October 29, 2021. Figure 3: Elevation of the Subject Property's Garage and Driveway 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 In the City's Official Plan, the intent of the Low -Rise Residential land use designation is to permit a variety of low-density residential uses. The property is presently developed with a one -storey, single detached residential dwelling and two detached accessory structures in the rear yard. This is a permitted use. Complimentary non-residential uses — such as the proposed home occupation — which serve the needs of residents, support the development of complete communities, and do not result in the loss of existing residential units are also permitted. Within the Low -Rise Residential land use designation, emphasis is placed on built form being compatible with and respecting the massing, scale, design, and physical character of the adjacent properties and establish neighbourhood. There are no major physical external changes being proposed and the existing massing, height, and other design characteristics of the property will remain the same. Further, the applicant has indicated their intention to replace the garage door with a window and improve the landscaped area of the subject lot to achieve a seamless transit in use. Therefore, 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 general intent and purpose of the 6.0 metre required setback from a street line is to allow for a vehicle to be safely parking on a driveway without affecting the City right-of-way or surrounding properties. With the proposed reduction in setback, the first required parking space would still be contained to the applicant's driveway. The driveways of the adjacent properties are of a sufficient distance from the subject properties driveway that visibility is not obstructed. The current driveway is double wide and could comfortably fit the two required parking spaces side by side. Further, short term parking is available on the street to accommodate clients. No negative impacts to neighbouring properties are anticipated due to the requested variance. As such, staff is of the opinion that the intent of the Zoning By-law continues to be maintained. Is the Variance Minor? The requested variance is minor in nature, as it is not expected to create unacceptably adverse impacts on the subject property itself or on adjacent lands. The proposed reduction in setback from the street line for the first required parking space will still allow vehicles safe ingress and egress without impacting the City right-of-way or the surrounding properties and neighbourhoods. Further, there will be minimal visual impact from the proposed variance. Is the Variance Appropriate? The requested variance will facilitate the establishment of a home office while the residential use of the property will remain the primary use. As such the variance is appropriate for the development and use of the land. There are no anticipated negative impacts to the adjacent properties or the surrounding neighbourhood. The safe operation of vehicles continues to be supported and the physical characteristics of the subject property and surrounding area will be maintained. Building Comments: The Building Division has no objections to the proposed variance provided building permit for renovation to the garage is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Given that the width of the driveway is enough to support two (2) parking spaces, as well as sufficient short-term, on -street parking to support clients, Transportation Services does not have any concerns with the proposed application. Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: There are no engineering concerns. Environmental Planning Comments: There are no natural heritage or tree management policy issues associated with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns with this application. Grand River Conservation Authority Comments: The Grand River Conservation Authority (GRCA) has no objections to this minor variance application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT — Planning Staff were contacted by residents of the surrounding community who were inquiring about the nature of the application and if there would be resultant changes to the surrounding streetscape. Clarification on what was being requested within this application was provided and concerns were appropriately addressed. There was no indicated provided to staff that there were outstanding issues which needed to be addressed. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA atrd Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w �- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion PLAN PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: October 29, 2021 YOUR FILE: A2021-124 GRCA FILE: A2021-124 — 184 Lakeside Drive RE: Application for Minor Variance A2021-124 184 Lakeside Drive, City of Kitchener Marybeth & Asher Dreise GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property contains the regulated allowance adjacent to slope valley and erosion hazard associated with a tributary of Shoemaker Creek. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is requesting a reduced parking space setback from the street line to facilitate a new home business within the existing attached garage. GRCA staff have no objections to the intent of the application and we do not anticipate any impacts to the adjacent features as a result of this application. Due to the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future development within the regulated area on the subject lands will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-124 - Pagel of 2 184 Lakeside Drive\A2021-124 - 184 Lakeside Drive.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. 3. Plan Review Fees: This application is considered a `minor' minor variance and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The applicant will be invoiced in the amount of $280.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: Asher Dreise (via email only) N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-124 - Page 2 of 2 184 Lakeside Drive\A2021-124 - 184 Lakeside Drive.docx .2:,N (D Q L Z \ L O W - 0 E�.. "-' Y (D c? U L Q ��a Q 3 `o E wx� n v c a o,o p Q U > m U ° � = Y - r� v�= - m D N > 'o D o (7 0 �° ° Q � (D �_ m (7 ami mF y t -= r a n _�o A �Ao > L v (D (D Q � _ _ Q -p N E o E EQ`� 'o onoo -w v 3� /L V N � XU .E co co U -J 3: 3: E: .0 co O E d Q sz U � sz o O r >. o rn E �- E '8 ?. m 3 v a- N N C (J U O d' 'X O d' N U` S? in S? (J N LL (n in N N Lu N N Q y N r Y - = = m p U N ai J�O 6 6 6 (D m m m .� m n Q Q W W Q U) > N j N io O %o O O j W W O F D Y W W Y Y2 O O O d K n v o c v> v ~ LL (n (n y n ~ o - � n co am�A.w � m 'o U O u U 5 c v F w r Z _ � O O O N O N _ O 0I C O 6 N Q O + O Y 1. Y n � U Id' � ro ro r N O ] V2 O 1V cl X Q t 4 HY" Z F- � } )U n Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: November 9, 2021 REPORT NO.: DSD -2021-220 SUBJECT: Minor Variance Application A2021-125 741 King Street West Owner — HIP 741 King Inc. Agent — MHBC Planning RECOMMENDATION: That Minor Variance Application A2021-125 for 741 King Street West, requesting relief from Section 6.1.2b)vi)B) of By-law 85-1 to reduce the percentage of visitor parking spaces from 20 percent (32 spaces) to 12.8 percent (20 spaces), be approved, subject to the following condition: 1. That this approval shall apply only to the development proposed through Site Plan Application SP18/033/K/DE. REPORT HIGHLIGHTS: The applicant is requesting approval of the subject Minor Variance Application to reduce the percentage of visitor parking spaces from 20 percent to 12.8 percent related to the redevelopment of the subject property with an 18 -storey multiple dwelling containing 228 dwelling units. BACKGROUND: The subject property is located on the southwest side of King Street West, between Agnes Street and Green Street, in the K -W Hospital Planning Community. A dental clinic and Kitchener - Waterloo Collegiate & Vocational School are located on King Street, to the northwest, and several commercial uses, health clinics, and King Edward Public School are located on King Street, to the southeast. Six low density residential properties are located immediately to the southwest, with frontage on Walter Street. The subject property is designated Mixed Use Corridor in the K -W Hospital Secondary Plan. In addition, the property is identified as being within a Major Transit Station Area (MTSA) on Map 2 (Urban Structure) of the 2014 Official Plan. The property is zoned High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provisions 158R and 499R in By-law 85-1. The *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. special regulation provisions do not apply to the subject variance request. It should be noted that the property is within the study area for the K -W Hospital / Midtown Neighbourhood Planning Review and is presently not subject to By-law 2019-051. The ION light rail transit system operates directly in front of the subject property and the Grand River Hospital Station is located approximately 400 metres to the northwest. The subject property has frontage on both King Street West and Walter Street. City Planning staff visited the property on October 28, 2021. IF dH it f 1 t •� A 3 "" _ "' � ' � H- lei ]r 4 a�a�a ii \ ti Yr T' � +� µ���,dr�'S"'d�t ✓"'III ri � I 0, 4a. b 441 .f d d�+ � .`�.... aur ai. `� .�' � $ �, • .t I ` t t Location Map (subject property is outlined in white) REPORT: Planning Comments: To facilitate a Site Plan Application for the construction of a residential tower on the subject property, on June 18, 2018, the Committee of Adjustment approved Minor Variance Application A2019-056 to allow a parking rate of 0.68 spaces per unit, rather than the required parking rate of 1 space per unit. The variance also permitted the encroachment of two supporting pillars within a Driveway Visibility Triangle. The variances were approved subject to the condition that the owner ensure that Transportation Demand Management measures are implemented as part of the Site Plan Application, including the provision of secure indoor bicycle parking, a dedicated car share parking space, and active uses at grade. On January 28, 2021, Site Plan Approval was granted (Site Plan Application SP18/033/K/DE) for the construction of an 18 -storey multiple dwelling with 228 dwelling units. The project is currently under construction. The development is planned to provide 156 parking spaces (94 garage spaces and 62 surface spaces), including 32 visitor parking spaces (surface). At this time, the applicant is requesting an additional variance, specifically, relief from Section 6.1.2b)vi)B) to reduce the percentage of visitor parking spaces from 20 percent (32 spaces) to 12.8 percent (20 spaces). It should be noted that the overall parking supply remains at 0.68 spaces per unit consistent with the previously approved variance. 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 and Purpose of Official Plan Test The following K -W Hospital Secondary Plan policies apply to the subject variance: Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods and 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. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Individual properties within Mixed Use Corridors shall be zoned to achieve this distribution of uses. In addition, the following Major Transit Station Area policies of the 2014 Official Plan apply: 13.C.8.1. Parking standards and regulations for all types of land uses will be provided in the City's zoning by-law. Specific uses may be required to provide easily accessible parking for electric and hybrid vehicles, carpool/vanpool/car share and bicycles. Minimum and maximum parking standards may be defined, as appropriate, to maximize the efficient use of land, and promote active transportation and the use of public transit. 13.C.8.2. The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. In the subject case, the general intent of the Official Plan is to ensure that adequate off-site parking is provided. The subject property is within a Major Transit Station Area (MTSA) and has excellent access to many alternate forms of transportation, including, for example, the ION system (Grand River Hospital Station is within 400m and Central Station is within 660m); GRT bus routes, including Routes 4 and 7; GO Transit (Weber Street Station is within 1.3km); and pedestrian and cycling facilities (e.g., Iron Horse Trail is within 750m and Spur Line Trail is within 950m). In addition, the Official Plan contemplates that Mixed Use Corridors will provide residential redevelopment opportunities. Planning staff notes that the construction that is currently underway (and that would be facilitated by the subject application) is considered redevelopment. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zoninq By-law Test In the subject case, the general intent of the Zoning By-law is to ensure that parking demand is met by adequate off-street parking is provided. See General Intent and Purpose of Official Plan Test section, above. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test Transportation Services advises that it has no concerns with the requested variance, noting that the subject property is near ION stations and the variance is in alignment with visitor parking regulations under By-law 2019-051 that will apply to this property in the future. In addition, there are an abundance of alternative forms of transportation, as outlined above. The requested variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. Desirability for Appropriate Development of the Land Test If approved, the requested variance would facilitate the redevelopment of the property with intensive, transit -supportive residential development — an objective of the K -W Hospital Secondary Plan. In turn, this redevelopment would assist in building the critical mass necessary to maintain and support transit ridership of the ION system. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified. Heritage Comments: There are no heritage planning concerns. Environmental Planning Comments: Any natural heritage or Tree Management Plan issues are being addressed as part of the Site Plan Application. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Services Comments: Engineering Services has no comments. Transportation Services Comments: Given the proximity to major transit stations (ION rail) and the alignment with the future regulations under ZBL 2019-051 (0.1 visitor spaces per unit), Transportation Services does not have any concerns with the request to reduce visitor parking from 32 spaces to 20 spaces. It should be noted that there is very limited on -street parking available in the immediate vicinity of the subject property. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Minor Variance Application A2019-056 • Site Plan Application SP18/033/K/DE Attachments: Attachment A — Approved Site Plan Drawing (with mark-ups to show variance request) Appendix A - Approved Site Plan Drawing (with mark-ups to show variance request) � m N U7 � QED dAEA � y Y 47 eRgu vA'S unosc O +.wosc�Ea nen � O N _j FE6ESTPipH GOMVECIbu O o iEOE 04NECT11 I ON C +W Wmom ... a—gi �i N m W�m�m2N�A �� niz"'F oPsn on osFi o 0 Yg Z y y m a � n M nm����m nzyq oyp"°oo�cn r � MM i Q l� 2 ri m� l~ ymiAZ A M 1 CMn O a m P F� y m A logia o Z M` � M � M c�o�y m ? _ r vmz amm o v szz 1 11F1 1 Ell plm l yp yr [n yy � sill m m Will RW Will 1sil 1 N n 3 no=' (n ➢ -'= �' W Hui H flip! fly m go . g. v -,6' �, w' — [n�� [n fyo' 'v $ � I'7l ry Ch W ~ AAz�pro ["tm� m . m �v Nis vv vv <—_ n `O m ,.q a�� S CZ � � m 2 D Elmm�°i ��� AAO Ew �vz ap evilova � � � ��� +ate ;'C� 7 a. v � m mda W1 `n ,a _ �' 23m 3 MEN "Ertnnl� 3 a`. OgggNy"!�Aa �Sb�A ni� ori G7 �_. �=O �, a.� h�gYy v y V 3 ��[T� � �Q b Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 September 27, 2021 Committee of Adjustment Coordinator City of Kitchener— Planning Division Zoo King Street West. 6th Floor P.O. Box 1118 Kitchener, ON N2G 4G7 RE: Application for Minor Variance 741 King Street West, Kitchener OUR FILE 1350J KITCHENER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON We are pleased to submit an application for a minor variance on behalf of HIP 741 King Inc. with respect to the property, municipally known as 741 King Street West in the City of Kitchener, hereinafter referred to as the "subject property". The subject property is currently under construction, with a planned 18 - storey residential apartment building. The purpose of the minor variance application is to seek a reduction in the required amount of visitor parking. The subject lands comprise an area of approximately 5,820 m2 and are located on the south side of King Street West, between Agnes Street and Green Street. The lands also have frontage on Walter St to the south, in two locations on either side of a series of 6 individual low rise residential lots. The lands are currently under construction, having received site plan approval in January 2021. Completion of construction is anticipated in June 2023. When completed, the 18 -storey building will contain 228 units, with 156 parking spaces. Vehicular access to the site will be provided from both King Street West (right -in, right -out) and Walter Street. Access to the parking garage is provided at the rear of the building. Surface parking is also proposed along the northwest side of the site and on top of the parking structure, at the rear of the site. No changes to the building, or site design is proposed as part of this variance. The subject lands are zoned High Intensity Mixed -Use Corridor (MU -3) in By-law 85-1. The City is in the process of updating its Zoning By-law and has approved new components in sections — not all of the new By-law is in force and effect and not all of the properties in the City are subject to the new Zoning By-law (including the subject lands, which are still subject to By-law 85-1). The new Zoning By-law 200-54o BINGE MANS CENTRE DRIVE/ KITCHENER /ONTARIO/ N2B 3X9 /T Sig 576 3650/ F Sig 576 0121 / WWW.MHBCPLAN.COM contains a separate section (Section 5) that regulates parking, including visitor parking. The new Zoning By-law regulates parking as follows: • No visitor parking is required for properties within the UGC zones; • A minimum of o.i spaces per unit is required for properties within the MIX zones • A minimum of o.l spaces per unit is required for all other properties, where the development includes more than 81 units As a result of a previous minor variance, parking is required at a rate of o.68 spaces per residential unit, including visitor parking which was required to be 20% of that supply. The 228 units required 155 parking spaces, of which 32 were required to be made available to visitors. The owner prefersto provide fewer visitor parking spaces as a portion of the overall supply in recognition of the site's context, allowing for more spaces to be made available to occupants of the residential units. The minorvariance application proposes the following distribution of parking: 136 parking spaces forthe 228 residential units 20 parking spaces for visitors The overall supply remains at o.68 spaces per unit consistent with the previous variance, however the percentage of visitor spaces is proposed to be reduced from 20% (32 spaces) to 12.8% (20 spaces). As such, avariance to Subsection 6.1.2.b)vi)B)to reduce the required amount of visitor parking for multiple dwellings from 20% to 12.8% is required. This is the only variance being requested. Planning Analysis In our opinion, the requested variance meets the requirements of Subsection 45(1) of the Planning Act. Our analysis of the requested variance with respect to each of the "four tests" is discussed below. 1. Does the variance maintain the general intent and purpose of the Official Plan? The subject lands are designated Mixed -Use Corridor in the KW Hospital Secondary Plan. The Mixed -Use Corridor designation provides opportunities for residential redevelopment with appropriate commercial and institutional uses that primarily serve adjacent neighbourhoods. Multiple residential and office uses are permitted to a maximum Floor Space Ratio of 4.o. The proposed redevelopment is permitted in the Official Plan. The City's 2014 Official Plan contains policies regarding the supply of parking. More specifically one of the objectives of the Official Plan is: To reduce parking space demand in support of active transportation and transit and potential redevelopment of surface parking lots in intensification areas. Furthermore, Section 13.C.8.2 states that the City may consider adjustments to parking requirements for properties within an area or areas where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. While TDM measures are typically associated with reduced parking demand for residents, visitors to the site have excellent access to transit, including GRT routes and the ION LRT—two stations are within walking distance. There will still be 20 visitor spaces provided, but many visitors can arrive at the site via transit, walking or cycling (as well as other vehicular options, such as ride sharing). In summary, the proposed reduction in the supply of visitor parking maintains the general intent and purpose of the Official Plan. 2. Does the variance maintain the general intent and purpose of the Zoning By-law? The existing Zoning By-law (85-3.) includes visitor parking within the overall parking rate and requires that 20% of the required parking be made available forvisitors. The City's new Zoning By-law applies a lower rate, equivalent to 3.o% of the required parking (the MIX zone requires 3. space/unit of which 3.o% - or o.3./unit — are for visitors). The proposed variance includes 20 dedicated visitor parking spaces for 228 units, which is equivalent to o.og spaces per unit — which is almost equivalent to the new required rate. It also represents 3.2.8% of the overall supply of parking, which is more than the percentage equivalent of the new rate (3.o%). While the new Zoning By-law does not yet apply to the subject lands, it indicates Council's direction for less parking in key areas of the City that are well served by alternative forms of transportation, such as the subject lands. In our opinion, the general intent of the By-law is to provide an appropriate supply of visitor parking and in this regard, the proposed supply of visitor parking forthe subject lands maintains the general intent and purpose of the By-law. 3. Is the variance desirable for the appropriate use of the land, building or structure? The development is under construction. As discussed above, the site specific rate for visitor parking requires 32 parking spaces, which represents 20% of the overall required supply (3.55 spaces), while the new By-law requires o.3. per unit (or 3.o%). In our opinion, the higher visitor parking rate results in an oversupply of visitor parking for an urban location, with excellent access to transit and active transportation infrastructure. Providing 32 parking spaces out of a total supply of 3.56 spaces represents an oversupply of visitor parking and would have the unintended consequence of encouraging visitors to arrive by automobile, when there are otherviable options. A supply of 20 visitor parking spaces, which represents 3.2.8% of the overall supply balances the need to provide a sufficient supply on site, without discouraging alternative forms of travel for visitors to the property. In this regard, it is desirable forthe appropriate development of the lands. 4. Is the variance minor? The requested variance represents a visitor parking supply that is more in alignment with the City's new Zoning By-law. In our opinion, requiring 20% of parking spaces to be available to visitors is too high a rate. The supply of 20 spaces for a project of this scale, in this location with all of the alternative transportation options is appropriate. There will still be a significant number of visitor parking spaces on site, which will allow for visitors to the site that arrive by vehicle to avoid the need to use on -street parking. In this regard, the requested variance is minor in nature. For the reasons set out above, it is our opinion that the requested variance satisfies Subsection 45(3.) of the Planning Act and should be approved. In support of this application form i nor variance, please find enclosed the following: • A cheque for $3.,287.00 made payable to the City of Kitchener representing the application fee; • One (3.) digital copy of the minor variance application form; • One (3.) digital copy of the Site Plan; and • One (3.) hard copy of each of the form, Planning Letter and Site Plan. Wetrustthe enclosed is sufficient for acceptance ofthe minorvariance application and requestthatthe application be considered atthe nextavailable meeting ofthe Committee of Adjustment. Please do not hesitate to contact the undersigned should you require additional information. Yours truly, MHBC Trevor Hawkins, M.PL, MCIP, RPP Partner cc. HIP 741 King Inc. 4 Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16th, 2021 i www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: November 4th, 2021 REPORT NO.: DSD -2021-223 SUBJECT: Minor Variance Application A-2021-126 59 Frey Cres Owner — Surinder Kumar Valecha and Vandita Valecha RECOMMENDATION: That minor variance application A2021-126 requesting permission to construct a deck in the rear yard of an existing single detached dwelling having a left (North) side yard setback of 1.14 metres where 1.2 metres is required, a right (South) side yard setback of 0.92 metres where 1.2 metres, and a rear yard setback of 3.72m where 7.5m is required, be approved, subject to the following conditions: 1) That the Owner applies for a building permit from the Building Division. o y r t fi- 63 , Location Map: 59 Frey Cres *** 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 Community Areas in the Urban Structure Map. The property is zoned Residential Four (R-4) in the By-law 85-1. The applicant is proposing to renovate the existing single detached dwelling and building an attached covered deck at grade. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated Low Rise Residential in the City's Official which encourages a range of different forms of housing to achieve a low-density neighbourhood. The requested variance to permit a reduced side yard and rear yard setback is appropriate and continues to maintain the low-density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variance is appropriate. General Intent of the Zoning By-law The intent of the 1.2 metre side yard setbacks and 7.5 metre rear yard setback is to ensure that the overlook into adjacent properties is minimal. Due to the location of the property, the rear yard abuts an open space on the West side of the property. The covered deck is less than 0.6 metres in height and is at grade level which will not raise privacy concerns. Staff is of the opinion that the reduction in setbacks meets the general intent of the Zoning By-law. Is the Variance Minor? The reduction of the side yard setback is considered minor. Staff is of the opinion that the requested variance will not overlook into adjacent properties and will not negatively affect the adjacent properties or surrounding neighbourhood. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. A reduced side yard setback and will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on November 9t", 2021 Street view of 59 Frey Cres Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the cover deck to a single detached dwelling and is currently under review. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: No concerns. Operations Comments: No concerns. Environmental Planning Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 1611, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Zhang, Tara, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 51h, 2021 REPORT NO.: DSD -2021- 222 SUBJECT: Minor Variance Application A2021-127 1084 Union St Owner — Helene Mary McGraw & Jaret Michael Glowach RECOMMENDATION: That minor variance application A2021-127 requesting relief from Section 6.1.1.1 b) iii) of the Zoning By-law 85-1 to allow a second driveway with a property of 29.71 metres rather than the required 30 metres, be approved subject to the following condition: 1) That the Owner applies for a curb cut permit from the Planning Division. 2) That the Owner enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the lands, which shall include the following: a. That the owner shall prepare a Street Tree Planting Plan that shows the new street tree in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 1084 Union St BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as Community Areas in the Urban Structure Map. The property is zoned Residential Five (R-5) in the By-law 85-1. The applicant has an existing driveway on the left (West) side of the property and is proposing to legalize an additional driveway recently installed on the right (East) side, including curb cuts to the boulevard, prior to seeking approval from the City. The driveway is located immediately adjacent to an existing Norway Maple tree within the boulevard as shown in the last photograph. Given the proximity of the driveway to the tree and potential impacts to the roots as a result, staff is requesting compensation in the form of condition 2, especially in light of the fact it was apparently installed, and curb cuts made without City approval. REPORT: Planning Comments: In considering the four tests for the 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 regulation that allows a second driveway on a property with minimum 30 metres in width is to ensure proper drainage, aesthetics, and appropriate community standards. At this property, the lot width is 29.71 metres from the required 30 metres can be considered minor. The second driveway can be implemented without affecting surrounding properties and staff has no concerns with the requested variances as it meets the general intent of the Zoning By-law. Is the Variance Minor? The requested second driveway is considered minor. The requested property lot width is only 0.294 metres less than the permitted minimum 30 metres. Is the Variance Appropriate? The proposed variance is appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The second driveway will not negatively impact the character of the subject property or surrounding neighbourhood. City Planning staff conducted a site inspection of the property on November 8t", 2021 and note a second driveway has been installed. Street view of 1084 Union St Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Although this proposal would likely result in the loss of one (1) on -street parking space, there is plenty of available on -street parking in the immediate area of the proposal. Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Engineering Comments: No concerns. Operations Comments: Parks and Cemetery has the following conditions: a. That the owner shall prepare a Street Tree Planting Plan that shows the new street tree in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. Environmental Planning Comments: Staff has concern the boulevard tree may be impacted due to proximity of the new driveway 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 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: November 9, 2021 REPORT NO.: DSD -2021-221 SUBJECT: Minor Variance Application A2021-128 1333 Weber Street East Owner —1776411 Ontario Ltd. Agent — GSP Group Inc. RECOMMENDATION: That Minor Variance Application A2021-128 for 1333 Weber Street East, requesting relief from Section 5.6, Table 5-5 of By-law 2019-051 to allow Multiple Residential Buildings to have a parking rate of 0.80 spaces per dwelling unit in a MIX Zone, rather than the required 0.9 spaces per dwelling unit, be approved, subject to the following conditions: 1. That the owner shall submit and obtain approval of a revision to Site Plan Application SP19/105/W/AP, to the satisfaction of the City's Manager of Site Development and Customer Service. 2. That this approval shall apply only to the development proposed through Site Plan Application SP19/105/W/AP and required revisions thereto. 3. That the owner shall enter into an agreement with the City of Kitchener, to be registered on title of the subject property, regarding implementation of Transportation Demand Management measures. Said agreement shall be prepared by the City Solicitor, to the satisfaction of the City's Director of Transportation Services, and shall require that parking spaces are rented separately from dwelling units. 4. That the owner shall submit an update to the approved Transportation Impact Study, prior to approval of the revision of the Site Plan Application, to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: The applicant is requesting approval of the subject Minor Variance Application to allow Multiple Residential Buildings to have a parking rate of 0.80 spaces per dwelling unit in a MIX Zone (501 parking spaces), rather than the required 0.9 spaces per dwelling unit (560 parking spaces). If authorized, the variance would facilitate the development of a total of 622 dwelling units as part of a revision to an approved Site Plan Application. *** 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 located just within the boundary of the Stanley Park Planning Community. The subject property is located at the southwest corner of Weber Street East and Fergus Avenue, across Weber Street from Emmanuel Village Retirement Home and across Fergus Avenue from HiWay Centre plaza. Provincial Highway 8 is located immediately to the rear (southwest) of the property. The Beer Store is located beside the property, to the northwest. The surrounding area is composed of a variety of land uses, for example: commercial/retail, office, and institutional. Low density residential uses are located beyond the commercial strip that frames Weber Street. The subject property is the site of the former Howard Johnson Hotel that was demolished in 2020 to prepare for the redevelopment of the lands. The subject property is presently designated Mixed Use on Map 3 — Land Use and is identified as being within a Community Node on Map 2 — Urban Structure within the Official Plan. The property is zoned MIX -3, (49), (68) in Zoning By-law 2019-051. City Planning staff visited the Location Map (subject property is outlined in white) In February 2016, the subject property was rezoned via a private Zoning By-law Amendment (Application ZC14/02/W/AP) to allow high density, mixed use development. All holding provisions that were applied at that time have been removed. In December 2019, Site Plan Approval (Application SP19/105/W/AP) was granted to allow redevelopment of the lands with a mixed use development comprising 4 towers, three of which are connected by a four -storey podium, and all of which are connected by underground parking (569 residential units and 1,300 square metres of ground floor commercial space). Revisions to the Site Plan were approved in August 2020 (see Appendix A), and resulted in the following: • Phase A —15 -storey multiple dwelling with 177 dwelling units, • Phase B — 15 -storey multiple dwelling with 162 dwelling units, • Phase C —12 -storey mixed-use building with 650 square metres of ground floor commercial area and 137 dwelling units, and • Phase D —12 -storey mixed-use building with 650 square metres of ground floor commercial area and 93 dwelling units. In February 2020, to facilitate the above noted Site Plan Application, the Committee of Adjustment approved Minor Variance Application A2020-012 to allow relief from By-law 2019- 051 to allow a parking rate of 0.85 spaces per dwelling unit, rather than the required 0.9 spaces per dwelling unit. Approval conditions included that the owner must obtain approval of a revision to Site Plan Application and implement certain Transportation Demand Management measures. The first tower (Phase A) is currently under construction. REPORT: Planning Comments: The applicant advises that, because of feedback and sale patterns associated with the first tower (Phase A), the owner wishes to revise the floor plans for the overall development, to establish more bachelor and one -bedroom units. The result is a proposed increase in overall unit count from 569 dwelling units to a total of 622 dwelling units. Planning staff understands from the applicant that there are no plans to change the building massing. Rather, the internal layout of the buildings will change to allow the increase in dwelling units. The proposed increase in the number of dwelling units has the effect of increasing the number of required parking spaces, since parking is calculated on a per -dwelling -unit basis. Accordingly, the applicant is requesting relief from Section 5.6, Table 5-5 of By-law No. 2019-051 to allow Multiple Residential Buildings to have a parking rate of 0.80 spaces per dwelling in a MIX Zone (501 parking spaces), rather than the required 0.9 spaces per dwelling (560 parking spaces). As noted above, approval of Minor Variance Application A2020-012 established parking rate of 0.85 spaces per dwelling in a MIX Zone. It should also be noted that 40 surface parking spaces are planned under the "Multi -Unit Parking Rate". In all cases where the Multi -Unit Parking Rate applies, visitor parking spaces are not required for the residential use, and such spaces are to be shared between uses and unassigned, per Section 5.7 of By-law 2019-051. 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 and Purpose of Official Plan Test Several Official Plan policies apply to the requested variance, including, for example: Mixed Use Section., 15.4.5. To ensure that lands designated Mixed Use are transit -supportive, walkable and integrated and interconnected with other areas of the city. Community Node Section., 3.C.2.30. Community Nodes are located along existing or planned transit corridors. 3.C.2.31. The planned function of Community Nodes is to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an interneighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. Parking Section.- 13.C.8.2. ection.13.C.8.2. The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. Transportation Demand Management (TDM) Section. 13.C.7.4. The City will consider reduced parking requirements for development and/or redevelopment in accordance with Policy 13.C.8.2 where a comprehensive Transportation Demand Management Report is submitted to the satisfaction of the City. In this case, the property is designated Mixed Use, with a Community Node urban structure element, in the Official Plan. This designation permits a broad range and mix of residential, commercial, and institutional uses. Community Nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. The requested variances meet the general intent and purpose of the Official Plan as they will facilitate high-density, mixed-use, transit -supportive development that is consistent with the Mixed Use, Community Node, Parking, and TDM policies. As part of previous applications related to this project, a Transportation Impact Study, which included Parking and Transportation Demand Management (TDM) measures, and updates, were reviewed by Transportation Services. Transportation Services advises that it is supportive of the requested variance. Planning staff is of the opinion that the variance meets the general intent and purpose of the Official Plan. General Intent and Purpose of Zonin_p By-law Test The property is zoned MIX -3, (49), (68), which permits a mix of high density residential, commercial, and institutional uses. The parking requirements within the by-law have been established to ensure that parking demand is met by adequate off-street parking. It should be clarified that the development will continue to provide long-term, secure (Class A) bicycle parking spaces at a rate of 0.5 spaces per dwelling unit. As aforementioned, as part of previous applications related to this project, a Transportation Impact Study, which included Parking and Transportation Demand Management (TDM) measures, and updates, were reviewed by Transportation Services. Transportation Services advises that it is supportive of the requested variance. Planning staff is of the opinion that the variance meets the general intent and purpose of the Zoning By-law. "Minor" Test Transportation Services staff requests an approval condition to require the owner to enter into an agreement with the City to ensure that parking spaces are rented separately from dwelling units ("unbundled" parking), as a TDM measure to assist with offsetting parking demand. The requested variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or lands. Desirability for Appropriate Development of the Land Test The requested variance will facilitate development that meets the City's objectives for this area, as outlined in the Mixed Use and Community Node policies of the Official Plan. The related site plan application approves the construction of high-density, mixed-use development with underground parking. Note that a condition is recommended to require a site plan update to revise the parking, as necessary. The variance is desirable for the appropriate development and use of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance request is justified, subject to the conditions outlined in the recommendation. Heritage Comments: There are no heritage planning concerns. Environmental Planning Comments: No natural heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Services Comments: Engineering Services has no comments. Transportation Services Comments: Transportation Services previously supported a minor variance application to reduce the resident parking to 0.85 spaces per unit (A2020-012) which was approved. Transportation Services can support the proposed further reduced parking rate of 0.80 parking spaces per residential unit (or 501 spaces for 622 units) given that the site will provide an additional 40 spaces for shared commercial and visitor parking, as well as 0.5 Class A bicycle spaces per unit through the site plan application process, in addition to other TDM measures. As a condition of approval, Transportation Services will require the applicant to register an agreement on title to ensure the following proposed TDM measures are implemented: a) Parking is to be rented separately from a dwelling unit. Region of Waterloo Comments: No concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 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 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. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Minor Variance Application A2020-012 • Site Plan Application SP19/105/W/AP • Zone Change Application ZC14/02/W/AP • Zone Change Application ZBA20/007/W/AP Attachments: Attachment A — Current Approved Site Plan Attachment B — Drawing Submitted with Subject Application Appendix A - Approved Site Plan Drawing n. 3 H 2 oD z'M m a c 0 M 0m F m X a � v nM � O m ;02 cn ,o W W V Qi Q� o o Z m m Z � z T X oO n C .. MW F �m o m22 m ti c 0 m X O> z s IY A = 4 i z m M Z C7 m r nn > Z m a m n m m m +� C Cn K C, p S 9 m �' cn < m Z� 0 o m m I 0 C fn Cn m N O N o I Appendix A - Approved Site Plan Drawing n. 3 H 2 oD z'M m a c 0 M 0m F m X a � v nM � O m ;02 cn ,o Q� o o Z Oz m Z � yD T mSp0 oO n C .. MW F y o m ti c 0 m Z z s IY A = 4 z d M Z C7 m nn > T_ �m 0 g zv n Appendix A - Approved Site Plan Drawing n. 3 H 2 oD z'M m a c 0 M 0m F m X a � v nM � O m Appendix B - Drawing Submitted with Subject Application i HIGHWAY #8 �4N t- SII � ���- , ✓ � 9 � ♦' - �b�r S i. C-0 Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 GSP group September 30, 2021 City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4G7 Attention: Andrew Pinnell, MCIP, RPP Senior Planner Dear Mr. Pinnell: Re: Minor Variance Application 1333 Weber Street East 1776411 Ontario Ltd. SHAPING GREAT COMMUNITIES File No: 19047 On behalf of 1776411 Ontario Ltd., please accept the enclosed application for Minor Variance for the above -noted property. The purpose of the enclosed application is to establish permissions for a further reduced parking rate for mixed -used development on site under Zoning By-law No. 2019-051. The property is designated as Mixed Use in the City of Kitchener Official Plan, which permits a range and mix of commercial, institutional and residential uses. The property is also identified as a Community Node, which is intended to provide for a higher -density range and mix of commercial, medium and high-density residential and institutional uses. The property is zoned Mixed Use Three (MIX -3) in By-law No. 2019-051 with Site Specific Provisions (49) and (68), which establishes specific development requirements such as front and side yard setbacks, FSR, maximum permitted commercial floor area and maximum building height. By-law No. 2019-051 requires a minimum of 0.90 parking spaces per dwelling within a MIX Zone. The proposed development is comprised of 4 residential towers with ground level commercial uses along Weber Street, resulting in a total of 568 residential units and 1,300 m2 of commercial retail space. The proposed development provides for surface parking for the commercial units and three levels of underground parking for the residential units. The proposed development was subject to Site Plan Approval (SP19/105/W/AP) in September 2021. PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE 72 Victoria Street South, Suite 201, Kitchener, ON N2G 4Y9 519 569 8883 162 Locke Street South, Suite 200, Hamilton, ON L8P 4A9 905 572 7477 gspgroup.ca The proposed development was subject to the approval of Minor Variance application A2020 012, which established a residential parking requirement of 0.85 spaces per dwelling unit (based on a total unit count of 568 dwellings). Through further detailed design, the applicant has revised some of the floor plan layouts to convert some former two- and three-bedroom units to bachelor and one -bedroom units. While the building footprint, height and parking structure has not changed, the total unit count has been increased slightly to 622 dwelling units. As a result, a further reduction to the residential parking rate is required. Proposed Minor Variance The purpose of the proposed Minor Variance is as follows: • To permit a minimum residential parking rate of 0.80 spaces per dwelling unit whereas a minimum of 0.90 spaces is required by By-law 2019-051 (Note: Approval of Minor Variance A2020-012 permitted a parking rate of 0.85 spaces per dwelling unit)) Please find enclosed an updated Master Site Plan concept as well as site statistics outlining parking required and provided. Note that a modification to Site Plan Approval (SP19/105/W/AP) will be required. Planning Justification In accordance with Section 45(1) of the Ontario Planning Act, R.S.O. 1990, c.P.13, the Committee of Adjustment may authorize a minor variance from the provision of a zoning by-law provided that the following four tests have been satisfied: 1. The proposed minor variance maintains the intent and purpose of the Official Plan; 2. The proposed minor variance maintains the intent and purpose of the Zoning By-law; 3. The proposed minor variance is desirable for the appropriate development or use of land; 4. The proposed minor variance is minor in nature. The following provides planning justification for the proposed minor variances based on the above -noted four tests. 1. Maintains intent and purpose of the Official Plan. The property is designated as Mixed -Use in the Official Plan, which permits a range and mix of residential, commercial and institutional uses. The proposed variance conforms with the Official Plan as it will facilitate the development of a 622 unit high-density residential development with ground floor commercial uses along Weber Street East. 2. Maintains the intent and purpose of the Zoning By-law. The property is zoned Mixed Use Three (MIX -3) in Zoning By-law No. 2019-051, which permits a mix of high density residential, commercial and institutional uses. GSP Group 1 2 The property is also subject to Site Specific Provisions (49) and (68) in By-law 2019-051, which establishes a number of site-specific development requirements such as front and side yard setbacks, FSR, maximum permitted commercial floor area and maximum building height. It is important to note that the proposed minor variance application is not requesting any changes to the Site Specific Provisions that apply to the property. It is my opinion that the proposed variance complies with the intent of the By-law is the proposed use is consistent with the range of residential and commercial uses contemplated in the Mixed Use Three (MIX -3) Zone in By-law No. 2019-051. 3. Desirable for the appropriate development or use of the land. The property is identified as a Community Node in the Official Plan, which is intended to provide for a higher -density range and mix of commercial, medium and high-density residential and institutional uses. The property is located along existing Grand River Transit (GRT) Route 8 and approximately 400 metres west of Route 28, both of which provide direct connections to the Fairway ION Station and GRT Terminal on Fairway Road. The property is surrounded by the following existing commercial uses, all of which are within less than 200 metres walking distance: • The Highway Plaza immediately to the east, which contains a Zehrs, Dollarama, Bank of Montreal and Fit 4 Less gym; • The Goodwill Plaza to the northeast; and • The Beer Store, Shoppers Drug Mart and Tim Hortons to the west. In addition to the surrounding existing commercial uses, the proposed development will provide additional commercial retail uses along Weber Street. Finally, the property is located south of Emmanual Bible College, Woodland Cemetery and Idlewood Park and Pool. The property is also very close to Sunnyside Public School and Eastwood Collegiate Institute. The proposed development includes an extensively planned and designed podium amenity space, which includes a running track and tennis courts, putting green, indoor fitness facilities and studios, and meeting and lounging areas. The reduced parking rate is a result of modifying dwelling unit sizes to serve current market demand, while the overall parking provision remains the same as originally approved through SP19/105/W/AP. However, additional bicycle parking facilities are proposed to accommodate the slight increase in unit count (295 secure and visitor parking provided originally whereas 323 secure and visitor parking are now proposed). The property is centrally located with high level of walkability to a number of immediately surrounding transit, commercial, institutional and community services, thereby reducing the need for automobile ownership and use by future residents. It is my opinion that the proposed variance to further slightly reduced the parking requirement is appropriate as the location of the property and its high level of walkability to surrounding GSP Group 1 3 commercial and community uses will reduce the need and/or use of automobiles by residents. The proposed development will provide for small-scale commercial retail uses to serve residents and includes an enhanced amenity space for use by future residents. Finally, the proposed development provides for additional bicycling parking on-site to accommodate the slight increase in unit count 4. Minor in nature The proposed development was originally approved as 4 residential towers with ground level commercial uses along Weber Street, resulting in a total of 568 residential units and 1,300 m2 of commercial retail space. However, the total residential dwelling unit count has recently been increased to 622 units with the building footprint, height and commercial area remaining the same. A Traffic Impact Study was prepared in support of Site Plan Application SP19/105/W/AP, which included a Transportation Demand Management assessment and provided justification for parking reductions associated with the proposed development. Justification for reduced parking was further confirmed by Paradigm Transportation Solutions Limited in their correspondence dated January 10, 2020. The property is located within an Intensification Corridor, which qualifies for reduced parking through the use of TDM measures. The January 10, 2020 correspondence concludes "the minimum parking required for the proposed development is 512 spaces, based on the updated site statistics, the calculations as required by By-law 85-1 and the Region of Waterloos TDM Implementation Checklist and Parking Management Worksheet'. A copy of the January 10, 2020 correspondence from Paradigm has been attached to this letter. The requested minor variance application would result in a parking rate of 0.80 spaces per residential unit, which equates to a total overall parking count of 521 residential parking spaces. The proposed reduced parking rate remains consistent with the minimum parking requirement noted by Paradigm as part of their January 10, 2020 correspondence. It is my opinion that the requested variance is minor nature as it can be justified when considering a number of Transportation Demand Management considerations that will be incorporated as part of the proposed development. Summary and Conclusion The proposed variance conforms to the Official Plan and complies with the Zoning By-law as it will facilitate the development of a high-density, mixed-use development on the property. The proposed variance is appropriate as the location of the property and its high level of walkability to surrounding commercial and community uses will reduce the need for automobiles by residents. The proposed development provides for small-scale commercial retail uses to serve residents and includes an enhanced amenity private amenity space. The proposed variance is minor nature as it can be justified in accordance with TDM measures approved by the Region of Waterloo. GSP Group 1 4 In support of this application, please find enclosed the following: • The completed application form • A copy of the original, approved Site Plan SP19/105/W/AP • A copy of the revised Site Plan • A copy of the January 10, 2020 correspondence provided by Paradigm Transportation Solutions Ltd; A hard copy of the above -noted application package as well as the required application fee in the amount of $1,287.00 will be submitted directly to your attention in the near future. I trust the enclosed information is sufficient to accept and circulate the proposed Minor Variance application, to be considered at the next Committee of Adjustment meeting. Please don't hesitate to contact me if you have any questions or require further information. Yours truly, GSP Group Inc. Kristen Barisdale, MCIP, RPP Associate, Senior Planner GSP Group 1 5 Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 3, 2021 REPORT NO.: DSD -2021-219 SUBJECT: Minor Variance Application A2021-129 106 Belleview Avenue Owner - Andrew & Ashley Harasym Applicant - Andrew & Ashley Harasym RECOMMENDATION: That application A2021-129 requesting permission to add the use of multiple dwelling to the Residential Three (R-3) zone to allow three dwelling units within the existing building be approved subject to the following conditions: 1. The owner shall obtain site plan approval for the 3 -unit multiple dwelling. 2. The owner shall obtain a Zoning Occupancy Certificate for the 3 -unit multiple dwelling. REPORT HIGHLIGHTS: The applicant is requesting permission to add the use of multiple dwelling to the R-3 zoning category presently applied to the property to allow the creation of a third dwelling unit within the existing building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map View from Belleview Ave BACKGROUND: View from Smithson St 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 Residential Three (R-3) in Zoning By-law 85-1 and is presently used as a duplex dwelling which is permitted pursuant to By-law 85-1. A building permit for the duplex use was issued in 2009. The owner now wishes to undertake interior renovations to create a third dwelling unit within the existing 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 Low Rise Residential land use designation provides for a full range of low density housing types, including multiple dwellings. As the proposed building is existing as a low rise form of building, the interior renovation of the building to add a third dwelling unit meets the general intent of the Official Plan, in addition to providing much needed housing in the community. General Intent of the Zoning By-law The R-3 zoning category allows for single detached, semi-detached and duplex dwellings. While multiple dwellings are not permitted within the R-3 zone, this property and building is of a size that will accommodate a third unit without compromising the zoning regulations. The site provides the three parking spaces that are required for a 3 -unit multiple dwelling and the existing building is in compliance with the R-3 zoning regulations. Staff is satisfied that the addition of a third dwelling unit within the existing building meets the general intent of the Zoning By-law. Minor Staff consider the variance to be minor as no exterior changes to the property are proposed and there is adequate parking on site to accommodate a third dwelling unit in the building. Appropriate Staff consider the requested variance to allow the use of "multiple dwelling" to be added to the R-3 zone for the subject property to be appropriate as there will be no impact to the abutting properties or neighbourhood. The property provides a large outdoor amenity space for use by the tenants of the building and providing an additional dwelling unit in the neighbourhood is beneficial to the community as a whole. Building Comments: The Building Division has no objections to the proposed change of use to a triplex is obtained prior to construction building@kitchener.ca with any questions. Transportation Comments: Engineering Comments: Engineering has no comment. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: variance provided building permit for the . Please contact the Building Division at Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD -21-225 SUBJECT: Consent Application B2021-058 30 Third Avenue Owner & Applicant- Florim Dragusha RECOMMENDATION: That application B2021-058 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 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 $4627.60. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner 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 system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Director of Parks and Cemeteries and the City's Director of Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 10. That the Owner obtains a demolition permit for the portion of the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 11. With respect to the City -owned tree that is located adjacent to the severed and retained lands, the owner shall fulfill one of the following three requirements: a. 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: L That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. ii. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. iii. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR b. 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: i. That the owner shall prepare a Street Tree Planting Plan that shows the replacement of the City -owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. ii. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. OR c. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That prior to final approval, the owner/applicant must submit a valid section 59 notice to the satisfaction of the Region of Waterloo. 14. That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the Region's satisfaction and enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. REPORT HIGHLIGHTS: The application is requesting to sever the subject lands into two lots to build 2 single detached dwellings. Location Map: 30 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 (R-4) in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property will be demolished and the applicant proposes to construct a single detached dwelling 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. Both the severed and retained lots would have a lot width of 10.06 metres, a depth of 40.23 metres, and an area of 404 square metres. City Planning staff conducted a site inspection of the property on November 5, 2021. Existing single detached dwelling at 30 Third Avenue (November 5, 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 lot is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. 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 the existing building, as well as construction of the new residential buildings. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Transportation Services does not have any 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 Katie Wood (katie.wood(a)-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 outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks /Operations Comments: 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 $4627.60. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (10.06m) at a land value of $9,200 per frontage meter. An existing City -owned street tree (ID #10042632) will be impacted by the proposed development. The owner shall fulfill one of the following three requirements: 1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. c. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR 2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Street Tree Planting Plan that shows the replacement of the City -owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. OR 3. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. Proposed lot fabrics 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. 40.23 IIICG I I.I_L, t Ap 1 4 Al _ rte' i �Ju n rafi 4 zl 0 rn ° 4"} \ m Irl { 5 L/ Z -�Ur Odtl.' SIN',',- c z Y v. QO DRNLwAY I— rn 4 + r r F A 3-M C� T **POSED M 51N+LE Cf 1 w i DRIVEWAY m � ^ri � M l 77 MW10 o r` Z 0 L} � f m O r M 4 � � 40.23_ r j Proposed lot fabrics 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. N,4*+V- Region of Waterloo Sarah Goldrup 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 Peter Ellis 519-503-2536 D20-20/21 KIT November 8, 2021 Re: Comments for Consent Applications B2021-058, B2021-059, 62021- 060, B2021-061, and B2021-062 Committee of Adjustment Hearing November 16, 2021 CITY OF KITCHENER B2021-058 30 Third Avenue Florim Dragusha The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed dwellings on the severed and the retained lots will be impacted by traffic on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive (57m) and are exposed to the traffic on these high speed and high volume highways. ITMT4WITI-3 M10111 M11 MW1[Q61Yf*T9 Staff also note that there are many stationary noise sources in close proximity to the subject lands. Therefore, because of traffic and stationary noise impacts, a detailed environmental noise study will be required to assess these impacts and the resulting noise mitigation measures recommended for the proposed dwellings. A detailed environmental (transportation) noise study prepared by a qualified acoustical noise consultant will be required for review and approval by the Region of Waterloo. The requirement and implementation of an environmental noise study through a registered agreement with the City of Kitchener will be a Regional condition for this application. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Request ($500 original study and $250 for any revised noise study fee may apply) available at: https://rmow.Permitcentral.ca/Permit/GroupApply EroupId=3 Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the Region's satisfaction and enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. MT4VIi -311 0111iilTaW1E:6IYV%TV 001IN Ell -t] 169 Fifth Avenue Bojan and Petar Bijelic The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a.regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-060 75 Tillsley Drive The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group) The owner/applicant is proposing to sever the current property into two lots. The retained lot would be added to the existing church and continue to be used for a religious institutional use while the proposed severed lot would be developed for residential use. This application is a resubmission of consent application B2019-011. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. MEWIi -311 0111iilTaW1E:6IYV%TV Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed severed and retained lands will likely have impacts from road noise from traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were also identified. A report entitled "Environmental Noise Feasibility Study Proposed Residential Development at 75 Tillsley Drive, Kitchener Ontario" dated May 24, 2019 as prepared by GHD as well as an Addendum Report dated October 9, 2020 have been reviewed by Regional staff and comments were provided to the owner/applicant on July 5, 2019 and October 23, 2019 respectively. Accordingly, the recommendations of the noise study and addendum report, as accepted by the Region, will be required to be implemented through a registered agreement with the Region. It is noted that a Reference Plan (58R-20691) has been prepared by an Ontario Land Surveyor for part of the site. However, upon review, Regional staff note that the Reference Plan needs to be updated or a new one prepared to accompany the registered agreement with the Region as noise warning clauses are required for the daycare that operates out of the church building and this portion of the lands to be retained is not identified on the current R -Plan. Site Plan (Advisory Comments): Regional staff note that the proposed residential building on 525 Erinbrook Drive on the proposed severed lot from 75 Tillsley Drive is being developed through site plan application SP 19/043/E/AP and will be subject to those conditions. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B MWMiiLMiTii►[ItiilTaW1E:6'YL:1 TV B2021-061 111 Schweitzer Street Dragan and Ana Ilic / Marija Ilic (Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings on 111 and 113 Schweitzer Street into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. B2021-062 21 Wendy Crescent Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes — Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. MEW -Tom lTaW1E:61YOSTV The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. General Comments Any future development on the lands subject to the above -noted consent application 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, Peter Ellis, MES Principal Planner November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD -21-226 SUBJECT: Consent Application B2021-059 169 Fifth Avenue Owner - Bojan Bijelic and Petar Bijelic Applicant- Bojan Bijelic RECOMMENDATION: That application B2021-059 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 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 $4627.60. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner 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 system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7. That the Owner submits a complete Development and Reconstruction As -Recorded Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with a digital submission of all AutoCAD drawings required for the site (Grading, Servicing etc.) with the corresponding correct layer names and numbering system to the satisfaction of the Director of Engineering Services. 8. That the Owner provides Engineering staff with confirmation that the basement elevation can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the Director of Engineering Services. 9. That the owner shall enter into an agreement with the City of Kitchener to be prepared by the City Solicitor and registered on title of the severed and retained lands which shall include the following: a) That the owner shall prepare a Tree Preservation/Enhancement Plan for the severed and retained lands in accordance with the City's Tree Management Policy, to be approved by the City's Director of Planning and the Director of Operations, and where necessary, implemented prior to any grading, tree removal or the issuance of any building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation (including street trees) to be preserved. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Director of Planning and the Director of Parks and Cemeteries. c) That the Owner ensures any boulevard trees identified by the City for retention are protected during construction to the satisfaction of the City's Director of Parks and Cemeteries and the City's Director of Planning. That prior to the issuance of any building permit, the Owner makes satisfactory arrangements financial or otherwise for any relocation/removal of any existing boulevard trees adjacent to the subject property to the satisfaction of the City's Parks and Cemeteries. 10. That the Owner obtains a demolition permit for the portion of the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official. 11. With respect to the City -owned tree that is located adjacent to the severed and retained lands, the owner shall fulfill one of the following three requirements: a. 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: L That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. ii. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. iii. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR b. 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: i. That the owner shall prepare a Street Tree Planting Plan that shows the replacement of the City -owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. ii. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. OR c. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The application is requesting to sever the subject lands into two lots to build 2 single detached dwellings. Location Map: 169 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 (R-4) in Zoning By-law 85-1. Planning Comments: The single detached dwelling on the property will be demolished and the applicant proposes to construct a single detached dwelling 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. Both the severed and retained lots would have a lot width of 10.06 metres, a depth of 57.91 metres, and an area of 582 square metres. City Planning staff conducted a site inspection of the property on November 5, 2021. Existing single detached dwelling at 169 Fifth Avenue (November 5, 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 lot is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. The lands front onto a public street and full services are available. 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 the existing building, as well as construction of the new residential buildings. Heritage Comments: No cultural heritage issues or concerns. Environmental Planning Comments: The standard condition will be required for the owner to enter into an agreement registered on title of both the severed and retained lands requiring a Tree Preservation / Enhancement Plan to be submitted and approved before a building/demolition permit will be issued. Transportation Services Comments: Transportation Services does not have any 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 Katie Wood (katie.wood(a)-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 outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks /Operations Comments: 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 $4627.60. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (10.06m) at a land value of $9,200 per frontage meter. An existing City -owned street tree (#190059) will be impacted by the proposed development. The owner shall fulfill one of the following three requirements: 1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the satisfaction of the City's Director Parks & Cemeteries. c. The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR 2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a. That the owner shall prepare a Street Tree Planting Plan that shows the replacement of the City -owned tree to be removed (located adjacent to the severed and retained lands) with 2 suitable trees, in accordance with the City of Kitchener Development Manual Standards, to the satisfaction of the City's Director Parks & Cemeteries. No changes to the said plan shall be granted except with the prior approval of the City's Director Parks & Cemeteries. b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction of the City's Director Parks & Cemeteries. OR 3. Make arrangements regarding financial compensation for the tree to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. Proposed lot fabrics 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. YZ5 M �i II W o O - m Zm h] 2 -T1 Graf rrn � � � Q n `Q n'a Frpme Garage Lli to e N gN aQ M W p w , ANm7z,Z fix, y .z d m O Proposed lot fabrics 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. N,4*+V- Region of Waterloo Sarah Goldrup 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 Peter Ellis 519-503-2536 D20-20/21 KIT November 8, 2021 Re: Comments for Consent Applications B2021-058, B2021-059, 62021- 060, B2021-061, and B2021-062 Committee of Adjustment Hearing November 16, 2021 CITY OF KITCHENER B2021-058 30 Third Avenue Florim Dragusha The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed dwellings on the severed and the retained lots will be impacted by traffic on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive (57m) and are exposed to the traffic on these high speed and high volume highways. ITMT4WITI-3 M10111 M11 MW1[Q61Yf*T9 Staff also note that there are many stationary noise sources in close proximity to the subject lands. Therefore, because of traffic and stationary noise impacts, a detailed environmental noise study will be required to assess these impacts and the resulting noise mitigation measures recommended for the proposed dwellings. A detailed environmental (transportation) noise study prepared by a qualified acoustical noise consultant will be required for review and approval by the Region of Waterloo. The requirement and implementation of an environmental noise study through a registered agreement with the City of Kitchener will be a Regional condition for this application. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Request ($500 original study and $250 for any revised noise study fee may apply) available at: https://rmow.Permitcentral.ca/Permit/GroupApply EroupId=3 Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the Region's satisfaction and enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. MT4VIi -311 0111iilTaW1E:6IYV%TV 001IN Ell -t] 169 Fifth Avenue Bojan and Petar Bijelic The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a.regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-060 75 Tillsley Drive The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group) The owner/applicant is proposing to sever the current property into two lots. The retained lot would be added to the existing church and continue to be used for a religious institutional use while the proposed severed lot would be developed for residential use. This application is a resubmission of consent application B2019-011. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. MEWIi -311 0111iilTaW1E:6IYV%TV Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed severed and retained lands will likely have impacts from road noise from traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were also identified. A report entitled "Environmental Noise Feasibility Study Proposed Residential Development at 75 Tillsley Drive, Kitchener Ontario" dated May 24, 2019 as prepared by GHD as well as an Addendum Report dated October 9, 2020 have been reviewed by Regional staff and comments were provided to the owner/applicant on July 5, 2019 and October 23, 2019 respectively. Accordingly, the recommendations of the noise study and addendum report, as accepted by the Region, will be required to be implemented through a registered agreement with the Region. It is noted that a Reference Plan (58R-20691) has been prepared by an Ontario Land Surveyor for part of the site. However, upon review, Regional staff note that the Reference Plan needs to be updated or a new one prepared to accompany the registered agreement with the Region as noise warning clauses are required for the daycare that operates out of the church building and this portion of the lands to be retained is not identified on the current R -Plan. Site Plan (Advisory Comments): Regional staff note that the proposed residential building on 525 Erinbrook Drive on the proposed severed lot from 75 Tillsley Drive is being developed through site plan application SP 19/043/E/AP and will be subject to those conditions. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B MWMiiLMiTii►[ItiilTaW1E:6'YL:1 TV B2021-061 111 Schweitzer Street Dragan and Ana Ilic / Marija Ilic (Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings on 111 and 113 Schweitzer Street into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. B2021-062 21 Wendy Crescent Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes — Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. MEW -Tom lTaW1E:61YOSTV The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. General Comments Any future development on the lands subject to the above -noted consent application 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, Peter Ellis, MES Principal Planner November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Notice of Source Protection Plan Compliance Issued under Section 59(2) of the Clean Water Act Region of Waterloo Municipal File Number: Date: Application Type: (building permit, site plan, consent, etc.) September 27, 2021 Consent (Severance) Applicant Name: Address of Site: Bojan Bijelic 169 Fifth Ave, Kitchener Based on the information submitted as to the Region of Waterloo as of the date above, it has been determined that the potential activity(s) associated with the proposed development or building on the Site/Lands are not subject to either Section 57 (Prohibition) or Section 58 (Risk Management Plan) of the Act. • This Notice is only effective as it relates to the above -noted Application. • Any change to the information submitted under this Application nullifies this Notice, unless otherwise permitted by the Risk Management Official. • This Notice is valid for 1 year from the date of issuance in respect of the above -noted Application only. • This Notice is not valid for any subsequent applications for approvals which the proposal may require under the Planning Act or for any building permits that may be required under the Building Code Act. • This notice only addresses requirements in the Source Protection Plan under Section 57 (Prohibition) and Section 58 (Risk Management Plan) of the Act. Other Source Protection Plan policies may still apply. • The applicant acknowledges they provided complete and truthful information to the Region of Waterloo for the generation of this notice. Schedule 1 is an accurate summary of this information. • The applicant acknowledges any potential prohibitions identified in Schedule 2. DOCS 1737472 Page 1 of 4 Notice of Source Protection Plan Compliance,,, Issued under Section 59(2) of the Clean Water Act Region of Waterloo • This notice does not constitute an approval(s) under the Planning Act or Building Code Act. • The applicant acknowledges they are the owner or authorized agent of the owner of the above -noted property Signature of Applicant Eric Thuss, Risk Management Official DOCS 1737472 Page 2 of 4 Notice of Source Protection Plan Compliance,,, Issued under Section 59(2) of the Clean Water Act Region of Waterloo SCHEDULE 1 — SUMMARY OF ACTIVITIES PROPOSED FOR PROPERTY The application is related to the following activities on the property: • No activities prescribed under the Clean Water Act are proposed The following activities are either not occurring on or proposed for the property, or are not related to this application: Winter Maintenance • Application of road salt (on roads and parking lots) • Storage of road salt • Storage of snow (from off-site) Farming Activities • Application of manure • Livestock yards or pastures • Storage of manure • Application of fertilizer • Storage of fertilizer • Application of non-agricultural source material (eg: compost or biosolids) • Storage of non-agricultural source material (eg: compost of biosolids) • Application of pesticides • Storage of pesticides Chemical Handling • Aircraft de-icing • Storage of DNAPLS (dense oils) • Storage of fuel • Storage of solvents • Storage of fertilizer • Storage of pesticides Waste Handling • Landfilling of waste • Storage of hazardous waste • Storage of PCB waste Private Sewage Operations • Septic system • Storm water management DOCS 1737472 Page 3 of 4 Notice of Source Protection Plan Compliance,,, Issued under Section 59(2) of the Clean Water Act Region of Waterloo ;SCHEDULE 2 — SUMMARY OF ACTIVITIES PROHIBITED AT PROPERTY The following activities may be prohibited under Section 57 of the Clean Water Act at the location indicated on page 1 of this notice: • The uncovered storage of de-icing salt in quantities greater than 1 tonne • Piling of snow from other properties • The uncovered storage of de-icing salt in quantities up to 1 tonne DOCS 1737472 Page 4 of 4 KIsar, Par Wfton Park—SITE STATISTIC X ZONING - R-4 F—th A— REQUIRED RETAINED SEVERED USE SINGLE -DETACHED SNGUE-DETACHED SINGLE -DETACHED App LOT AREA 235 Eq— 5810 sq— 582.0 q. - BUILDING AREA 129.3 IIII.m. 129.3 N.m. 1h Avenue 55% (45% Habitable, — SUBJECT LOT COVERAGE 15% Ac—y) 22% 22% PROI ERTI LOT WIDTH 9.0. 10.06m 10.06m 4.5. AvenUI, FRONT YARD 6.Om to 6.0. 6.Om .4-mleft Perking ic 1.2m 1.37m 1.37m 3.0ir to _aRIiI 30. K SIDE YARD .1" am " D6—y Dri""y Dri—y""I" 3 ---------- REAR YARD 25m 34.22rn 34.22m REQUIRED PARKING: Two for each dwelling unit. METRIC: DISTANCES SHOWN ON THIS PLAN ARE IN METRES Eighlb Avenue KEY PLAN MU CAN BE CONVERTED TO FEET By OlVDING By 03048 (Not To Scale) CAUTION : THIS IS NOT A PLAN OF SURVEY AND SHALL NOT BE USED EXCEPT FOR THE PURPOSE INDICATED N THE TITLE BLOCK, FIFTH AVENUE PIN 22586-0127 (LT) 12 I u.Ub 10,06 1 _F Sn.D D 2 swe Sided og, Cive B No. 1�4 A To Be Removed Beicony SURVEYOR 3 CERTIFICATE THE SURVEY WAS COMPLETED ON THE 18th DAY OF JUNE, 2021. 1117v�B S R—DIII . .. RS OCTOBER 15, 2021 ",_ -----U _____ 9_�______ TE 'LS".01) ROADWESTA01GUELPIKONNITIM NTARAND SURVEYOR Tast9)822403) F(519)822I270 —)db.-. ....... PREPARED FOR: BOJAN BIJELIC REVISIONS: SKETCH PLAN FOR THE PURPOSE OF A SEVERENCE SCALE 1 : 250 PART OF BLOCK F, REGISTERED PLAN 254 5 0 5 10 15 metres CITY OF KITCHENER 21 14 474 00 SEV 169 FIFTH AVENUE, KITCHENER COMMUNITY SERVICES DEPARTMENT DATED: OCT 15/2021 ro QO cor 00 00 Do Z z <n to z < _j DO 0- to __j 0- PIN 22586-0047 (LT) Shed To Be Removed CIVIC # 169 B L 0 C K F R E G I S T E R E D P L A N 2 5 4 TOBE SEVERED AREA EA582.0 sq.M . TO BE RETAINED AREA = 582.0 sq.m. PIN 22586 -0048 (L T) to U*) 03 X00 Do << L() co 10.06 10.06 20.12 O -Z < < PIN 22586-0060 (LT) _j _j CIL I PIN 22586-0059 (LT) SURVEYOR 3 CERTIFICATE THE SURVEY WAS COMPLETED ON THE 18th DAY OF JUNE, 2021. 1117v�B S R—DIII . .. RS OCTOBER 15, 2021 ",_ -----U _____ 9_�______ TE 'LS".01) ROADWESTA01GUELPIKONNITIM NTARAND SURVEYOR Tast9)822403) F(519)822I270 —)db.-. ....... PREPARED FOR: BOJAN BIJELIC REVISIONS: SKETCH PLAN FOR THE PURPOSE OF A SEVERENCE SCALE 1 : 250 PART OF BLOCK F, REGISTERED PLAN 254 5 0 5 10 15 metres CITY OF KITCHENER 21 14 474 00 SEV 169 FIFTH AVENUE, KITCHENER COMMUNITY SERVICES DEPARTMENT DATED: OCT 15/2021 Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: November 9, 2021 REPORT NO.: DSD -2021-216 SUBJECT: Consent Application B2021-060 75 Tillsley Drive Owner — The Governing Council of the Salvation Army Canada Applicant — Kristen Barisdale, c/o GSP Group Inc. RECOMMENDATION: That application B2021-060 for 75 Tillsley Drive, requesting consent to create a new lot with an approximate area of 1.03 hectares, width of 71.0 metres, and depth of 140.1 metres from Block 128, Registered Plan 1819, be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the owner shall enter into an Agreement with The Corporation of the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the "Retained Lands" (being Part 1 and Part 2 on Reference Plan 58R-20691) and Block 129, Plan 1819, to provide the following: a. That title to the Retained Lands and Block 129, Plan 1819 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Retained Lands or Block 129, Plan 1819, shall be separately conveyed, or otherwise dealt with, without the prior consent of The Corporation of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels, to consolidate the severed lands with Block 129, Plan 1819, immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on the recipient parcel, to the satisfaction of the City's Director of Planning, or otherwise receive an exemption from this requirement from said Director. This Site Plan Application shall involve, at minimum, the removal of the retained lands from the plan, but may include revisions to the building, parking, or loading, etc. related to the church. 6. That the owner shall owner make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands and, if necessary, also to the retained lands. 7. That the owner prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the owner prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. 9. a) That the owner shall complete a building code assessment, prepared by a qualified designer, to confirm that the proposed property line and any of the building adjacent to this new property line comply with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. b) A building permit shall be obtained for any remedial work/ upgrades required by the building code assessment. REPORT HIGHLIGHTS: The purpose of this report is to recommend conditional approval of a consent application which is proposing the creation of a new lot. The application is requesting consent to create a new lot (i.e., Parts 3, 4, 5, 58R-20691) with an approximate area of 1.03 hectares, width of 71.0 metres, and depth of 140.1 metres from Block 128, Registered Plan 1819. The applicant further proposes to tie the retained lands to the adjacent subdivision block that contains the existing church building and associated parking (i.e., Block 129, Registered Plan 1819) through an agreement, as an approval condition. Figure 1: Location Map BACKGROUND: Located in the Country Hills West Planning Community, the lands affected by this application are bound by Tillsley Drive to the north, Westmount Road to the west, and Erinbrook Drive to the east. The surrounding area is characterized by a mix of uses, with the property to the north containing the Village of Winston Park long-term care and retirement facility, lands to the south and east containing low-rise residential dwellings, and lands to the east containing a low-rise commercial development. The subject lands are comprised of a whole block on a registered plan of subdivision (i.e., Block 128, Registered Plan 1819). The Salvation Army Kitchener Community Church and associated parking are located on the adjacent subdivision block to the north, which is described as Block 129 Registered Plan 1918. The subject lands are also owned by the church and contain open space that is currently used for a community garden, community skating rink, and landscaped area. The total lands owned by the church (i.e., Block 128 and Block 129, Registered Plan 1819) are 2.6 hectares (6.5 acres)in area. The lands affected by this application are designated Institutional on the Land Use map of City's Official Plan and are designated Community Area on the Urban Structure map. The lands are presently zoned Community Institutional Zone (1-2), with Special Regulation Provision 222R and Special Use Provision 217U. City staff conducted a site visit of the subject property on October 29, 2021. Consent Application B2019-011 and Change to Conditions Consent CC2020-001 were previously submitted and approved by the Committee of Adjustment, subject to conditions. The required conditions of consent approval were not satisfied within the one-year deadline imposed by the Planning Act. Subsequently, the approval lapsed on August 28, 2021. This application is a resubmission of the previous applications, with the severed and retained lands reversed (not change to the intent of the application). Figure 2: Proposed Severance Figure 3: Panorama of Existing Open Space Area of Lands Affected by the Subject Consent Application sms��nr:i ■! v �'•'� _ _ „cam Figure 4: Existing Church on Block 129, Registered Plan 1819 REPORT: Planning Comments: The purpose of this report is to recommend conditional approval of a consent application which is proposing the creation of a new lot. The application is requesting consent to create a new lot with an approximate area of 1.03 hectares, width of 71.0 metres, and depth of 140.1 metres from Block 128, Registered Plan 1819. The retained lands (i.e., Parts 1 and 2, Reference Plan 58R-20691) would have an approximate width of 19.0 metres and a depth of 140.1 metres. The applicant further proposes to tie the retained lands to the adjacent subdivision block that contains the existing church building and associated parking (i.e., Block 129, Registered Plan 1819) through an agreement, as an approval condition. No minor variances are required to facilitate the requested consent application. Ultimately, the property containing the church and associated parking would have an approximate area of 1.61 hectares and would continue to be used for institutional uses. The severed lands are proposed to be developed for multiple residential use. In this regard, to develop the severed lands, the applicant would be required to submit and obtain approval of a new site plan application or develop in accordance with Site Plan Application SP/043/E/AP, which was approved in principle in December 2019, and proposes a 3 -storey, 44 dwelling unit multiple dwelling. With respect to the criteria for the subdivision of land listed in Section 51 (24) of the Planning Act, R.S.O. 1990, c.P.13, the uses of the resultant parcels conform to the City's Official Plan per Section 24(4) of the Planning Act, the dimensions and shapes of the resultant parcels are appropriate and suitable for the existing and proposed uses, the resultant parcels front onto established public streets, and the resultant parcels will be serviced with independent, adequate municipal service connections. The requested consent will allow the creation of a new lot for appropriate residential intensification and will ensure that the existing church continues to function effectively. Planning staff recommends approval conditions to require a revision to the approved Site Plan for the church on the recipient parcel, to reflect the consent, and to require the owner to enter into an agreement to tie the retained lands (i.e., Parts 1 & 2, Reference Plan 58R-2069) to the recipient parcel (i.e., Block 129, Registered Plan 1819), among other conditions. Based on the foregoing, Planning staff recommends that the subject application be approved, subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed applications provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Note that Transportation Services did not have any concerns with the original submission in 2019 (Application #B 2019-011) Heritage Comments: There are no heritage planning concerns associated with this application. Engineering Comments: Engineering provided the following comments on the proposed application: 1) Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. 2) 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 one sanitary, one storm and possibly two water services are currently available to service this property. Erinbrook Drive is fully serviced with sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be directed to Katie Wood (katie.wood(a)kitchener.ca). 3) Any new driveways are to be built to City of Kitchener standards. All works is at the owner's expense and all work needs to be completed prior to occupancy of the building. 4) A servicing plan showing outlets to the municipal servicing system and proposed easements will be required to the satisfaction of the Engineering Division prior to severance approval. 5) 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. 6) The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Environmental Planning Comments: No tree management conditions are required. Parks & Cemeteries Comment: Parkland Dedication was paid as part of a subdivision application and any additional parkland dedication requirements will be assessed at the time of a future site plan application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Consent Application B2019-011 was approved by the Committee of Adjustment in April 2019. • Change of Conditions Application CC2020-001 (related to Consent Application B2019-011) was approved by the Committee of Adjustment in August 2020. • Site Plan Application (SP19/043/E/AP) was submitted for the severed lands and received Approval in Principle in December 2019. N,4*+V- Region of Waterloo Sarah Goldrup 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 Peter Ellis 519-503-2536 D20-20/21 KIT November 8, 2021 Re: Comments for Consent Applications B2021-058, B2021-059, 62021- 060, B2021-061, and B2021-062 Committee of Adjustment Hearing November 16, 2021 CITY OF KITCHENER B2021-058 30 Third Avenue Florim Dragusha The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed dwellings on the severed and the retained lots will be impacted by traffic on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive (57m) and are exposed to the traffic on these high speed and high volume highways. ITMT4WITI-3 M10111 M11 MW1[Q61Yf*T9 Staff also note that there are many stationary noise sources in close proximity to the subject lands. Therefore, because of traffic and stationary noise impacts, a detailed environmental noise study will be required to assess these impacts and the resulting noise mitigation measures recommended for the proposed dwellings. A detailed environmental (transportation) noise study prepared by a qualified acoustical noise consultant will be required for review and approval by the Region of Waterloo. The requirement and implementation of an environmental noise study through a registered agreement with the City of Kitchener will be a Regional condition for this application. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Request ($500 original study and $250 for any revised noise study fee may apply) available at: https://rmow.Permitcentral.ca/Permit/GroupApply EroupId=3 Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the Region's satisfaction and enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. MT4VIi -311 0111iilTaW1E:6IYV%TV 001IN Ell -t] 169 Fifth Avenue Bojan and Petar Bijelic The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a.regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-060 75 Tillsley Drive The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group) The owner/applicant is proposing to sever the current property into two lots. The retained lot would be added to the existing church and continue to be used for a religious institutional use while the proposed severed lot would be developed for residential use. This application is a resubmission of consent application B2019-011. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. MEWIi -311 0111iilTaW1E:6IYV%TV Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed severed and retained lands will likely have impacts from road noise from traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were also identified. A report entitled "Environmental Noise Feasibility Study Proposed Residential Development at 75 Tillsley Drive, Kitchener Ontario" dated May 24, 2019 as prepared by GHD as well as an Addendum Report dated October 9, 2020 have been reviewed by Regional staff and comments were provided to the owner/applicant on July 5, 2019 and October 23, 2019 respectively. Accordingly, the recommendations of the noise study and addendum report, as accepted by the Region, will be required to be implemented through a registered agreement with the Region. It is noted that a Reference Plan (58R-20691) has been prepared by an Ontario Land Surveyor for part of the site. However, upon review, Regional staff note that the Reference Plan needs to be updated or a new one prepared to accompany the registered agreement with the Region as noise warning clauses are required for the daycare that operates out of the church building and this portion of the lands to be retained is not identified on the current R -Plan. Site Plan (Advisory Comments): Regional staff note that the proposed residential building on 525 Erinbrook Drive on the proposed severed lot from 75 Tillsley Drive is being developed through site plan application SP 19/043/E/AP and will be subject to those conditions. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B MWMiiLMiTii►[ItiilTaW1E:6'YL:1 TV B2021-061 111 Schweitzer Street Dragan and Ana Ilic / Marija Ilic (Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings on 111 and 113 Schweitzer Street into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. B2021-062 21 Wendy Crescent Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes — Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. MEW -Tom lTaW1E:61YOSTV The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. General Comments Any future development on the lands subject to the above -noted consent application 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, Peter Ellis, MES Principal Planner November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 G S P > group October 1, 2021 City of Kitchener Planning Department, 61h Floor 200 King Street West Kitchener, ON N2G 4G7 Attention: Andrew Pinnell, MCIP, RPP Senior Planner Dr. Mr. Pinnell: File No. 19057 Re: Application for Consent — Previous Consent B 2019-011 and CC2020-001 75 Tillsley Drive Further to our recent discussions, please accept the enclosed Application for Consent to establish the same permissions previously approved by Consent Application B 2019-011 and Change to Conditions Consent CC2020-001 The purpose of Consent Application B2019-011 was to permit the severance of a 10,304 m2 parcel from the existing 2.64 hectare parcel of land currently owned by the Governing Council of the Salvation Army in Canada. Consent Application B2019-011 was approved by the Committee of Adjustment on April 16, 2019 with 11 conditions of provisional consent approval. A copy of the Notice of Decision for B2019-011 has been appended to this letter. Subsequent to the approval of Consent B2019-011, an application to Change the Conditions of Consent Approval was approved by the Committee of Adjustment on August 18, 2020. This approval revised the wording associated with Conditions 3 and 4 of Consent B2019-011 and established a new lapsing date of August 28, 2021. A copy of the Notice of Decision for CC2020-001 has been appended to this letter. Unfortunately, the required conditions of consent approval were not satisfied within a year of approval of CC2020-001 and the previous consent approval lapsed on August 28, 2021. The enclosed Application for Consent is a complete re -submission of B2019-011 and CC2020-001. In support of this application, please find enclosed the following information: • The completed and signed application form • A copy of the Notice of Decision for Consent B2019-011 • A copy of the Notice of Decision for Change to Consent Conditions CC2020-001 PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE 72 Victoria St. S., Suite 201, Kitchener, ON, N2G 4Y9 162 Locke St. S., Suite 200, Hamilton, ON, 1-8P 4A9 gspgroup.ca • The associated reference plan 58R-20691 (as approved and deposited in accordance with the conditions associated with B2019-011) Hard copies of the above -noted documents as well as the required application fee in the amount of $1,523 will be delivered to your attention in the near future. Please do not hesitate to contact me if you have any questions or require further information. Sincerely, GSP Group Inc. r Kristen Barisdale, MCIP, RPP Associate, Senior Planner GSP Group 12 14 �! CITY OF KITCHENER COMMITTEE OF ADJUSTMENT � r DATE OF DECISION: April 16, 2019 DATE OF MAILING DECISION; April 26, 2019 LAST DAY FOR APPEALS: May 16, 2019 APPLICANT($): GOVERNING COUNCIL SOF THE SALVATION ARMY IN CANADA SUBMISSION NO.: B 2019-011 Enclosed is a copy of the Decision of the Committee of Adjustment for the City of Kitchener in the above noted matter. There is a 20 -day apoeal period from the date of mailing the notice of decision before this decision becomes final and binding. Ycu have a right to appeal this decision to the Local Planning Appeal Tribunal according to Section 53 of the Planning Act. The last day for filing an appeal is noted above. The applicant will be given written notice whether or not an appeal has been submitted. If you wish to file an appeal to this decision, you must submit an Appellant Form (Al) prescribed by the Local Planning Appeal Tribunal , giving reasons for your appeal. Copies of Appellant Form (Al) are available at the Office of the City Clerk or on the Board's website:.hftp://elto.gov.on.ca/. The Local Planning Appeal Tribunal fee is $300.00. You must submit this fee, by certified cheque or money order, in Canadian funds, payable to the "Minister of Finance". The Notice of Appeal, together with the Local Planning Appeal Tribunal flee, must be submitted to the Secretary -Treasurer, Committee of Adjustment, Office of the City Clerk, 2nd Floor, City Hall, 200 King Street West, P. O. Sox 1118, Kitchener ON N2G 4G7. Only individuals, corporations and public bodies may appeal decisions with respect to applications for Consent to the Local Planning Appeal Tribunal. A Notice of Appeal may not be filed by an unincorporated association or group; however, a Notice of Appeal may be filed by an individual who is a member of a group on the group's behalf. Yours truly, Jr 4fy r Dianna Saunderson Secretary -Treasurer Committee of Adjustment NOTES: You will be entitled to receive notit,,e of any changes to the conditions of the Provisional Consent if you have made a written request to be notified. The Planning Act provides for appeals to be filed by "persons." Groups or associations, such as residents' or ratepayers' groups that do not have incorporated status, may not be considered "persons" for purposes of the Act, groups wishing to appeal this decision should do so in the name of an individual group member, and not in the name of the group.. 16OMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER IN THE MATTER OF the application to the Committee of Adjustment for the City of Kitchener, by: Applicant(s): 1-70VERNING COUNCIL OF THE SALVATION ARMY IN CANADA Submission No.: 32010-011 This matter having been heard on the 16th day of April, 2019, and due Notice of Hearing having been given in accordance with the Rules; of Procedure adopted by this Committee, the Committee of Adjustment for the City of Kitchener hereby renders the following DECISION: . That the application of the GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA requesting permission to sever a parcel of land having a width on Erinbrook Drive of 19m, a depth of 140.1 m and an area of 2,651 sq.rn. to be conveyed as a lot addition to the parcel of land described as Block 129, Registered Plan 1819, on Blocks 128 & 129, Registered Plan 1819, 75 Tillsley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 2. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PIF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologhst. 3. That the lands to be severed be added to the abutting lands described as Block 129, Registered Plan 1819, and title be taken into identical ownership as the: abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 4. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 5. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on the recipient parcel, to the satisfaction of the City's Manager of Site Development and Customer Service, or otherwise receive an exemption from this requirement from said Manager. This Site Plan application shall involve, at minimum, the removal of the retained lands from the plan, but may include revisions to the building; parking, or loading, etc. related to the church. 6. That the owner shall make fir ancial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands and, if necessary, also to the retained lands. a, Submission No.: B 2019-011 (Cont'd) 7. That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services, 8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, storrnwater management; etc.) with corresponding layer names and asset information; to the satisfaction of the City's Engineering Services. 9. That the owner shall make: request of, and obtain approval, from the appropriate authority to remove any existing 0.3 metre reserves along the frontage of Erinbrook Drive from the retained lands. 10. That the owner shall subunit an Archaeological Assessment report to th€: Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 11. That the owner shall submit an Environmental Noise Study to the satisfaction of the Region of Waterloo and if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. ...3 Submission No.: B 2019-011 (Cont'd) It is the opinion of this Committee that: 1. A plan of subdivision is not necessary for the proper and orderly development of the municipality. 2. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands. 3. The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which ,are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall Fulfil the above -noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being April 16, 2021. Signed at the City of Kitchener this 16th day of April, 2019. Last Date for Appeal of Decision: May 16, 2019 Date of Mailing Notice of Decision: April 26, 2019 Last Date for Fulfilling Conditions: April 26, 2020. CHAIR EMBER EMBER EMBER MEMBER I certify the foregoing to be a true and correct copy of the Decision of the COMMITTEE OF ADJUSTMENT FOR THE CITY OF KITCHENER IN THE MATTER OF the application to the Committee of Adjustment for the City of Kitchener, by: Applicant(s): GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA Submission No.: CC 2020-001 This matter having been heard on the 18th day of August, 2020, and due Notice of Hearing having been given in accordance with the Rules of Procedure adopted by this Committee, the Committee of Adjustment for the City of Kitchener hereby renders the following DECISION: That the application of GOVERNING COUNCIL OF THE SALVATION ARMY IN CANADA requesting permission to modify Condition 3 and remove Condition 4 of Provisional Consent decision B 2019- 011 granted by the Committee of Adjustment on April 16, 2019, which currently prohibits the applicants' ability to obtain their Certificate of Consent, on Blocks 128 & 129, Plan 1819, 75 Tillsley Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. That the owner shall provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full sized paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. That the owner shall enter into an Agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and Director of Planning, and registered on title to the "Severed Lands" (being Part 1 and Part 2 on Reference Plan 58R-20691) and Block 129, Plan 1819, to provide the following: That title to the Severed Lands and Block 129, Plan 1819 shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and neither of the Severed Lands or Block 129, Plan 1819, shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and /or section 50 (5) of that statute applied to such conveyance or dealing; and b That the Transfer/Deed to effect the severance contemplated herein (being a transfer of Part 3, Part 4 and Part 5 on Reference Plan 58R-20691) shall be approved as to form and content by the City Solicitor and the owner's solicitor shall provide an Undertaking to the City Solicitorto registerthe approved form of Transfer and thereafter provide a copy of the registered Transfer to the City Solicitor. 4 That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. In the event that the approved form of Transfer and/or Agreement registered pursuant to Condition 3 of this Decision renders the Application to Consolidate redundant, the requirement for the solicitor's Undertaking may be waived and this Condition cleared by and at the discretion of the City Solicitor ...2 Submission No.: CC 2020-001 (Cont'd) 5. That the owner shall submit a complete Site Plan Application to revise the existing Site Plan and associated Section 41 Development Agreement for the church on the recipient parcel, to the satisfaction of the City's Manager of Site Development and Customer Service, or otherwise receive an exemption from this requirement from said Manager. This Site Plan application shall involve, at minimum, the removal of the retained lands from the plan, but may include revisions to the building, parking, or loading, etc. related to the church. 0. That the owner shall make financial arrangements, to the satisfaction of the City's Engineering Services, for the installation of all new service connections (i.e., sanitary, storm, and water) to the severed lands and, if necessary, also to the retained lands. 7 That the owner shall prepare a servicing plan showing outlets to the municipal servicing system, to the satisfaction of Engineering Services. 8. That the owner shall prepare and submit a Development Asset Drawing (AutoCAD format) for the site (e.g., servicing, stormwater management, etc.) with corresponding layer names and asset information, to the satisfaction of the City's Engineering Services. That the owner shall make request of, and obtain approval, from the appropriate authority to remove any existing 0.3 metre reserves along the frontage of Erinbrook Drive from the retained lands. 10 That the owner shall submit an Archaeological Assessment report to the Ministry of Culture, Tourism and Sport, and once reviewed and accepted, provide a copy of the acceptance letter and assessment report to the Region of Waterloo's Planning, Development and Legislative Services Department. 11. That the owner shall submit an Environmental Noise Study to the satisfaction of the Region of Waterloo and if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the Region of Waterloo to implement the recommendations of the study. .. 3 Submission No.: CC 2020-001 (Cont'd) It is the opinion of this Committee that: A plan of subdivision is not necessary for the proper and orderly development of the municipality. The requirements of the Zoning By-law are being maintained on the severed lands and the retained lands The use of the land in the application conforms to the City of Kitchener Municipal Plan and the Regional Official Policies Plan. Pursuant to Section 53 of the Planning Act, all oral and written submissions were considered and taken into account as part of the Committee's decision-making process with respect to the subject application. For more information please review the meeting minutes, which are available on the City's website at www.kitchener.ca Pursuant to Subsection 41 of Section 53 of the Planning Act, the applicant shall fulfil the above -noted conditions within one year of the date of giving notice of this decision. Pursuant to Subsection 43 of Section 53 of the Planning Act, the decision of this Committee shall lapse two years from the date of approval, being August 18, 2022. Signed at the City of Kitchener this 18th day of August, 2020. Last Date for Appeal of Decision: September 17, 2020 Date of Mailing Notice of Decision: August 28, 2020 Last Date for Fulfilling Conditions: August 28, 2021. CC 2020-001 - 75 Tillsley Denner Cybalski 8 B) Drive 1-7X, < gg0 c AOcbe 8eelJer. CHAIR Jennifer Meader MEMBER Mike Kidd �e Wac MEMBER Scott Hannah MEMBER Bob McColl MEMBER I certify the foregoing to be a true and correct copy of the Decision of the Committee of Adjustment for the City of Kitchener in the above mentioned application. CL.31 Dianna Saunderson Signed with CorSigrO Cloud (202 010 8 24) Verity with ConsignO or Adobe Reader. Dianna Saunderson Secretary -Treasurer Committee of Adjustment III 1 11 �om� o of PLAN OF SURVEY of BLOCK 128 REGISTERED PLAN 1819 in the CITY OF KITCHENER REGIONAL MUNICIPALITY OF WATERLOO rQle3l�a IBE eyOG I a^R i.aoo .4+ro� _ rv]a�s ioe . n]ele is e II /i BLOCK 132 �G n R.Pq 1819 � las »,w zzeas-ou, «D �m A YES "g O UW ry^ 0 O C 1p�l "]ate=zo•EA aa. g \ LL � rc _ � Ymd W ,R, I -___-___ PART 1 ry0Nl— PART 2 IPea69]i mm _ - PART 3� -�- -- _— RITfENHOUSE ROp.D was irh� o; LOT •_�� 102 rt LOT 1103 LOT 1040 LOT 1105 LOT 11 �106I "'M"0B" q\ \ 4p N\ ^Oo NOS O" No`- m NaJ` b� NNo I 0C1 Rr '9L mp .per \ ,ne ¢18 2'A tiox o2 ^ms I timo ISR \ \ 40dm¢I�I QI ep Qp�=QIsi I¢pI¢o3I NO3 \, z am I Qm I \ y- .y, OBSERVED REFERENCE POINTS I LEGEND BEARING REFERENCE SURVEYOR'S CERTIFICATE N-- 1-1x / qn Staff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 5, 2021 REPORT NO.: DSD -2021-217 SUBJECT: Consent Application B2021-061 111 Schweitzer Street Owner: Dragan and Ana Ilic Applicant: Marja Ilic RECOMMENDATION: That application B2021-061 for consent to sever the existing lot into two new lots for purposes of creating a lot for each unit in a semi-detached dwelling be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $6,902.30. 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 retained lands. 5. That the Owner makes financial arrangements to the satisfaction of the City's Transportation and Engineering Division for the funds for the future sidewalk for the entire frontage of the severed portion of land. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. 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. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 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. 9. 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. 10. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 11. That, prior to final approval the applicant submits a valid Section 59 notice to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to make a recommendation for the proposed request to create a lot by severing an existing lot into two lots. • There are no financial implications to the City. • This report supports the delivery of core services Proposed lot fabric Location Map: 111 Schweitzer Street REPORT: BACKGROUND: P,w Ism -0046 a n Jyyd1 hme N 0+8'1'3<�E Pli 4.l��. ��: Ol4 N 9 • F-% � Ok N ro G,nl F j 9EN4i} 1 1 1 PE`+ET p n7 aw- 64�" 9 .AZX On a ubw M.578 q[gej(wll) 0D43 W — .. Nlb•C7(L'�t'+i t{rJkOWA1E 461 9 RESET g� To be severed 03 a�l a PAWr u. SQ3H M 6y V ++ i N PW 22319 TJ ro S A!4 _� CJ To be retained 2 ff 6.575 ���11 33.566 e w a NNW WOW �( H64W35*E 16&230 ` s �t wcali 4kPNAfF. N+euns.ax c 6 'W�mlwtE E) a' xv s E 5 .60 'If W ! TZEA' �� ;�} S TREE T fIkSCf-f V d � �T "I d� 'I Proposed lot fabric Location Map: 111 Schweitzer 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 Four Zone in Zoning By-law 85-1 Planning Comments: The semi-detached dwelling on the property was built in 2011. The applicant is now looking to sever the semi-detached dwellings so that each can function separately on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, and semi-detached dwellings. Lot sizes vary in width, depth, and area in this neighbourhood. The Owner is requesting permission to sever the subject lands into two lots. The severed lot would have a lot width of 17.958 metres, a depth of 21.224 metres, and an area of 381.14 square metres. The retained lot would have a lot width of 15.578 metres, a depth of 21.269 metres, and an area of 331.33 square metres. City Planning staff conducted a site inspection of the property on November 2, 2021 Existing semi-detached dwelling at 111 Schweitzer Street 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 two separate lots for each side of the semi-detached dwelling is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. 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. Heritage Comments: Heritage Planning has no concerns with this application. Environmental Planning Comments: Environmental Planning has no concerns with this application. Transportation Services Comments: Transportation Services will require cash -in -lieu for a future 1.8m wide concrete sidewalk to be dedicated to Engineering Services for the entire frontage of the lands to be severed. 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 one sanitary and possibly two water services are currently available to service this property. Please note that a storm connection is not necessary if there are no new foundations proposed. Schweitzer St is fully serviced with sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be directed to Katie Wood (katie.wood(u-)-kitchener.ca). • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Comments: 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 $6,902.30. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (1 8.005m -3.00m (corner lot)=15.005m) at a land value of $9,200 per frontage meter. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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. 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. N,4*+V- Region of Waterloo Sarah Goldrup 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 Peter Ellis 519-503-2536 D20-20/21 KIT November 8, 2021 Re: Comments for Consent Applications B2021-058, B2021-059, 62021- 060, B2021-061, and B2021-062 Committee of Adjustment Hearing November 16, 2021 CITY OF KITCHENER B2021-058 30 Third Avenue Florim Dragusha The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed dwellings on the severed and the retained lots will be impacted by traffic on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive (57m) and are exposed to the traffic on these high speed and high volume highways. ITMT4WITI-3 M10111 M11 MW1[Q61Yf*T9 Staff also note that there are many stationary noise sources in close proximity to the subject lands. Therefore, because of traffic and stationary noise impacts, a detailed environmental noise study will be required to assess these impacts and the resulting noise mitigation measures recommended for the proposed dwellings. A detailed environmental (transportation) noise study prepared by a qualified acoustical noise consultant will be required for review and approval by the Region of Waterloo. The requirement and implementation of an environmental noise study through a registered agreement with the City of Kitchener will be a Regional condition for this application. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Request ($500 original study and $250 for any revised noise study fee may apply) available at: https://rmow.Permitcentral.ca/Permit/GroupApply EroupId=3 Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the Region's satisfaction and enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. MT4VIi -311 0111iilTaW1E:6IYV%TV 001IN Ell -t] 169 Fifth Avenue Bojan and Petar Bijelic The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a.regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-060 75 Tillsley Drive The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group) The owner/applicant is proposing to sever the current property into two lots. The retained lot would be added to the existing church and continue to be used for a religious institutional use while the proposed severed lot would be developed for residential use. This application is a resubmission of consent application B2019-011. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. MEWIi -311 0111iilTaW1E:6IYV%TV Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed severed and retained lands will likely have impacts from road noise from traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were also identified. A report entitled "Environmental Noise Feasibility Study Proposed Residential Development at 75 Tillsley Drive, Kitchener Ontario" dated May 24, 2019 as prepared by GHD as well as an Addendum Report dated October 9, 2020 have been reviewed by Regional staff and comments were provided to the owner/applicant on July 5, 2019 and October 23, 2019 respectively. Accordingly, the recommendations of the noise study and addendum report, as accepted by the Region, will be required to be implemented through a registered agreement with the Region. It is noted that a Reference Plan (58R-20691) has been prepared by an Ontario Land Surveyor for part of the site. However, upon review, Regional staff note that the Reference Plan needs to be updated or a new one prepared to accompany the registered agreement with the Region as noise warning clauses are required for the daycare that operates out of the church building and this portion of the lands to be retained is not identified on the current R -Plan. Site Plan (Advisory Comments): Regional staff note that the proposed residential building on 525 Erinbrook Drive on the proposed severed lot from 75 Tillsley Drive is being developed through site plan application SP 19/043/E/AP and will be subject to those conditions. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B MWMiiLMiTii►[ItiilTaW1E:6'YL:1 TV B2021-061 111 Schweitzer Street Dragan and Ana Ilic / Marija Ilic (Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings on 111 and 113 Schweitzer Street into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. B2021-062 21 Wendy Crescent Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes — Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. MEW -Tom lTaW1E:61YOSTV The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. General Comments Any future development on the lands subject to the above -noted consent application 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, Peter Ellis, MES Principal Planner November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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 Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: November 16, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 2 REPORT NO.: DSD -2021-218 SUBJECT: Consent Application B2021-062 19-21 Wendy Crescent Owner: Ingrid Fehderau Applicant: Patrick Haramis RECOMMENDATION: That application B2021-062 for consent to sever the existing lot into two new lots for purposes of creating a lot for each unit in a semi-detached dwelling be approved subject to the following conditions: 1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division; 2. That the owner pays to the City of Kitchener a cash -in -lieu contribution for park dedication on the severed parcel equal in the amount of $4,600.00. The park land dedication is calculated at the residential rate of 5% of the per metre lineal frontage land value for the severed portion. 3. That the owner 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 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 system to the satisfaction of the Director of Engineering Services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10. That prior to final approval, the applicant submits a valid Section 59 notice to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to make a recommendation for the proposed request to create a lot by severing an existing lot into two lots. • There are no financial implications to the City. • This report supports the delivery of core services WENDY CRESCENT R.4 1681 RW 2Kri 9 e, r) I MOOG 10.000 �E- - n r Y f... 1 329 329 i� u,Av rra V Mum. X6.19 Mum. Xn, 21 Mn. r1o. 27 4 d 3 LOT n 41 T A o LOT 4 PW 23548 0248 Ce rt PART 2, 0 4andst©he lands to 6e o FART 2, 58R-77358" severed Retained PAV ng: RA _5$R—,20729 �7Y f T OS3S i(J z Art*:Zoni�34�0 m' Area f 3+40 rn' � o o Chan L.a e. 10.900 L — - - 120 l-- N71'46'40`E i -OM Proposed lot fabric Int W,_Mmor � 1�1 Location Map: 19-21 Wendy Crescent REPORT: BACKGROUND: The property is designated as Low Rise Residential in the City's Official Plan and identified as a Community Area on the City's Urban Structure Map. The property is zoned as Residential Four Zone in Zoning By-law 85-1. Planning Comments: The semi-detached dwelling on the property was built in 1988. The applicant is now looking to sever the semi-detached dwellings so that each can function independently on the severed and retained lands. The existing development of the neighbourhood consists of a mix of single detached dwellings, and semi-detached dwellings. Most of the surrounding lots on Wendy Crescent are semi- detached dwellings. Lot sizes do vary in width, depth, and area in this neighbourhood. The Owner is requesting permission to sever the subject lands into two lots. The severed lot would have a lot width of 10.0 metres, a depth of 34.0 metres, and an area of 340.0 square metres. The retained lot would have a lot width of 10.0 metres, a depth of 34.0 metres, and an area of 340.0 square metres. City Planning staff conducted a site inspection of the property on November 2, 2021 Existing semi-detached dwelling at 19-21 Wendy Crescent With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the two separate lots for each side of the semi-detached dwelling is desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. 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. Heritage Comments: Heritage Planning has no concerns with this application. Environmental Planning Comments: Environmental Planning has no concerns with this application. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: • If there are no new foundations proposed and the existing services are to remain, there are no engineering comments. If new foundations or services are proposed: • 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 one sanitary and possibly two water services are currently available to service this property. Please note that a storm connection is not necessary if there are no new foundations proposed. Wendy Cres is fully serviced with sanitary sewer, storm sewer and water main. Any further enquiries in this regard should be directed to Katie Wood (katie.wood(a)-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 outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the street sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street. Parks/Operations Comments: 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 $4,600.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of (10.002m) at a land value of $9,200 per frontage meter. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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. 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. N,4*+V- Region of Waterloo Sarah Goldrup 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 Peter Ellis 519-503-2536 D20-20/21 KIT November 8, 2021 Re: Comments for Consent Applications B2021-058, B2021-059, 62021- 060, B2021-061, and B2021-062 Committee of Adjustment Hearing November 16, 2021 CITY OF KITCHENER B2021-058 30 Third Avenue Florim Dragusha The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per new lot created prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed dwellings on the severed and the retained lots will be impacted by traffic on Highway 7/8 ramps and Kingsway Drive. Staff note that the subject lands are in close proximity to traffic on the Highway 7/8 on-off ramps (100m) and Kingsway Drive (57m) and are exposed to the traffic on these high speed and high volume highways. ITMT4WITI-3 M10111 M11 MW1[Q61Yf*T9 Staff also note that there are many stationary noise sources in close proximity to the subject lands. Therefore, because of traffic and stationary noise impacts, a detailed environmental noise study will be required to assess these impacts and the resulting noise mitigation measures recommended for the proposed dwellings. A detailed environmental (transportation) noise study prepared by a qualified acoustical noise consultant will be required for review and approval by the Region of Waterloo. The requirement and implementation of an environmental noise study through a registered agreement with the City of Kitchener will be a Regional condition for this application. The noise consultant preparing the Environmental Noise Study must complete and submit a Transportation Planning Noise Assessment Request ($500 original study and $250 for any revised noise study fee may apply) available at: https://rmow.Permitcentral.ca/Permit/GroupApply EroupId=3 Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a-)regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to complete a detailed environmental noise study prepared by a qualified acoustical noise consultant to the Region's satisfaction and enter into an agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study which may include, but is not limited to, stationary noise recommendations, special building components, and noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. MT4VIi -311 0111iilTaW1E:6IYV%TV 001IN Ell -t] 169 Fifth Avenue Bojan and Petar Bijelic The owner/applicant is proposing to sever the existing lot into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Airport Zoning (Advisory Comments): There are no airport specific concerns for the above application. However, the applicants must be advised that the subject lands are located within airport zoning regulated area and specifically under the runway take -off approach surface. Therefore, the lands 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 B. Campbell, Project Manager, Airport Construction and Development 519.648.2256 ext. 8511 Email: KCampbell(a.regionofwaterloo.ca The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per new lot created. B2021-060 75 Tillsley Drive The Governing Council of the Salvation Army Canada / K. Barisdale (GSP Group) The owner/applicant is proposing to sever the current property into two lots. The retained lot would be added to the existing church and continue to be used for a religious institutional use while the proposed severed lot would be developed for residential use. This application is a resubmission of consent application B2019-011. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. MEWIi -311 0111iilTaW1E:6IYV%TV Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental and Stationary Noise: The proposed severed and retained lands will likely have impacts from road noise from traffic on Westmount Road (Regional Road No. 50). Stationary noise concerns were also identified. A report entitled "Environmental Noise Feasibility Study Proposed Residential Development at 75 Tillsley Drive, Kitchener Ontario" dated May 24, 2019 as prepared by GHD as well as an Addendum Report dated October 9, 2020 have been reviewed by Regional staff and comments were provided to the owner/applicant on July 5, 2019 and October 23, 2019 respectively. Accordingly, the recommendations of the noise study and addendum report, as accepted by the Region, will be required to be implemented through a registered agreement with the Region. It is noted that a Reference Plan (58R-20691) has been prepared by an Ontario Land Surveyor for part of the site. However, upon review, Regional staff note that the Reference Plan needs to be updated or a new one prepared to accompany the registered agreement with the Region as noise warning clauses are required for the daycare that operates out of the church building and this portion of the lands to be retained is not identified on the current R -Plan. Site Plan (Advisory Comments): Regional staff note that the proposed residential building on 525 Erinbrook Drive on the proposed severed lot from 75 Tillsley Drive is being developed through site plan application SP 19/043/E/AP and will be subject to those conditions. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. 3) That prior to final approval, the owner/applicant is required to enter into an agreement with the Region of Waterloo to implement the conclusions and recommendations of the accepted Noise Feasibility Study (and Addendum Report), which includes, but is not limited to, stationary noise recommendations in the agreement as well as applicable noise warning clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements, condominium declarations for all units on the subject lands. B MWMiiLMiTii►[ItiilTaW1E:6'YL:1 TV B2021-061 111 Schweitzer Street Dragan and Ana Ilic / Marija Ilic (Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings on 111 and 113 Schweitzer Street into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. B2021-062 21 Wendy Crescent Ingrid Willms (Fehderau) / Patrick Haramis (JD Barnes — Agent) The owner/applicant is proposing to officially sever the semi-detached dwellings into two separate lots. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. MEW -Tom lTaW1E:61YOSTV The Region has no objection to the proposed application, subject to the following condition: 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 must submit a valid section 59 notice. General Comments Any future development on the lands subject to the above -noted consent application 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, Peter Ellis, MES Principal Planner Region of Waterloo November 01, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (5) /15 KING KIT 741 KING STREET WEST HIP DEVELOPMENT (8) /08 WEBER KIT, 1333 WEBER STREET EAST PAMATA HOSPITALITY INCORPORATED Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-121 — 389 Robert Ferrie Drive — No Concerns. 2) A 2021-122 — 256 Belmont Avenue West — No Concerns. 3) A 2021-123 — 449 East Avenue — No Concerns. 4) A 2021-124 — 184 Lakeside Drive —No concerns. 5) A 2021-125 — 741 King Street West — No Concerns. 6) A 2021-126 — 59 Frey Crescent — No Concerns. 7) A 2021-127 — 1084 Union Street — No Concerns. 8) A 2021-128 — 1333 Weber Street East — No Concerns subject to review & approval of the revised TIS/TDM measures by the Regional staff, prior to approval of the revision to the original Site Plan. 9) A 2021-129 — 106 Belleview Avenue — No Concerns. Document Number: 3863581 Page 1 of 2 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 CC: Dianna Saunderson CofA(a)Kitchener. ca KA November 1, 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 Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — November 16, 2021 Applications for Minor Variance A 2021-116 169 Fifth Avenue 74 Rutherford Drive A 2021-117 75 Tillsley Drive 74 Rutherford Drive A 2021-121 111 Schweitzer Street 389 Robert Ferrie Drive A 2021-122 19-21 Wendy Crescent 256 Belmont Avenue West A 2021-123 106 Belleview Avenue 449 East Avenue Application for Consent B 2021-054 74 Rutherford Drive B 2021-058 30 Third Avenue B 2021-059 169 Fifth Avenue B 2021-060 75 Tillsley Drive B 2021-061 111 Schweitzer Street B 2021-062 19-21 Wendy Crescent A 2021-125 741 King Street West A 2021-126 59 Frey Crescent A 2021-127 1084 Union Street A 2021-128 1333 Weber Street East A 2021-129 106 Belleview Avenue The above -noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2228 or aherremanQgrand 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