HomeMy WebLinkAboutDSD-2021-235 - B 2021-067 & B2021-068, A2021-142 & A2021-0143, 47-75 Charles St. E. 40-42, 50 Eby StreetStaff Report
Dbvelo n7ent Services Department
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 14, 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 9
DATE OF REPORT: December 3, 2021
REPORT NO.: DSD -2021-235
SUBJECT: Consent Applications B2021-067 & B2021-068
Minor Variance Applications A2021-142 & A2021-143
47-75 Charles Street East & 40-42, 50 Eby Street South
Owners: K -W Working Centre for the Unemployed
House of Friendship of Kitchener
Applicant: Brandon Flewwelling, GSP Group
RECOMMENDATIONS:
I. That Minor Variance Application A2021-142 requesting relief from Zoning By-law 85-1
as follows: Section 46.3 of the Zoning By-law to permit a front yard setback of 2.0
metres rather than the required 3.0 metres; and requesting relief from Section 6.1.2a
of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space
per 90m2 of Office space, and 1 space per 15m2 of health offices use, rather than the
required 1.25 spaces per dwelling unit, 1 space per 28m2 for office use, and 1 space
per 15m2 of health office use; and requesting relief from 6.1.2b of the Zoning By-law
to permit a visitor parking rate of 0% rather than 20% of the required parking; and
requesting relief from Section 6.1.7.1 of the Zoning By-law to permit 3 barrier free
spaces, whereas 6 is required, be approved subject to the following conditions;
1. That Site Plan approval is issued to the satisfaction of the Manager of Development
Review.
2. That a minimum of 56 Class A bicycle parking spaces be provided on the main floor
of the proposed nine storey building for residents as noted within the Paradigm
Parking Study, and, that a minimum of 14 Class A bicycle parking spaces be provided
within the underground parking garage as noted within the Paradigm Parking Study
for staff/volunteers to the satisfaction of the Manager of Transportation Services.
3. That all conditions shall be completed prior to December 1St, 2023. Any request for a
time extension must be approved in writing by the Manager of Development Review
(or designate), prior to the completion date set out in this decision. Failure to fulfill
these conditions, will result in this approval becoming null and void.
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Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
II. That Minor Variance Application A2021-143 requesting relief from Zoning By-law 85-1
as follows: Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces
per dwelling unit, 1 space per 90m2 of Office space, rather than the required 1.25
spaces per dwelling unit, 1 space per 28m2 for office use; and requesting relief from
6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20% of
the required parking; and requesting relief from Section 6.1.7.1 of the Zoning By-law
to permit 1 barrier free spaces, whereas 2 is required; and requesting relief from
Section 6.1.1.2a) of to the Zoning By-law to not require a visual barrier along the lot
line where a parking lot abuts a residential zone, whereas a visual barrier is required;
and requesting relief from Section 46.3 of the Zoning By-law to permit dwelling units
located at grade to not require an exclusive patio area, whereas an exclusive patio is
required for dwelling units located at grade be approved, and
III. That Application B2021-067 for consent to sever an existing lot into three lots be
approved subject to the following conditions:
1. That Minor Variance Application A2021-142 receive final approval.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property to the satisfaction of the
City's Revenue Division;
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, prior to final approval, the Owner receives site plan approval for the severed
lands to the satisfaction of the Manager of Development Review.
5. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
6. The owner/applicant must enter into an agreement with the Region of Waterloo to
include the following noise mitigation and warning clause in all Offers of Purchase
and Sale, lease/rental agreements and condominium declarations for all dwellings
and noise sensitive land uses on the severed Parcel 1 lands:
a) All dwellings and any noise sensitive units will be fitted with forced air -ducted
heating system suitably sized and designed and installed with air
conditioning system prior to occupancy.
b) Noise Warning Type D: "This dwelling unit has been supplied with a central
air conditioning system which will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks." and further,
IV. That Application B-2021-068 for consent to sever an existing lot into three lots be
approved subject to the following conditions:
1. That Minor Variance Application A2021-143 receive final approval.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property to the satisfaction of the
City's Revenue Division;
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, prior to final approval, the Owner receives site plan approval to acknowledge
the alteration of the parking layout for the severed lands to the satisfaction of the
Manager of Development Review.
5. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
6. The owner/applicant must enter into an agreement with the Region of Waterloo to
include the following noise warning clause in all Offers of Purchase and Sale,
lease/rental agreements and condominium declarations for all dwellings and noise
sensitive land uses on the severed and retained lands:
a) Noise Warning Type A: "Purchasers/tenants are advised that sound levels
due to increasing traffic on Charles Street East may occasionally interfere
with some activities of the dwelling / unit occupants as the sound levels
exceed the sound level limits of the Regional Municipality of Waterloo and the
Ministry of the Environment, Conservation and Parks."
REPORT HIGHLIGHTS:
The consent application is requesting to sever an existing lot into three lots. The retained lands will
contain an existing multiple dwelling and surface parking and the severed parcel 1 (47-63 Charles
St. E.) will contain a new mixed-use development, consisting of affordable residential units, office
space and health office space. The severed parcel 2 (75 Charles St. E., & 40-42 Eby St. S.) will
contain an existing multiple dwelling, and will provide access to underground parking for the new
building being proposed on severed lands 1. Minor variance applications are also required for each
of the severed lands. Severed parcel 1 requires a parking reduction, and front yard setback
reduction. Severed parcel 2 requires a parking reduction, to eliminate the requirement for a visual
barrier along the property line adjacent to a residential zone, and to eliminate the requirement for
private patio areas at grade for dwelling units located on the ground floor at grade. Both minor
variances are requesting reductions in visitor and barrier free parking. The barrier free parking
calculation will be applied to the approved new parking rate, which results in a lower number of
barrier free parking spaces. A reduction in visitor spaces is requested as it is the direction that there
will be very few visitors on site, and parking spaces will be able to be shared between uses.
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Location Map: 47-75 Charles Street East and 40-42, 50 Eby Street South
REPORT:
BACKGROUND:
The properties known as 47-75 Charles St. E. and 40-42 Eby St. S. are designated High Density
Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. 50 Eby St. S. is
designated High Density Multiple Residential in the Cedar Hill Neighbourhood Secondary Plan.
47-55, 75 Charles St. E and 40-42 Eby St. S, area are zoned Commercial Residential Three Zone
(CR -3) with special regulation 136R. 63 Charles St. E. is zoned CR -3. 50 Eby St. S. is zoned as
Residential Nine Zone (R-9) in Zoning By-law 85-1.
Planning Comments:
The existing property contains multiple buildings on the subject lands. The applicant proposes to
demolish the existing structures on 47-63 Charles St. E. (Severed lands 1) in order to redevelop the
properties for a new mixed use development, consisting of affordable residential units, office space
and health office space. Severed lands 2 consisting of 75 Charles St. E. will remain a mixed-use
building consisting of residential units and office space, while 40-42 Eby Street will be demolished
in order to provide access to parking for Severed lands 1. The retained parcel (50 Eby St. S) will
remain a multiple dwelling building and the severance effectively reinstates the lot lines as they
existed prior to merging on title. Lot sizes vary in width, depth, and area in this neighbourhood.
Consent Applications
The applicant is requesting permission to sever the subject lands into three lots. The retained lot (50
Eby Street South) would have a lot width of 20.2 metres, a depth of 64.94 metres, and a lot area of
2120 square metres (0.212 ha).
B2021-067 (Severed Parcel 1 - 47-63 Charles Street East)
Severed Parcel 1 is proposed to have a lot width of 73.5 metres, a depth of 38.1 metres and a lot
area of 2790 square metres (0.279 ha).
B2021-068 (Severed Parcel 2 - 75 Charles Street East, 40-42 Eby Street South)
Severed parcel 2 is proposed to a lot width of 31.8 metres, a depth of 43.58 metres and a lot area
of 1680 square metres (0.168 ha).
Official Plan
The subject lands are designated High Density Commercial Residential in the Cedar Hill
Neighbourhood Secondary Plan. The High Density Commercial Residential designation permits
multiple dwelling building types as well as a range of uses which includes offices, office support
services, and health office/clinics.
The proposed severance is in accord with this aspect of the plan and maintains the high density
commercial residential land use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan,
and that the lots are in conformity with the Zoning By-law, or a minor variance has been
granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern of
surrounding lands by taking into consideration lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper
and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum CR -3 zone lot size requirements and minor variances are not required for the creation of
the lots themselves. 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
neighbourhood which is developed with a variety of uses including residential, commercial and office
with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services
are available. There are no natural heritage features that would be impacted by the proposed
consent application. Planning staff is of the opinion that the proposed severances conform with the
City of Kitchener Official Plan.
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed applications will facilitate a form of intensification
of the subject property with the creation of lots and a mix of uses that are compatible with the
surrounding community and will make use of the existing infrastructure. No new public roads would
be required for the proposed development. Planning staff is of the opinion that this proposal is
consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in close proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built-up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Planning Conclusions
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape
of the proposed lots are suitable for the use of the lands and compatible with the surrounding
community. There are existing schools within the neighbourhood. Staff is further of the opinion that
the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the
public interest.
City Planning staff conducted a site inspection of the property on November 26, 2021.
Existing site conditions of 47-63 Charles Street East and 75 Charles Street East (Top) and
75 Charles Street East (Bottom)
Existing site conditions of 40-42 Eby Street South (Left) and
50 Eby Street South (Right)
Minor Variance Applications
To facilitate the consent application the severed and retained lands require minor variances to permit
the proposed development and to legalize some of the existing site conditions for the building that
is to remain at 75 Charles St. E.
Minor Variance Application - A2021-142 (Severed Parcel 1 - 47-63 Charles Street East)
The applicant is requesting relief from Zoning Bylaw 85-1 as follows: Section 46.3 of the Zoning By-
law to permit a front yard setback of 2.0 metres rather than the required 3.0 metres; relief from
Section 6.1.2a of the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space
per 90m2 of Office space, and 1 space per 15m2 of health offices use, rather than the required 1.25
spaces per dwelling unit, 1 space per 28m2 for office use, and 1 space per 15m2 of health office
use; Relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20%
of the required parking; and, relief from Section 6.1.7.1 of the Zoning By-law to permit 3 barrier free
spaces, whereas 6 is required.
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of the Official Plan
The requested variances meet the general intent of the Official Plan. The subject property is
designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan.
The designation permits multiple dwelling building types as well as a range of uses which includes
offices, office support services, and health office/clinics. The requested variances to permit reduced
parking requirements and a reduced front yard setback are appropriate. The Official Plan permits
adjustments to parking requirements for properties within an area, 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 (OP 13.C.8.3). The
requested minor variance for parking conforms to the direction of the Official Plan as there is alternative
parking facilities located within 200 metres of the subject site, as well as the proximity to a light rail
transit station. The proposed new building also incorporates enhanced TDM measures by including a
large indoor secured bike storage area for building residents and employees. The reduced front yard
setback will permit a development in line with the adjacent building and will maintain the character of
the neighbourhood and streetscape.
General Intent of the Zoning By-law
The requested variances to permit a front yard setback of 2.0 metres and to permit the reduction in
parking for the proposed new development meets the general intent of the Zoning By-law. The intent
of the Zoning By-law parking rates is to ensure there is sufficient parking available for residents,
visitors, employees and patrons within the development. The residential parking rate of 1.25 spaces
per unit does not distinguish between the tenure, affordability or size of the dwelling units. The
intended use of the new development is for supportive housing and it is the intent of the development
to not require as many parking spaces because it is not expected for every resident to own or use a
personal vehicle. The reduced parking rates are appropriate for the lands and is also supported by
the parking study prepared by Paradigm Transportation Solutions. Furthermore, in respect to the
reduction in visitor parking, a number of the parking spaces that are required for the uses within the
building will be designated shared parking spaces. If visitors do require a parking space they will be
able to park for a short period of time within the shared parking spaces. Staff are in support of the
recommendations within the parking study.
The intent of the front yard setback requirement of 3.0 metres is to ensure there is appropriate
spacing of buildings, and a consistent street edge presence. The 1.0 metre reduction that is
proposed will maintain a street edge consistent with the adjacent property (75 Charles St. E.) and
will encourage a strong built form along the right of way.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law.
Is the Variance Minor?
The reduction of the front yard setback and parking requirements are considered minor. Staff are of
the opinion that the requested variances will permit a new development that will be able to integrate
within the established neighbourhood and will not negatively affect the surrounding area. The proposed
parking rates are deemed to meet the needs of the proposed new uses for the development and
appropriate other modes of transportation are in close proximity for daily use.
Is the Variance ADDroariate?
The proposed variances are appropriate for the development. The proposed development will provide
affordable, supportive dwelling units, and the supportive services that residents will require. The
development is in line with provincial, regional and City planning policies that support redevelopment
and intensification of properties located close to the downtown core as well as a mix of housing types
including affordable and supportive housing. The reduction in parking and front yard setback is
appropriate and will not negatively impact the character of the subject property or surrounding
neighbourhood.
Minor Variance Application - A2021-143 (Severed Parcel 2 - 75 Charles Street East)
Furthermore the applicant is requesting relief from Zoning Bylaw 85-1 as follows: Section 6.1.2a of
the Zoning By-law to permit a parking ratio of 0.2 spaces per dwelling unit, 1 space per 90m2 of
Office space, rather than the required 1.25 spaces per dwelling unit, 1 space per 28m2 for office
use; Relief from 6.1.2b of the Zoning By-law to permit a visitor parking rate of 0% rather than 20%
of the required parking; Relief from Section 6.1.7.1 of the Zoning By-law to permit 1 barrier free
spaces, whereas 2 is required; Relief from Section 6.1.1.2a) of the Zoning By-law to not require a
visual barrier along the lot line where a parking lot abuts a residential zone, whereas a visual barrier
is required; Relief from Section 46.3 of the Zoning By-law to permit dwelling units located at grade
to not require an exclusive patio area, whereas an exclusive patio is required for dwelling units
located at grade.
General Intent of the Official Plan
The requested variances meet the general intent of the Official Plan. The subject property is
designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan.
The designation permits multiple dwelling building types as well as a range of uses which includes
offices, office support services, and health office/clinics. The requested variances to permit reduced
parking requirements and a reduced front yard setback are appropriate. The Official Plan permits
adjustments to parking requirements for properties within an area, 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 (OP 13.C.8.3). The
requested minor variance for parking conforms to the direction of the Official Plan as there is alternative
parking facilities located within 200 metres of the subject site, as well as the proximity to a light rail
transit station. The proposed parking will be relocated to a new area on site, and the number of parking
spaces recognizes an existing legal non -conforming condition. The relief in requirements for a visual
barrier and exclusive patio for units at grade recognize existing conditions of the property.
General Intent of the Zoning By-law
The requested variances to permit the reduction in parking, the relief in requirements for a visual barrier
and exclusive use patio for units at grade meets the general intent of the Zoning By-law. There are no
physical changes contemplated to 75 Charles St. E., nor will the existing amount of parking
decrease. The existing parking will be removed and relocated to another area on site, but the amount
of parking provided is not being altered. The existing building at 40-42 Eby St. S. is intended to be
removed to provide the parking area and access to 47-63 Charles St. E.
The intent of the visual barrier requirement is to provide adequate screening to adjacent residential
developments in order to reduce the negative interaction between parking and dwellings including
their amenity areas. This specific parcel is adjacent to a residential property (proposed retained),
however it is adjacent to the parking area that serves the residential building. There are no residential
dwelling directly abutting the proposed parking area. Furthermore, there is a significant grade
change between the two properties and an existing retaining wall that will further screen the parking
area.
The intent of the private patio at grade requirement is to ensure that dwelling units at grade have
private amenity space for their own private use. The current structure predates the regulation for
private patios and we are legalizing and existing situation. Furthermore, there is a large outdoor
amenity space proposed for the development that residents within the building may access.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law
Is the Variance Minor?
The reduction of the parking requirements and relief in requirements for a visual barrier and exclusive
use patio for units at grade are considered minor. Staff are of the opinion that the requested variances
will legalize an existing building and the proposed parking rates are deemed to meet the needs of the
proposed new uses for the development and appropriate other modes of transportation are in close
proximity for daily use. Furthermore, the secured bicycle parking that is proposed in the adjacent new
building will be accessible for residents and staff to use. Staff is of the opinion that the requested
variances will not negatively affect the adjacent properties or surrounding neighbourhood.
Is the Variance Appropriate?
The proposed variances are appropriate for the development. The proposed development is an existing
structure and use, however legalization of the parking and other requirements, are as a result of the
consent application and the alterations to the lot size, thus creating a new lot. The development keeps
in line with provincial, regional and City planning policies that support redevelopment and intensification
of properties located close to the downtown core. The requested variances are appropriate and will not
negatively impact the character of the subject property or surrounding neighbourhood.
Building Comments:
The Building Division has no objections to the proposed variances or proposed consents.
Heritage Comments:
The subject lands are located adjacent to a Part IV designated property (90 Church Street) and
contain properties located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL).
A Heritage Impact Assessment (HIA) prepared by McCallum Sather and dated November 22, 2021
has been submitted. The HIA concludes that the proposed development does not have impact on
the designated heritage property at 90 Church Street. The HIA does conclude that the proposed
development will have impact on the property municipally addressed as 40-42 Eby Street, which the
HIA concludes as cultural heritage value or interest and is located within the boundary of the Cedar
Hill Neighbourhood CHL.
The HIA is under review by the City's Senior Heritage Planner in consultation with Heritage
Kitchener.
Heritage Planning staff do not have concerns with the proposal to sever the subject lands into three
separate lots or the associated variances related to parking, setbacks, and patio areas.
Environmental Planning Comments:
Tree management requirements will be addressed through the Site Plan application. Environmental
Planning staff has no further concerns with the proposed applications.
Transportation Services Comments:
Application No. A 2021-142 — 47-63 Charles Street East
After reviewing Paradigm Transportation Solutions Ltd. Parking Study (October 26, 2021) that was
submitted as part of this application, Transportation Services offer the following comments.
This site will function as an affordable or transitional/supportive housing use with an office and
medical counselling uses operated by the House of Friendship. Paradigm's report notes that the
parking requirement for residents living in affordable and supportive housing is limited and this site
will not be providing parking for residents. However, parking for staff/volunteers/visitors will be
provided at a rate consistent for the applicant's needs, based on their experience with these types
of uses.
The site is serviced by two exiting Grand River Transit routes and an ION station that are
approximately 220m or less from the site, with existing sidewalk connections on both sides of the
streets in the area. Indoor secure Class A bicycle parking will be provided for residents to take
advantage of the cycling routes in the area.
Should there ever be a need for addition parking for staff/volunteers/visitors, off-site parking is
provided by the City of Kitchener at two surface parking lots and one parking garage located
approximately 200m or less from the site. There is also on -street parking available within the area,
approximately 200m or less from the site.
Therefore, based on the analysis and information provided by Paradigm in their report,
Transportation Services can support the requested parking variances being sought provided that the
following is provided:
• That 56 Class A bicycle parking spaces be provided on the main floor of the proposed
nine storey building for residents as noted within the Paradigm Parking Study, and,
• That 14 Class A bicycle parking spaces be provided within the underground parking
garage as noted within the Paradigm Parking Study for staff/volunteers.
Application No. A 2021-143 — 75 Charles Street East & 40-42 Eby Street
After reviewing Paradigm Transportation Solutions Ltd. Parking Study (October 26, 2021) that was
submitted as part of this application, Transportation Services offer the following comments.
This site functions as an office use operated by the House of Friendship. Paradigm's report notes
staff will have a work -from -home model and shift work occurring on-site, which enables parking to
be shared among the employees at different times of the day. The parking being provided on-site is
at a rate consistent for the applicant's needs, based on their experience with these types of uses.
The site is serviced by two exiting Grand River Transit routes and an ION station that are
approximately 220m or less from the site, with existing sidewalk connections on both sides of the
streets in the area. Indoor secure Class A bicycle parking will be provided for staff/volunteers to take
advantage of the cycling routes in the area.
Should there ever be a need for addition parking for staff/volunteers/visitors, off-site parking is
provided by the City of Kitchener at two surface parking lots and one parking garage located
approximately 200m or less from the site. There is also on -street parking available within the area,
approximately 200m or less from the site.
Therefore, based on the analysis and information provided by Paradigm in their report,
Transportation Services can support the requested parking variances being sought.
Application No. B 2021-067 to 068 — 47-75 Charles Street East & 40-42, 50 Eby Street
After reviewing Paradigm Transportation Solutions Ltd. Traffic Impact Brief (October 25, 2021) that
was submitted as part of this application, Transportation Services offer the following comments.
Based on the analysis and information provided by Paradigm in their Traffic Impact Brief, the 2031
Total Future Traffic Operations for this development will not have a negative impact the surrounding
road network.
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. Since these
blocks will be consolidated, only one set of services will be permitted to service these
lands.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections and/or removal of existing
connections that may be required to service this property, all prior to Site Plan approval.
Charles St. E. and Eby St. S. have sanitary sewer, storm sewer and water main. Any
further enquiries in this regard should be directed to Eric Riek (eric.riek(d)-kitchener.ca).
• 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 site plan approval.
Operations Comments:
Parkland Dedication requirements will be deferred to the required 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:
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 N213 4A Canada
Telephone: 519-575-4400
TTY: 519-575-46CB
Fax: 519-575-4466
www. reglonofwate ri oo.ca
Peter Ellis
519-503-2536
D20-20/21 KIT
December 7, 2021
Re: Comments for Consent Applications B2021-067 and B2021-068
Committee of Adjustment Hearing December 14, 2021
CITY OF KITCHENER
B2021-067 and B2021-068
47-75 Charles Street East and 40-42, 50 Eby Street
House of Friendship of Kitchener / K -W Working Centre for the Unemployed /
Brandon Flewwelling (GSP Group Inc — Agent)
The owner/applicant is proposing to sever the assembled land into three distinct parcels
for mortgage purposes. The intent of House of Friendship of Kitchener is to maintain
ownership on the three resulting parcels. The proposal for the three parcels are
generally described as follows:
Parcel 1 — demolish the existing single detached dwellings municipally
addressed as 47-63 Charles Street East. The owners/applicants are proposing a new
nine storey building fronting Charles Street East containing offices, support services and
recreational facilities on the lower levels and 72 affordable/supportive residential units
on the upper levels. Parking is proposed to be provided at the rear of the building as
well as below grade.
Parcel 2 — a corner lot fronting on both Charles Street East and Eby Street
South, the existing multi -unit residential building known as "Charles Village" at 75
Charles Street East will be retained. The existing single -detached residential building at
40-42 Eby Street South will be demolished to allow for driveway access to the parking
garage on Parcel 1 and the addition of 7 surface parking spaces for Charles Village.
MWIi -3iTii►[ttiill MI: OMiI0C
Parcel 3 — fronting on Eby Street, the existing 9 -storey multi -unit residential
building known as "Eby Village" at 50 Eby Street South will be retained.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per new lot ($350 x 2 new severed parcels) prior to final approval of the consent.
Water Services (Advisory Comments):
Regional staff note that no connection to the Regional watermain along Charles Street
East will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines
and Supplemental Specifications for Municipal Services for January 2021. However,
Regional staff note that local (City) watermains are located on Charles Street East and
Eby Street South.
Environmental Noise:
The subject lands are likely to have impacts from environmental noise in the vicinity and
from traffic along Charles Street East. In terms of transportation noise, the following
conditions must be secured through a registered agreement with the Region:
A) Parcel 1 Only - All dwellings and any noise sensitive units will be fitted with
forced air -ducted heating system suitably sized and designed and installed with
air conditioning system prior to occupancy.
B) The following noise warning clauses be included in agreements of Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
the dwelling units/noise sensitive land uses e.g. daycare, medical building etc.:
1) Noise Warning Type A (On ALL dwelling units): "Purchasers/tenants are
advised that sound levels due to increasing traffic on Charles Street East may
occasionally interfere with some activities of the dwelling / unit occupants as
the sound levels exceed the sound level limits of the Regional Municipality of
Waterloo and the Ministry of the Environment, Conservation and Parks."
2) Noise Warning Type D (Parcel 1 Only): "This dwelling unit has been supplied
with a central air conditioning system which will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Municipality and the Ministry of the
Environment. "
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 ($350 x 2 new lots = $700).
9 MT4r1i __iTii►[ttiillaWBROXiI1- f
2) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise mitigation and warning clause in all Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
all dwellings and noise sensitive land uses on the severed Parcel 1 lands:
a) All dwellings and any noise sensitive units will be fitted with forced air -ducted
heating system suitably sized and designed and installed with air conditioning
system prior to occupancy.
b) Noise Warning Type D: "This dwelling unit has been supplied with a central
air conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks. "
3) The owner/applicant must enter into an agreement with the Region of Waterloo
to include the following noise warning clause in all Offers of Purchase and Sale,
lease/rental agreements and condominium declarations for all dwellings and
noise sensitive land uses on the severed and retained lands:
a) Noise Warning Type A: "Purchasers/tenants are advised that sound levels
due to increasing traffic on Charles Street East may occasionally interfere
with some activities of the dwelling / unit occupants as the sound levels
exceed the sound level limits of the Regional Municipality of Waterloo and the
Ministry of the Environment, Conservation and Parks."
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,
7
Peter Ellis, MES
Principal Planner
MW iT- im019in, MMI:0XiI0i',
Region of Waterloo
November 30, 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
(7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST
1863342
ONTARIO INCORPORATED
(10) /55, 945 VICTORIA STREET NORTH PURELAND
INVESTMENTS INCORPORATED
(12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T
08204 ACTIVA HOLDINGS OTTAWA TRUSSLER
HWY 7 AND 8
(13)/06 BENTON, 120 BENTON STREET ARROW LOFTS
INC
(14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE
OF FRIENDSHIP
(16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC
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 2021-120 — 12 Hilda Place — No Concerns.
2) A 2021-130 — 878 Frederick Street —No concerns.
3) A 2021-131 — 95 Maitland Street — No Concerns.
4) A 2021-132 — 26 Monteagle Crescent — No Concerns.
5) A 2021-133 — 12 East Landsowne — No Concerns.
6) A 2021-134 — 715 Frederick Street — No Concerns.
7) A 2021-135 — 1572 Highland Road West — No Concerns.
Document Number: 3887462
Page 1 of 2
8) A 2021-136 — 888 Trillium Drive — No Concerns.
9) A 2021-137 — 29 Hurst Avenue — No Concerns.
10)A 2021-138 — 945 Victoria Street North — No Concerns.
11)A 2021-139 — 938 Strasburg Road — No Concerns.
12)A 2021-140 — 630 Benninger Road — No Concerns.
13)A 2021-141 — 120 Benton Street — No Concerns.
14)A 2021-142 — 47-63 Charles Street East — No Concerns.
15)A 2021-143 — 75 Charles Street East — No Concerns.
16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns.
17)A 2021-145 — 86 Whitney Place (Severed) — No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. If a
site is subject to more than one application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Sarah Goldrup
CofA(aMtchener.ca
KA
December 2, 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 — December 14, 2021
Applications for Minor Variance
A 2021-116
74 Rutherford Drive
74 Rutherford Drive
A 2021-117
11 East Avenue
74 Rutherford Drive
A 2021-130
500 Karn Street
878 Frederick Street
A 2021-131
156 Strange Street
95 Maitland Street
A 2021-132
120 Benton Street
26 Monteagle Crescent
A 2021-133
47-75 Charles Street East & 40-42,
12 East Lansdowne
A 2021-134
86 Whitney Place
715 Frederick Street
A 2021-135
1572 Highland Road West
A 2021-138
945 Victoria Street North
A 2021-139
938 Strasburg Road
A 2021-140
630 Benninger Road
A 2021-141
120 Benton Street
A 2021-142
to
143 47-75 Charles Street East & 40-42,
A 2021-144
to
145 86 Whitney Place
Applications for Consent
B 2021-054
74 Rutherford Drive
B 2021-063
11 East Avenue
B 2021-064
500 Karn Street
B 2021-065
156 Strange Street
B 2021-066
120 Benton Street
B 2021-067
to 068
47-75 Charles Street East & 40-42,
B 2021-069
86 Whitney Place
50 Eby Street
50 Eby Street
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 aherremana-grand river. ca.
`These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2
the Grand River Conservation Authority.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
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 2 of 2
the Grand River Conservation Authority.
Bell Canada
Right of Way
Floor 2, 140 Bayfield Street
Barrie, Ontario
L4M 3131
December 3, 2021
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
Tel: 705-722-2264
Fax: 705-726-4600
E-mail: charleyne.hall@bell.ca
E-mail Only: Holly Dyson — holly.dyson@kitchener.ca
Subject: Application for Consent B2021-067 & B2021-068
47-75 Charles Street East, 40-42, 50 Eby Street
Kitchener ON
Bell File: 519-21-719
Thank you for your correspondence dated November 19, 2021.
Subsequent to review by our local engineering department, Bell Canada has identified that we require
protection for existing facilities.
On the attached sketch, the red lines indicate the approximate location of active, critical infrastructure.
Located on the properties known municipally as 47-75 Charles Street East, 40-42, 50 Eby Street, Bell
Canada's facilities provide essential access to the network. Of major concern is the ability to access our
equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to
restore service to regular telephone lines, alarm services, internet access, and most importantly ensure
the continuity of 911 service.
Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be
reasonably accommodated. In regards to the buried plant, it may be necessary for a surveyor to arrange
for a cable locate to identify the precise location.
Since the intention of the requested easement is to protect the integrity of the existing facilities and
preserve many services, we request that the cost associated with registration be the responsibility of the
landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request
receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and
accompanying draft easement documents for our approval prior to registration, along with an
acknowledgement and direction for our execution.
If you have any questions or concerns, please feel free to contact me.
Yours truly,
Charleyn//e Hall
Right of Way Associate
�4�
yJf
2,
Y�
Bell Canada
Right of Way
Floor 2, 140 Bayfield Street
Barrie, Ontario
L4M 3131
December 3, 2021
City of Kitchener
200 King Street West
Kitchener, Ontario
N2G 4G7
Tel: 705-722-2264
Fax: 705-726-4600
E-mail: charleyne.hall@bell.ca
E-mail Only: Holly Dyson — holly.dyson@kitchener.ca
Subject: Application for Consent B2021-067 & B2021-068
47-75 Charles Street East, 40-42, 50 Eby Street
Kitchener ON
Bell File: 519-21-719
Thank you for your correspondence dated November 19, 2021.
Subsequent to review by our local engineering department, Bell Canada has identified that we require
protection for existing facilities.
On the attached sketch, the red lines indicate the approximate location of active, critical infrastructure.
Located on the properties known municipally as 47-75 Charles Street East, 40-42, 50 Eby Street, Bell
Canada's facilities provide essential access to the network. Of major concern is the ability to access our
equipment, particularly in the event of an interruption, or emergency, that would require Bell Canada to
restore service to regular telephone lines, alarm services, internet access, and most importantly ensure
the continuity of 911 service.
Bell Canada requests a 3.Om wide strip to measure 1.5m on either side of the buried facilities, as can be
reasonably accommodated. In regards to the buried plant, it may be necessary for a surveyor to arrange
for a cable locate to identify the precise location.
Since the intention of the requested easement is to protect the integrity of the existing facilities and
preserve many services, we request that the cost associated with registration be the responsibility of the
landowner.
We hope this proposal meets with your approval and request a copy of the decision. Should our request
receive approval, we look forward to the owner's solicitor contacting us with a draft reference plan and
accompanying draft easement documents for our approval prior to registration, along with an
acknowledgement and direction for our execution.
If you have any questions or concerns, please feel free to contact me.
Yours truly,
Charleyn//e Hall
Right of Way Associate