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HomeMy WebLinkAboutCA Agenda - 2023-01-17Committee of Adjustment Agenda Tuesday, January 17, 2023, 10:00 a.m. - 12:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, JANUARY 17, 2023, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting, anyone having an interest in any of these applications may make oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 3. ADMINISTRATIVE BUSINESS 3.1 CHAIR NOMINATION AND APPOINTMENT 4. MINUTES That the regular minutes of the Committee of Adjustment meeting held December 13th, 2022, as circulated to the members, be accepted. 5. UNFINISHED BUSINESS 5.1 A 2022-126 - 44 Rusholme Road, DSD -2022-460 7 Requesting a minor variance to the Zoning By -Law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard of an existing single detached dwelling. 6. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 6.1 A 2023-001 -18 Cambridge Avenue, DSD -2023-037 29 Requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit a parking space to be located 5.4m from the street (property) line rather than the required 6.0m, to facilitate the conversion of the existing attached garage into a living space with a second storey addition, to provide an additional dwelling unit. 6.2 A 2023-002 - 44 Floyd Street, DSD -2023-026 40 Requesting a minor variance to the Zoning By-law to permit an accessory structure to have a height of 4.3m to the underside of the fascia rather than the maximum permitted 3.0m, to facilitate the construction of a detached garage in the rear yard of the property. 6.3 A 2023-003 -15 Stauffer Woods Trail , DSD -2023-034 52 Requesting a minor variance to Zoning By-law 85-1 to permit 1.25 parking spaces per dwelling unit (55 parking spaces) rather than the required 1.75 parking spaces per dwelling unit (77 parking spaces); and, an exemption from Special Regulation Provision 687R to permit a rear yard setback of 4.6m rather than the required 7.0m; and, a minor variance to Zoning By-law 2019-051 to permit an exemption from Site - Specific Provision 308 for a rear yard setback of 4.6m rather than the minimum required 7.0m, to facilitate the development of 44 dwelling units having 11 quad multiple buildings. 6.4 A 2023-004 - 312 Duke Street East, DSD -2023-027 64 Requesting a minor variance to the Zoning By-law to permit the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing single detaching dwelling having a shed roof with a height of 5.1m, to be located 4.3m from a side lot line rather than the maximum permitted height of 4.5m required 4.5m; and, to permit an Additional Dwelling Unit (ADU) (Detached) to have a lot coverage of 18.4% rather than the maximum permitted 15%. Page 2 of 208 6.5 A 2023-005 - 549 Fairway Road South, DSD -2023-024 78 Requesting a minor variance to the Zoning By-law to permit a side yard setback of 0.6m rather than the minimum required 3.0m, to legalize the location of an accessory storage building of an automobile dealership. 6.6 A 2023-006 - 35 Coral Crescent, DSD -2023-028 90 Requesting a minor variance to Zoning By-law 85-1 to permit the construction of an Additional Dwelling Unity (ADU) (Detached) in association with a duplex dwelling; and, a minor variance to Zoning By- law 2019-051 to permit a Building Floor Area of an Additional Dwelling Unit (ADU) that exceeds 50% of the building floor area of a Duplex Dwelling whereas a maximum of 50% or 80 sq.m. is required, whichever is less; an existing easterly side yard setback of 0.95m rather than the required 1.2m; and, to permit a driveway to be located Om from the side lot line rather than the required 0.6m; and, a variance to permit the driveway to be located Om from the side lot line, rather than the minimum driveway setback of 1.0m. 6.7 A 2023-007 - 30 Breithaupt Street, DSD -2023-036 106 Requesting a minor variance to the Zoning By-law to permit a front yard setback of 0.32m rather than the required 1.5m, to facilitate the construction of an accessible entry platform; and, to permit a parking lot with ingress and egress of vehicles from a lane in a reverse motion whereas the By-law requires a parking lot provides ingress and egress of vehicles from a street or lane in a forward motion only. 6.8 A 2023-008 - 36 Orchard Park Crescent, DSD -2023-044 124 Requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the required 6.3m; a southerly side yard setback of 1.2m rather than the minimum required 3.0m; a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, a minor variance to Zoning By-law 2019-051 to permit a front yard setback for an addition with an attached garage to be located 4.5m from the front lot line rather than the minimum required 6.0m; and, to permit a garage to project beyond the porch whereas the Zoning By-law does not permit this. 6.9 A 2023-009 -126 Rolling Meadows Drive, DSD -2023-030 137 Requesting a minor variance to Zoning By-law 85-1 and 2019-051 to permit the construction of Additional Dwelling Unit (Detached) to be located in the side yard of the principle dwelling abutting Timberlane Crescent having a setback of 4.7m from the street. Page 3 of 208 6.10 A 2023-010 - 382 Zeller Drive (WITHDRAWN) This application has been withdrawn and will not be considered by the Committee. 6.11 B 2023-001 - 204 Madison Avenue South, DSD -2023-039 149 Requesting consent to create an easement for a storm sewer having a width of 4.0m, an approximate depth of 55.Om and an approximate area of 220sq.m, shown as Part 1 on the Draft Reference Plan provided with the application, in favour of the property municipally addressed as 165 Courtland Avenue East. 6.12 B 2023-002,13 2023-003, A 2023-011, A 2023-012 & A 2023-013 — 83, 87 165 & 97 Victoria Street North, DSD -2023-040 Requesting consent to sever a parcel of land from the property municipally addressed as 83 Victoria Street North (B 2023-002) having a width of 10.2m, a depth of 28.Om and an area of 284.6 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street. Permission is also being requested to sever a parcel of land from the property municipally addressed as 87 Victoria Street North (B 2023-003) having a width of 30.2m, a depth of 28.Om and an area of 908.1 sq.m to be conveyed as a lot addition to the adjacent property municipally addressed as 97 Victoria Street. Minor variances to the Zoning By -Law are also being requested for the property municipally addressed as 83 Victoria Street North (Retained Land B 2023-002) to permit a lot width of 10.2m rather than the required 16.0m; a side yard setback of Om rather than the required 3.0m; a rear yard setback of Om rather than the required 7.5m; a fagade height of 2.Om rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space per 15sq.m of the floor area for a health clinic. Minor variances to the Zoning By-law are also being requested for the property municipally addressed as 87 Victoria Street North (Retained Land B 2023-003) to permit a maximum setback to a street line of 5.3m rather than the permitted 2.0m; a minimum side yard of Om rather than the required 3m; a rear yard setback of Om rather than the required 7m; a fagade height of 2.Om rather than the minimum required 6.0m; and, 0 parking spaces rather than the required 1 parking space for every hospice bed. Lastly, minor variances to the Zoning By- law are being requested for the property municipally addressed as 97 Victoria Street North to permit a setback to a street line of Om rather than the permitted 2.0m; a side yard setback of Om rather than the minimum required 3.0m; a rear yard setback of Om rather than the required 7.5m; and, to permit 0 parking spaces rather than the minimum required 3 parking spaces for a residential care facility and 1 parking space for every 3 staff, to facilitate the redevelopment of the properties with a residential care facility, hospice and health clinic. Page 4 of 208 6.13 B 2023-004, A 2023-014 & A 2023-015 — 530 & 550 King Street East, 188 DSD -2023-042 Requesting consent to sever a parcel of land having a width of 18.5m, a depth of 40.Om and an area of 624.0 sq.m that will contain an existing building, municipally addressed as 550 King Street East. Minor variances to the Zoning By-law are also being requested for the proposed severed lands, to permit a side yard setback abutting King Street East of 0.17m rather than the required 1.5m; a rear yard setback of 1.2m rather than the required 7.5m; and, an exemption from the Special Regulation Provision 285R to permit 0 parking spaces rather than the required 32 parking spaces, in order to recognize the location of the existing commercial building on the proposed severed lands. The retained land will have a width of 29.3m, a depth of 42.5m and an area of 1,418.8 sq.m and will be municipally addressed as 530 King Street East. Minor variances to the Zoning By-law are also being requested for the proposed retained lands to permit an exemption from the Special Regulation Provision 541 R to permit a rear yard setback of 1.7m rather than the required 7.5m; a building height of 32.5m rather than the maximum permitted 24.0m; and, and to permit 22 parking spaces rather than the required 60 parking spaces for residential use, to facilitate the redevelopment of the lands with a 9 -storey residential building having 60 dwelling units. 7. ADJOURNMENT Page 5 of 208 8. PLANNING ACT INFORMATION • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener 519- 741-2203 or by emailing CofA@kitchener.ca • copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings 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. • Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing 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 Marilyn Mills at Mills(cD-kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 30th day of December, 2022. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 6 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 18, 2022 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: October 7, 2022 REPORT NO.: DSD -2022-460 SUBJECT: Minor Variance Application A2022-126 44 Rusholme Road Applicant and Owner: Krystal Darling RECOMMENDATION: Zoning By-law 2019-051 A. That Minor Variance Application A2022-126 for 44 Rusholme Road requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit an interior side yard setback of 1.5 metres instead of the minimum required 3.0 metres to facilitate the construction of a garage addition to a single detached dwelling, generally in accordance with the Site Plan, dated August 2022, submitted with Minor Variance Application A0222-126, BE APPROVED subject to the following condition: 1. Prior to the issuance of a Building Permit, the Owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. No changes to the said plan shall be granted except with the approval of the City's Supervisor, Site Plans. And subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to permit the construction of a garage addition onto an existing single detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 7 of 208 • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: Page 8 of 208 Front view and side view of property The subject property is located on Rusholme Road, between Westmount Road West and Dunbar Road. The current use of the building is a single detached dwelling. The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Two Zone (R-2)' in Zoning By-law 85-1 and zoned `Low Rise Residential One Zone (RES -1) in Zoning By-law 2019-051 which is currently under appeal. The application is requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit and interior side yard setback of 1.5 metres rather than the minimum required 3.0 metres to facilitate the construction of a garage addition to a single detached dwelling. There is no variance required to Zoning By-law 85-1, as the minimum side yard setback required is 1.2 metres, and the applicant is requesting a setback greater than the 1.2 metres. Page 9 of 208 ra b: °1 2l y /�rW�yMY g N r P3 MEA5 326 Nf a W,,, AS .. x ,,,. S7 P2J13 � mEAS SH L E ROA d H:'c 7-Aol Ic'uE-n Eiv o4:'r"."Ic"ru o r9, n, V.. Allyl sC=n Proposed concept plan REPORT: Planning Comments: 2..49 FJ Y bEAS s 0 H 35.9'83 F^"2 & d,nF�'a^w",i 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 use of the property conforms to the designation and it is the opinion of staff the requested variance to be able to expand the residential use meets the general intent of the Official Plan. General Intent of the Zoning BV -law The intent of the increased 3.0 metre side yard setback in the proposed By-law 2019-051, from the 1.2 metres approved for By-law 85-1 was to ensure there is adequate setbacks from adjacent lots Page 10 of 208 r=xT'G 2 -STOREY STONEY HoOSEqp � }i % 1 i1. C. •.r 93 / V ��"�, � fry nl� VRt' id�Fll rJ U F� P 1n iK�lP�" SEMAC fel 51WAI Jp m 4 W,,, AS .. x ,,,. S7 P2J13 � mEAS SH L E ROA d H:'c 7-Aol Ic'uE-n Eiv o4:'r"."Ic"ru o r9, n, V.. Allyl sC=n Proposed concept plan REPORT: Planning Comments: 2..49 FJ Y bEAS s 0 H 35.9'83 F^"2 & d,nF�'a^w",i 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 use of the property conforms to the designation and it is the opinion of staff the requested variance to be able to expand the residential use meets the general intent of the Official Plan. General Intent of the Zoning BV -law The intent of the increased 3.0 metre side yard setback in the proposed By-law 2019-051, from the 1.2 metres approved for By-law 85-1 was to ensure there is adequate setbacks from adjacent lots Page 10 of 208 on larger property fabrics that are permitted in RES -1, as well as provide sufficient access to the rear of the property. The proposed 1.5 metres setback provides adequate separation from the adjacent property line and provides sufficient access to the rear yard. It should also be noted that had the building permit been submitted to the City at the beginning of the year, no minor variances would have been required. Staff is of the opinion that the reduction in the side yard setback meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variance can be considered minor as it is the opinion of staff that the side yard setback continues to accommodate the appropriate rear yard access. The setback of 1.5 metres for the side yard will not present any significant impacts to adjacent properties and the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed addition will not negatively impact the existing character of the subject property or surrounding neighbourhood. Environmental Planning Comments: Due to the treed nature of the adjacent neighboring properties, Environmental planning requires a Tree preservation and enhancement plan prior to the issuance of a building permit. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plans shall include required mitigation and or compensation measures. No changes to the said plan shall be granted except with the approval of the City's Supervisor, Site Plans. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 44 Rusholme Rd is located within the Westmount East & West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Several City -owned trees may be impacted by the proposed development, particularly if an adjustment to the driveway width is anticipated. The owner should contact the above noted staff for direction. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Page 11 of 208 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: • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 12 of 208 September 26, 2022 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca Subject: Committee of Adjustment Meeting October 18, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 116 — 76 Eton Drive — No Concerns. 2) A 2022 - 117 — 359 Guelph Street — No Concerns. 3) A 2022 - 118 — 11 Oneida Place — No Concerns. 4) A 2022 - 119 — 16 Upper Canada Drive — No Concerns. 5) A 2022 - 120 — 77 Lancaster Street West — No Concerns. 6) A 2022 - 121 — 24 Chestnut Street — No Concerns. 7) A 2022 - 122 — 3 Evenstone Avenue — No Concerns. 8) A 2022 - 123 — 109 Park Street — No Concerns. 9) A 2022 - 124 — 34 Dooley Drive — No Concerns. 10)A 2022 - 125 — 120 Walker Street — No Concerns. 11) A 2022 - 126 — 44 Rusholme Road — No Concerns. 12)A 2022 - 127 — 192 Woolwich Street (Retained) — No Concerns. 13)A 2022 - 128 — 192 Woolwich Street (Severed) — No Concerns. Document Number: 4186704 Page 1 of 2 Page 13 of 208 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CofA(a)-Kitchener.ca 2 Page 14 of 208 Administration Centre: 400 C lydoleo:aas.], I'.0. Box )9 C arni:7ridq(l ..��, ON N1R 5W6 Phone: 519 621 21(51 ToII free: 1 866 900 X722 Fax: 519 621 d844 wvvvv,grandrive r.ca 0 September 29, 2022 via email GRCA File: October 18, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — October 18, 2022 Applications for Minor Variance A 2022-116 67 Eton Drive A 2022-117 359 Guelph Street A 2022-118 11 Oneida Place A 2022-119 16 Upper Canada Drive A 2022-120 77 Lancaster Street West A 2022-121 24 Chestnut Street A 2022-122 3 Evenstone Avenue A 2022-123 109 Park Street A 2022-124 34 Dooley Drive A 2022-125 120 Walker Street A 2022-126 44 Rusholme Road Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(c-grand river. ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Mrrrr7Wr Of (von, ervatiun Ontario, rtprvsr,nrinrl Ontario's 36 Cori vrvatarn Autl-7rrrilies I 1 -he Gran(-] - A Canadian Flent, rge River Page 15 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 16 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 17 of 208 January 10, 2023 City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 Attn: Marilyn Mills, Secretary -Treasurer Committee of Adjustment Dear Ms. Mills: KITCHENER WOODBRIDGE LONDON BARRIE BURLINGTON RE: Minor Variance Application A2022-126 — 44 Rusholme Road — Krystal & Curtis Darling OUR FILE 22400A We have been retained by 2829591 ONTARIO INC. the owners of 44 Rusholme Road, to assist them with the minor variance application as referenced above. The application seeks to reduce the interior side yard setback from 3.0 metres to 1.5 metres along the easterly property line to facilitate the construction of an addition to the existing single detached dwelling. The application was submitted by the 2829591 ONTARIO INC. in September 2022 and was heard by the Committee of Adjustment on October 18, 2022. The staff report recommended approval of the application subject to the preparation and approval of a Tree Preservation and Enhancement Plan prior to issuance of a Building Permit. At the Committee meeting, there were concerns raised by an abutting landowner who was represented by GSP Group. In light of these concerns, the Committee determined that additional detail was required to better inform their decision and subsequently voted to defer the application until January 17, 2023. Since the October Committee meeting, 2829591 ONTARIO INC. has undertaken the following actions: • Retained MHBC Planning to provide planning advice and to facilitate the application to completion; • Retained a new architect in Gren Weis & Associates to explore and develop alternative building and site plans in response to comments raised at the Committee meeting; • Retained JK Consulting Arborists to undertake site investigations and prepare a Tree Preservation and Enhancement Plan and to co-ordinate with the architect and engineers on final site and building plans; • Retained MTE Consultants to review existing grading and drainage conditions and to work in consultation with the architects and arborist on the final site and building plans; • Retained Van Harten surveying to update the property survey and complete topographic mapping Page 18 of 208 200-540 BINGEMANS CENTRE DRIVE/ KITCHENER / ONTARIO/ N2B 3X9 / T 519 576 3650 / F 519 576 0121 / WWW.MHBCPLAN.COM Retained Tunnel Vision Trenchless Services to investigate and rehabilitate existing on site services related to stormwater and drainage. Tunnel Visions investigation and servicing will coordinate with MTE and Gren Weis & Associates. While progress has been made in conducting the initial site investigations, the requested plans and final consultant reports will not be complete to present at the January 17th Committee meeting. As noted, 2829591 ONTARIO INC. has retained all of the necessary professionals to undertake the work but due to the significance of the redesign requested and current workload from each consultant, it was not possible to schedule all of the site work prior to years end. The remaining site work has been scheduled and will be undertaken over the coming weeks. Further, there will be significant co-ordination between the architect, engineer, and arborist to address grading, drainage and tree protection measures while also ensuring a functional building design for the applicants. In light of the comments thatwere raised atthe Committee meeting, the building design has been revised and reconfigured however it is still necessary to seek relief from the 3.0 metre side yard setback. It is anticipated that no other variances will be required but in order to ensure that the plans are fully developed and sufficiently co-ordinated, we are respectfully requesting a further deferral of the application. In consultation with 2829591 ONTARIO INC., we are requesting that this application be deferred until the March 21, 2023 meeting. This extension is necessary given the time required to revise the design and coordinate consultant reports related to the updated plan. The overall objective is to ensure that the plans will provide complete and accurate information that will satisfy the Committee and for this reason, we are requesting the March date. In support of this request, we have a cheque prepared for $450.00, which is the City's deferral fee. I intend to appear at the Committee Meeting on January 17th to respond to any questions that the Committee may have. Yours truly, MHBC Carol Wiebe Partner cc. 2829591 Ontario Inc., Krystal Darling, Curtis Darling Tim Seyler, City of Kitchener Tina Malone -Wright, City of Kitchener Page 19 of 208 GSP 13th October 2022 City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Si-...NAaIiiir4 G G IR E A a C0MiMUNii Fui :: File No. 22301 Attn: Ms. Marilyn Mills - Acting Secretary -Treasurer, Committee of Adjustment Dear Ms. Mills: Re: Minor Variance Application A 2022-126 44 Rusholme Road, Kitchener GSP Group is the planning consultant to Gary Levene and Debbie Eisenberg (the "Levenes"), owners of the property located at M, Kitchener, immediately east of the property the subject of Minor Variance Application A 2022- 126 for 44 Rusholme Road. While the Levenes are not opposed to the proposed renovation and addition to the existing single detached dwelling, they are not in favour of the proposed reduction in interior side yard. The Notice of the Minor Variance Application is misleading in that it reads: "Requiring a minor variance to the Zoning By-law to permit an interior side yard setback of 1.5m rather than the minimum required 3m, to facilitate the construction of an addition in the rear yard [emphasis added] of an existing single detached d welling. " If the addition to the single detached dwelling were only in the rear yard, no minor variance would be required. Rather, the proposed construction is in the interior side yard and rear yard and will have a significant impact on Locke162 0 ON, LSP4 gspgroup.ca Page 20 of 208 The figure to the right illustrates the proposed addition to 44 Rusholme Road, wherein: • The existing garage (facing east) is proposed to be demolished; • New house addition to be constructed to the rear of the existing single detached dwelling; and • New garage addition proposed to be constructed to the east of the existing single detached dwelling. There is little detail about the proposal, including • The width of the garage (two or three car); ,.. 27.A`,A-F�... • The height of the garage; Y . N834.740T 33d 7 " 3593 • If the garage will have habitable floor space 3&"E 7 W. above the ground floor and/or a third -floor attic RUSHOL E ROAD or usable space; u �r nM Ar • The roof detail, for example roof pitch and height to peak; and • Fenestration details, windows and/or cladding of the garage. While it is not imperative that these details be provided, it would assist in evaluating the impacts of the proposed Minor Variance Application on the adjacent Levene property. In the absence of this information, the Levenes are opposed to the Minor Variance for the following reasons: REASON 1: The City of Kitchener recently applied the RES -1 zoning classification (Zoning By-law 2019-051) to the properties, which requires a minimum 3.Om interior side yard. The previous Residential R-2 zoning classification (Zoning By-law 85-1) applied a minimum 1.2m setback. It is anticipated that the City applied the new and increased setback regulation recognizing the unique character of GSP Group 12 Page 21 of 208 �. Garage (facing;east) to I be demolished :� ) I ; COVERED z �i O' un '', ✓ ,'pCk T N1 v 2.. C1 ' h shMrr;n/�7 s--STOKY STORE (HOU1,1 30) o- - xT G a STOREY ONE a. `m S1fi'I i�.l P''fN4 nRCi E%R4r,'�'{7,7 7 °"' Mme: 'Y II II I II u ,.. 27.A`,A-F�... • The height of the garage; Y . N834.740T 33d 7 " 3593 • If the garage will have habitable floor space 3&"E 7 W. above the ground floor and/or a third -floor attic RUSHOL E ROAD or usable space; u �r nM Ar • The roof detail, for example roof pitch and height to peak; and • Fenestration details, windows and/or cladding of the garage. While it is not imperative that these details be provided, it would assist in evaluating the impacts of the proposed Minor Variance Application on the adjacent Levene property. In the absence of this information, the Levenes are opposed to the Minor Variance for the following reasons: REASON 1: The City of Kitchener recently applied the RES -1 zoning classification (Zoning By-law 2019-051) to the properties, which requires a minimum 3.Om interior side yard. The previous Residential R-2 zoning classification (Zoning By-law 85-1) applied a minimum 1.2m setback. It is anticipated that the City applied the new and increased setback regulation recognizing the unique character of GSP Group 12 Page 21 of 208 Rusholme Road neighbourhood — large lots, with significant front yard setbacks and, therefore, appropriate increased side yard setbacks to maintain the character of the neighbourhood. agree that the increased side yard setback of 3.Om is appropriate given the unique character and context of the neighbourhood, recognized by the Waterloo Historical Society. REASON 2: There are significant trees located on the Levene property line that will be impacted by the proposed garage addition. Specifically, there are two healthy, large deciduous trees that are located on the mutual property line between the two dwellings. The first mature tree (top photo) is not immediately adjacent to the proposed addition but may be impacted by driveway reconstruction to align with the new garage (if that is undertaken) or, more likely by heavy equipment used in the construction. The second photo illustrates an existing mature deciduous tree immediately opposite the existing garage to be demolished and replaced by the proposed house and garage addition. This tree is healthy, despite having the westerly half of its root zone impacted by the existing driveway. It is anticipated that the construction of footings and foundation for the new addition will compromise the health of this tree, creating a hazard or loss of the tree. The requested reduction in the side yard setback from 3.0m to 1.5m will further exacerbate the impacts and increase the likelihood of tree removal. Simply imposing a condition for "tree preservation" may not be sufficient to save this tree. Rather, maintaining the applicable 3.Om setback will provide the best protection for preservation of this tree. REASON 3: The proposed minor variance will exacerbate an existing drainage problem that has the potential to negatively impact the Levene property. There is a significant grade difference at 44 Rusholme from the northwest elevation of 343 masl to the southeast corner at Rusholme Road with an elevation of 337.5 masl, a fall of 5.5 metres. In reviewing the topography and contours of 44 Rusholme, surface water drainage GSP Group 13 Page 22 of 208 conveyance is from northwest to southeast, towards the Levene property. A 3.Om side yard setback, particularly along the easterly property line, would afford sufficient room for the creation of proper drainage design and implementation to avoid impacts to the Levene property. Indeed, the previous owner of 44 Rusholme undertook a minor modification of the driveway a few years ago, wherein they removed the curb that previously captured and conveyed drainage to the street. This resulted in "sheet drainage" onto the Levene property, with no barrier (i.e. curb) to redirect the water to the street. According to the Levenes, this resulted in numerous floods in their finished basement. At their expense, they had Gateman-Milloy construct a storm sewer catchbasin on their property and obtained approval from the City to connect the catchbasin to the storm sewer in Rusholme Road to relay surface stormwater from 44 Rusholme to the street. The catchbasin on the Levene property is illustrated on the Applicant's sketch. It should be noted that care was taken to protect the trees during the Levene's construction, wherein directional drilling was used to construct that storm sewer, versus open trench construction that would have considerably impacted the trees. Maintaining a minimum 3.0 metre side yard setback would ensure proper drainage techniques are implemented to avoid impact to the Levene property. REASON 4: As illustrated on the Applicant's sketch on Page 2 of this letter, the Levene dwelling has an interior side yard setback of 3.32 metres. The Applicant's west side yard is 4.93 metres; however, they are looking to vary the existing zoning regulation to 1.5m to accommodate their house plans for a large garage addition. While no dimensions of the garage width are provided, it is calculated that it is +9 metres in width, which would accommodate a 3 -car garage. While this may be desirable by the owners of 44 Rusholme, it is not necessary and does not fit in the context of the site. Rather, the easterly side yard setback should comply with the minimum 3.Om requirement, in keeping with the other side yard setbacks of the two properties. REASON 5: The proposed minor variance does not meet the four (4) tests of the Planning Act. Specifically, the variance is "not desirable or minor in nature" (Planning Act, Section 45(1)). It has a high likelihood of negatively impacting the mature trees on the mutual property line and will not provide the owners of 44 Rusholme with sufficient side yard to properly create a surface drainage catchment to convey existing drainage out to the street and away from the Levene property. For all of these reasons, it is respectfully requested that Minor Variance Application A 2022-126 be Refused. Members of the Committee of Adjustment are encouraged to do a site visit to appreciate the sensitivities of the mature trees on the mutual property line of & 44 Rusholme and gain an GSP Group 14 Page 23 of 208 appreciation for the existing topography and resultant drainage that will negatively affect the Levene property. Finally, the Levene's house has active living spaces that face westerly onto 44 Rusholme Road, including windows looking out from a main floor dining room, second storey bedroom and finished attic bedrooms. The views from those indoor uses will be negatively impacted by the proposed addition. It is acknowledged that the difference between a 1.5 and a 3.0 metre side yard setback may be relatively imperceptible. However, there is no pair of residences on the Rusholme Road that has the same visual impact of living space looking out onto the fagade of a garage. Again, it is recommended that the minor variance application not be approved. However, should the Committee of Adjustment determine that the application is acceptable and approve the request for variance, it is further requested that the following be imposed: • The applicant prepare and obtain approval of Tree Protection Plan by a Certified Arborist, detailing how the trees on the mutual property line will be protected from impacts during construction, to the satisfaction of the City's Forester; • The applicant prepare a detailed grading plan by a licensed Civil or Water Resource Engineer illustrating how surface drainage will be conveyed from the rear yard of the lot to Rusholme Road without increasing drainage volume to , to the satisfaction of the City Engineering Department; • The garage be limited to a maximum building height of one -storey to a maximum height of 4.5m to the peak of the roof; and • The easterly facade of the proposed garage addition be constructed with no windows. In conclusion, the homes on Rusholme Road are a part of the exemplary Westmount neighbourhood, planned in the early 20'" Century by prominent city builders including Rieder, Kaufman and Olmsted. Indeed, the house at 44 Rusholme was once A.R. Kaufman's home and is listed on the City's inventory of significant heritage resources. For the reasons set out in this letter, it is considered that the application for minor variance is not appropriate for the neighbourhood and is not good planning and should be refused. We look forward to the Committee of Adjustment's consideration of our comments in the context of the application. Should Committee members wish to see the property at the Levenes would be pleased to show the impacts of the proposed variance. GSP Group 15 Page 24 of 208 In the meantime if you have any other questions, please do not hesitate to contact me. Sincerely, GSP Group Inc. Chris Pidgeon, MCIP, RPP Principal Planner C. C. Gary Levene and Debbie Eisenberg — Tim Seyler — City of Kitchener GSP Group 16 Page 25 of 208 Page 27 of 208 Page 28 of 208 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: January 4, 2023 REPORT NO.: DSD -2023-037 SUBJECT: Minor Variance Application A2023-001 - 18 Cambridge Avenue Owner: Jamie Quintanilla Agent: Alex Josic RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2023-001 for 18 Cambridge Avenue requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to permit the required parking space to be located 5.4 metres from the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the existing attached garage into living space to provide an additional dwelling unit, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2023-001 for 18 Cambridge Avenue requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit the required parking space to be located 5.4 metres from the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the existing attached garage into living space to provide an Additional Dwelling Unit (ADU) (Attached), BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: The purpose of this report is to review and provide a recommendation for a minor variance application to recognize the location of the required parking space to allow for the conversion of the attached garage into living space. There are no financial implications. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 29 of 208 BACKGROUND: The subject property is located within the Rosemount Neighbourhood near the intersection of Bruce Street and Cambridge Avenue. The Conestoga Parkway is located to the west of the property and the Stanley Park Conservation Area is located towards the east of the property. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 and `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal. The applicant is requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 and Section 5.3.3 a) i) of Zoning By-law 2019-051 to permit the required parking space to be located 5.4 metres from the street (property) line instead of the minimum required 6 metres to facilitate the conversion of the existing attached garage into living space with a second storey addition to provide an additional dwelling unit. The applicant is aware that the driveway will be required to be comprised of one consistent driveway material in order to comply with the zoning by-laws. Page 30 of 208 Figure 1: Location Map: 18 Cambridge Avenue SITE MEASUREMENTS WERE Y AFJ BI JILDING L)E`w;IUIN ON 0CF01BER 2/, 2022 LINE OF HOUSE GARAGE 4 –C 0 IV re LEGAL PARKINC '-',TALL 2 r: W N 5'.13M C) of APIROX. LOCATION GF CONCRETE SIDEWALK EXISTING CC'JNCRETE DRIVEWAY— APPROX. LOCATION OF �IROI`IERTY LINE--, FHOM CITY 011S MAIF"I"ING '_,0FFWARE . . . ..... EXISTING A'P ALF PAVING EXISTING CITY SIL)EWALK 31 EXISTING DRIVEWAY MFASSIJREMENTS Fi 0,7717 77 - Figure 771777 - Figure 2: Existing measurements Figure 3: Front view of property Page 31 of 208 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. The intent of this land use designation is to permit a variety of low-density residential uses. Official Plan Policy 4.C.1.8 specifies criteria that should be considered where a minor variance is requested. Subsection `e' is of relevance to the requested variance and specifies that the variance should be reviewed to ensure that "the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site". The use of the property will still function appropriately and meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the zoning regulation requiring the legal parking space to be located 6 metres from the street line is to ensure a vehicle can be safely parked on the driveway without affecting the City right- of-way and surrounding properties. One (1) parking space currently exists in the driveway without any issues. With the removal of the garage to convert into living space, the property will still be able to function appropriately and accommodate up to two parking spaces on site subject to a driveway widening. Staff are of the opinion that the requested variance to allow the required parking space at 5.4 metres instead of the 6 metres meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance is considered minor as the required off-street parking space can be accommodated within the existing driveway, setback 5.4 metres from the street line, in a safe manner. The property will be able to provide two (2) parking spaces with a driveway widening that will meet zoning requirements. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the proposed variance is desirable and appropriate as it will create additional housing while recognizing the deficiency in the location of the required parking space. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the addition and change of use to a duplex is obtained prior to construction. Please contact the Building Division at building(c)-kitchener.ca with any questions. Engineering Division Comments: No comment. Page 32 of 208 Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. NOTE: The applicant/owner will require a curb cut permit from the City of Kitchener if any changes are being made to the existing driveway apron. 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 33 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 34 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 35 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 36 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 37 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 131reiithaulpt Stireet 2023 008 30 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.aat "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 38 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 39 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 4, 2023 REPORT NO.: DSD -2023-026 SUBJECT: Minor Variance Application A2023-002 — 44 Floyd Street RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-002 for 44 Floyd Street requesting relief from Section 5.5.2 b) of Zoning By-law 85-1 to permit an accessory structure to have a maximum height of 4.3 metres to the underside of the fascia instead of the maximum permitted 3 metres, generally in accordance with drawings prepared by AFJ Building Design, dated July 24, 2022, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to permit the construction of a detached structure on the property. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on Floyd Street between Fairfield Avenue and Guelph Street. The current use of the building is a single detached dwelling. The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1 and zoned `Low Rise Residential Four Zone (RES -4) in Zoning By-law 2019-051, which is currently under appeal. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 40 of 208 Subject Property — 44 Floyd Street Location for proposed accessory structure Page 41 of 208 Side view with view of grade change The application is requesting relief from Section 5.5.2b) of Zoning By-law 85-1 to permit an accessory structure to have a maximum height of 4.3 metres to the underside of the fascia instead of the maximum permitted 3 metres, to facilitate the construction of a detached garage in the rear yard of the subject property. Due to the grading of the rear yard the rear portion of the structure will be 4.3 metres in height, however the front portion of the structure will maintain the maximum permitted 3.0 metres in height to the underside of the fascia. It should also be noted that no variance would be required to Zoning By-law 2019-051 as the new regulations state that the maximum height of the shortest exterior wall shall be 3 metres, which this application would meet. fo LACE wKut -------------- Side Elevation of Proposed Structure Page 42 of 208 00 WP CF F040AION c:> 'c r WA FN SLOB ra .......................... -------------- Side Elevation of Proposed Structure Page 42 of 208 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 use of the property conforms to the designation, and it is the opinion of staff the requested variance to be able to construct a detached structure meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum height to the underside of the fascia is to ensure that accessory structures are not excessive in height and to ensure neighbouring properties wouldn't face blank walls. Due to the slope of the property, the rear of the property is significantly lower than the front portion where the dwelling is located. The structure meets the 3.0 metre height to the fascia regulation at the front and only the rear wall will be taller that what is permitted. There are also no rear yard neighbours that would directly face the structure and be impacted by it. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variance can be considered minor as it is the opinion of staff that the increase in height will only impact the rear view of the property as from the front of the structure it will be meet the regulations. The increase of 1.3 metres for the fascia height at the rear of the structure will not present any significant impacts to adjacent properties and the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is appropriate for the development and use of the land. The requested variance should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed accessory structure will not negatively impact the existing character of the subject property or surrounding neighbourhood. Environmental Planning Comments: No natural heritage concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the detached garage and it is currently under review. Engineering Division Comments: No Engineering concerns. Parks/Operations Division Comments: No Parks/Operations concerns. Page 43 of 208 Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 Page 44 of 208 6, J F, T PROEM UF4E ixl t U.M. EkLLPP-4i. -SEr� -ACR ...... ...... .......... .... Proposed Site Layout Page 45 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 46 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 47 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 48 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 49 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 I Ireiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 50 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 51 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: January 4, 2023 REPORT NO.: DSD -2023-034 SUBJECT: Minor Variance Application A2023-003 15 Stauffer Woods Trail Owner: Activa Holdings Inc. Applicant: Pierre Chauvin, MHBC Planning Ltd. RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2023-003 for 15 Stauffer Woods Trail requesting relief from the following of Zoning By-law 85-1: i) Section 6.1 a) to permit a parking rate of 1.25 parking spaces per dwelling unit instead of the minimum required 1.75 parking spaces per dwelling unit; and ii) Special Regulation Provision 687R to permit a rear yard setback of 4.6 metres instead of the minimum required 7 metres; in accordance with Site Plan Application SP22/129/S/ES, dated December 16, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2023-003 for 15 Stauffer Woods Trail requesting relief from Site Specific Provision 308 to permit a rear yard setback of 4.6 metres instead of the minimum required 7 metres, in accordance with Site Plan Application SP22/129/S/ES, dated December 16, 2022, BE APPROVED subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 52 of 208 REPORT HIGHLIGHTS: The applicant is requesting minor variances for a reduction in the required rear yard setback and parking requirement in Zoning By-law 85-1 and the rear yard setback in Zoning By-law 2019-051 to facilitate development of the subject property with 44 multiple dwelling units. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on the southeast corner of Blair Creek Drive and Stauffer Woods Trail. Figure 1: View of Subject Property (15 Stauffer Woods Trail) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Six Zone (R-6), 685R, 687R, 689R' in Zoning By-law 85-1 and `Low Rise Residential Five Zone (RES -5), (306), (308), (310) in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to facilitate the development of the property with 44 multiple dwelling units comprised of eleven (11) buildings with four (4) units in each ("quads"). Site Plan Application SP22/129/S/ES for the 44 multiple dwelling units received `Approval in Principle' on December 9, 2022, subject some conditions, one of which, requires the minor variances for a reduced rear yard setback and a reduced parking rate in Zoning By-law 85-1, and a reduced rear yard setback in Zoning By-law 2019-051, to come into effect. Page 53 of 208 Figure 2: View of Vacant Site (January 4, 2023) Figure 3: Rendering of Typical "Quad" Building (Activa Holdings Inc.) Page 54 of 208 ya w 1 � 1 aft f,° az up `N, J If Vdi a 4RG L li ly to 91^I IY Y2 1��u'�mYu...,�.viPW�WiWWW4�Y�w"f1'Y�w�'�I�W�R =a= 4 d Wr�nlw.�FirwJraWiWWli��=+M— Figure 4: Site Plan (Approved in Principle) 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 Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low-density neighbourhood. This includes low rise multiple dwellings. Therefore, the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Parking: The intent of the minimum required parking regulation is to provide adequate vehicle storage on site. Based on the unit typology and the rates permitted in the 2019-051 Zoning By-law (1.15 spaces per unit), Staff are of the opinion that the proposed rate of 1.25 spaces per unit will be adequate to provide vehicle storage on site and therefore meets the intent of Zoning By-law 85-1. Rear Yard Setback: The intent of the regulation that requires a 7.0 metre rear yard setback is to provide for adequate building separation and amenity space on site. Based on the orientation of the site, most buildings have their rear yards facing onto the stormwater management pond at the interior side yard line. Page 55 of 208 This area provides an adequate 7.0 metre setback and functions more as a rear yard. The applicant has provided other at grade outdoor amenity areas on site (adjacent to Block C and Block K). Staff are of the opinion that adequate separation can be achieved and that adequate amenity space will also be provided. Therefore, the requested variance meets the general intent of the Zoning By- laws. Is/Are the Effects of the Variance(s) Minor? The requested variances are considered minor requests that are not expected to cause adverse impacts to adjacent properties. Therefore, the requested variances are considered to be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The subject property is part of a larger greenfield subdivision that is being planned with consideration for other blocks and land parcels in this area and is coordinated to function appropriately. This includes the orientation of the rear of buildings towards the stormwater management pond. The requested variances do not interfere with the provision of a diverse and complete community and can be considered desirable for the appropriate development for the lands. Environmental Planning Comments: No natural heritage concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the quads are obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No Engineering Comments. Parks/Operations Division Comments: No parks/operations concerns. Transportation Planning Comments: Transportation Services can support the proposed variance to implement a parking rate of 1.25 spaces per unit (with 0.15 spaces per unit, or eight (8) spaces, dedicated to visitor parking). The proposed parking rate falls within the future minimum and maximum parking rate for this zone under the future Zoning By-law 2019-051. Additionally, the site plan is incorporating Class A and Class B bicycle spaces at rates that meet minimums in Zoning By-law 2019-0151, as well. 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. Page 56 of 208 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 ATTACHMENTS: None. Page 57 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 58 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 59 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 60 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 61 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 006 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 006 35 Colrall Crescent South 2023 007 30 161reiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 62 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 63 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Gaurang Khandelwal, Planner (Policy), 519-741-2200 ext. 7611 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 4, 2023 REPORT NO.: DSD -2023-027 SUBJECT: Minor Variance Application A2023-004 - 312 Duke Street East RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-004 for 312 Duke Street East requesting relief from the following sections of Zoning By-law 85-1: i) Section 5.22 m) to permit a shed roof where the peak of the roof is more than 4.5 metres from highest finished grade level, to be located 4.3 metres from a side lot line instead of the minimum required 4.5 metres; and, ii) Section 5.22 n) to permit an Additional Dwelling Unit (ADU) (Detached) to have a maximum lot coverage of 18.4% instead of the maximum 15%; to facilitate the development of an accessible Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawings prepared by The Architect Builders Collaborative Inc., dated November 22, 2022, BE APPROVED subject to the following condition: 1. Prior to the issuance of a Demolition and/or Building Permit: a) The Owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the Tree Preservation/Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 64 of 208 REPORT HIGHLIGHTS: • The purpose of this report is to review minor variances to facilitate the development of an accessible Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. • The key finding of this report is that the requested minor variances meet the 4 tests of the Planning Act. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northerly side of Duke Street East, between Betzner Avenue North and Pandora Avenue North, in the Downtown Neighbourhood. The surrounding context comprises of primarily low-rise residential uses. Location Map — 312 Duke Street East Photo of Subject Property Page 65 of 208 The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Low Rise Conservation' in the King Street East Secondary Plan in the City's 1994 Official Plan. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1 The purpose of the application is to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. The applicant intends to demolish an existing garage in the rear yard and develop a detached one storey accessible ADU with a shed roof. While the proposed meets the maximum building height (measured to the mid point between the eaves and the peak of roof) of 4.5 metres, the peak of shed roof is more than 4.5 metres from the highest finished grade level. The highest exterior wall is located at 4.3 metres from the side lot line instead of the minimum required 4.5 metres. Further, the covered deck providing shelter to the main entrance puts the lot coverage over the 15% maximum for accessory structures by an additional 3.4%. The deficiencies in relation to location of highest exterior wall and lot coverage for the ADU were flagged by City Planning staff as part of the ADU site plan application (SP22/168/D/TZ) process. Site Plan approval is no longer required with changes adopted through Bill 23, More Homes Built Faster Act. City Planning staff conducted a site visit on December 28th, 2022. South Elevation of the ADU West Elevation of the ADU Page 66 of 208 Site Plan showing location of Proposed ADU Location of Existing Garage to be demolished and Proposed ADU to be constructed 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 `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Low Rise Conservation' on Map 3 — Land Use for lands located in a Secondary Plan in the 1994 Official Plan. The intent of the Low Rise Conservation designation is to preserve the scale, use, and intensity of existing development in a stable family-oriented area, while allowing for a limited range of low rise residential uses. King Street East Secondary Plan policy 13.2.1(1) specifies that "development should be of a siting and design which will be compatible with the existing development and particularly the single -detached dwellings in the interior of the neighbourhood". Official Plan policy 4.C.1.24 further maintains that the City will permit additional dwelling unit (detached) as an ancillary use to single detached dwellings where appropriate to provide alternate housing options to Kitchener homeowners and residents. Staff are of the opinion that the proposed ADU at the rear of the property is compatible with adjacent properties. The requested variances will not affect the low- rise residential character of the neighbourhood and therefore maintain the intent of the Official Plan. General Intent of the Zoning By-law The intent of the highest exterior wall facing the side lot line, where a shed roof is provided and the peak of roof is more than 4.5 metres from highest finished grade level, to not be closer than 4.5 metres from the side lot line is to ensure adequate separation and privacy between abutting properties. The proposed ADU will abut the rear yard of the neighbouring property. The windows on the upper west fagade of the highest exterior wall will provide light into the open concept living space of the ADU. Since the proposed ADU is single storey, the highest exterior wall located at 4.3 metres from the side lot line is not anticipated to impact privacy of the neighbouring property or the subject property. Page 67 of 208 The intent of limiting lot coverage for all accessory buildings to 15%, including ADU, is to ensure ancillary nature of all the accessory buildings on a lot. The proposed ADU is designed with accessibility in mind, requiring additional space in bedrooms and bathroom. However, the total building floor area of the proposed ADU meets the 80 square metres requirement as prescribed under Section 5.22 h) of Zoning By-law 85-1. The additional 3.4% of lot coverage is primarily attributed to the covered deck providing shelter to the main entrance of the ADU. The additional lot coverage requested does not impede on the ancillary nature of the proposed ADU. Staff are of the opinion that the requested variances meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variances are minor as the approval of the highest exterior wall, where the peak of shed roof is more than 4.5 metres, to be located 4.3 metres instead of the minimum 4.5 metres from the side lot line and an additional lot coverage of 3.4% due to the proposed covered entrance of the accessible ADU is not distinguishable and will not have a significant impact on the adjacent properties or neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are appropriate for the development and use of the land and building as the proposed ADU is consistent with the low rise residential and "family-oriented" characteristics of the surrounding neighbourhood. As such, the requested variances are considered desirable in order to facilitate the development of an accessible ADU. Environmental Planning Comments: The standard tree management condition should be applied. A Tree Preservation/Enhancement Plan (Arborist's report, Aboud & Associates, 14 Oct 2022) was submitted in support of the required development approval for the ADU. We have preliminarily reviewed it and have some concerns regarding the recommendations for, and proposed treatment of, the Norway Maples at the rear lot line (Trees T5, T6, T7). Additional information and/or changes to the current recommendations will be required. Detailed comments will be provided as part of the review and approval required as a condition of the variance that is the subject of this application. Heritage Planning Comments: No heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 312 Duke Street East is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the Additional Dwelling Unit is obtained prior to construction. Please contact the Building Division at buildinq_(a(a�kitchener.ca with any questions. Engineering Division Comments: No Comments. Parks/Operations Division Comments: No concerns, no requirements. Page 68 of 208 Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: Attachment A — Survey of 312 Duke Street East Attachment B — Site Plan of proposed detached ADU for 312 Duke Street East Page 69 of 208 Attachment A— Survey of 312 Duke Street East R,. r OY. fy Z 3nN3AV ra`oar�vd �I r r " W ' 999 r r r l� AnN7AV �:3 Z.L99 ... Page 70 of 208 Attachment B — Site Plan of proposed detached ADU for 312 Duke Street East NORTH p Ltai wvuoH/ ` 1 .LD.IF PROPOSED TPF EXIST E DEME ISHED 1 1 j li ii i f ROOF ABOVE 7'(') BE DEMOLISHED .� ' , r .. �I{ � t TREES TD. & 79 TG BE REMOVED I � AD TO BE ^. , m \1 TOR MUN NECTFD Tf) CIPAL SANITARY AND �t'� �,,,. Y' —•. d ^�" A� WATER 3ERVIf'.ES EXIH L CONCRE'T'E I /f^ _VAD TO 81: EDGE OF ROOF ABOVEOUTI INS OF EXIST, y�di^ ✓/ //*e/q� OARAOF TO BE DEMOLISHED NYDRC NEW TREE ` �\ g \ uy EXISI ASPNALi i"` '••.., j " a"`"pr., �:. ` To 45@: REMOVED ..............w..,.«.« Ir N w o `+ :X: EXI&T. EXIST, EW&HIN XA,➢OF:LRR {j �.I STEPS -' PATIO ISWDNIN11ON, ONLY 1 i-� 90 REMAIN NG S80N', ONLY 1 . ' "%. 1 ti,"�' ... 1 _ R"AtldKIPJ4.� SPA L E"f0 HE R / PROVIDE) / E:XY":9 BUAFdO i'EMAIN /.� th SPACE v ' Ta REMAIN r IE&m 2 6r,,bJ, p/ 312 DUKE ST. E EXISTING 3 STOREY MAIN DWELLING GFA:1RrreINC w, 1 BUELDING FOOTPRINT'. 94f15m� Y 1 X EXAM C4)NC':fl{E"IF � .... WA0. M;VJAY - TO REMAIN PROPOSED 1.1M PAVEDACCES9 I F k"XIST. FIVl7V8© v IOADW j Y ° s I t METER ExISMETEk �,. ..... urv..�. ....,..,. /Mh 4 'q _ EXIST 51 EPS / J TO REMAIN EXIST RETAINING WALL TO REMAIN 1/ rn 11Y11 'y wux w EXIS i 1 kp.1 PROPOSESASIU 304.N 1 MA 1 u.wur. u.nvn ma PriwV, � TO REMAIN EXII:T. STEEL w FENCF'Op REMAIN ar } PEE_____, , �Y /pE` POST. HYD IRa .� . � " Pr k LOT AREA 14 18 525,72 mz _ i FRONTAlaE .: 1 4AM0 CAA'>FD AREA r�...... ....:.......:.......................................................................................... DUKE STREET EAST ALL MEASUREMENTS IN METERS SITE PLAN 1 1:100 °' Page 71 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 72 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 73 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 74 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 75 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 006 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 006 35 Colrall Crescent South 2023 007 30 161reiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 76 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 77 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Joanne McCallum, Coordinator, Planning & Zoning, 519-741-2200 ext. 7075 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: January 4, 2023 REPORT NO.: DSD -2023-024 SUBJECT: Minor Variance Application A2023-005 - 549 Fairway Road South Owner: FCA Canada Inc. (Greg McCall/Tony Diab) Applicant: Wendell Motor Sales Ltd (Craig Hendry) RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-005 for 549 Fairway Road South requesting relief from Section 13A.2.1 of Zoning By-law 85-1, to permit a side yard setback of 0.6 metres, instead of the minimum required 3 metres to recognize the location of an existing accessory building, generally in accordance with the Site Plan submitted with the Minor Variance application, dated November 30, 2022, to be updated by a future formal Site Plan Application, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to permit and legalize the location of the existing accessory building on the property municipally addressed as 549 Fairway Road South. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on Fairway Road South between Wilson Avenue and Manitou Drive. The property is surrounded by retail, storage and restaurant uses. The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Commercial' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Commercial Campus Zone (C-8)' in Zoning By-law 85-1 with Special Regulation Provision 297R and Special Use Provision 112U. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 78 of 208 The business operating at this location is Wendell Motor Sales Ltd. The purpose of the application is to recommend the approval of a variance to recognize the location of the existing accessory building on the property. The accessory building was added to the property in 2017. Buildings accessory to residential uses only require a 0.6 metre setback, however, accessory buildings for commercial uses must meet the setbacks of the zone. The applicant will be updating the existing Site Plan, dated April 27, 2000 to show the location of this accessory building. City Planning Staff conducted a site inspection of the property on December 30, 2022. Figure 1: Location Map - 549 Fairway Road South Page 79 of 208 Figure 2: Photo showing front of Wendell Motors and accessory building Figure 3: Photo of accessory building showing proximity to fence Page 80 of 208 Figure 4: Photo showing width of accessory building VK T UNO STIM DUMVIII) Em= NM INNY F A II W A Y 3=1 El I m k-n9th SM STAITSMS s ZONIM) C.8 TUM srTr,,AnA 1.295ha FASTING TOTAL FKALMNG GYA 2,20)" ov". PROMSEDI'MAL RUIRDIWo GAA 2,,,6" sqjm, WOW WAMI - I " SPACES CMM,'0- PAWSCA 2WMPKEA V51D AREA 906 sq"M' PAW,* VAS MICAL NMEMYDN, 3,05 va, X Col rn VI 0WxK of ad"Wj6d prowly WX Vigm-of"Way" WA) Cm #hams pop""Y '12:c ar WW DOW A"4XVC GM iAWB'"" low IMMSMIMIM Figure 5: Site Plan showing location and size of accessory building Page 81 of 208 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 identified as `Major Transit Station Area' on Map 2 — Urban Structure, and `Commercial' on Map 3 — Land Use in the City's 2014 Official Plan. Lands identified as `Major Transit Station Areas' represent an area of a ten-minute walking radius centered around the location of Rapid Transit Station Stops. They are planned to support transit and rapid transit infrastructure by: • accommodating growth through development, • providing connectivity of various modes of transportation to the transit system, • achieving a mix of residential, office, institutional and commercial development, and • having pedestrian -friendly and transit -oriented built form. Lands designated `Commercial" are intended to provide a wide range of commercial activities that meet the needs of the city's residents, employees, businesses, and visitors. The existing use of sale, rental, service, storage, or repair of motor vehicles is a permitted use in the `Commercial' designation. The accessory building added on the property is intended to complement the services offered at this business. The proposed variance conforms to the designation, and it is of the opinion of staff that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned `Commercial Campus Zone (C-8)'. This zone permits a wide range of commercial uses, including Sale, Rental, Service, Storage or Repair of Motor Vehicles. The intent and purpose of the property line setbacks in the Commercial Campus Zone is to ensure that there is adequate access in and around structures on the property for the purpose of movement and maintenance, as well as to ensure that there is adequate separation distance between buildings or other uses. The minimum side yard setback is 3 metres, and the applicant is proposing to legalize the 0.6 metre side yard setback of the accessory building. As seen on the sketch above in Figure 2, there is still adequate space provided for movement between the main building and the accessory building. Setback regulations for buildings accessory to Residential uses are 0.6 metres. The setback for buildings accessory to Commercial uses are greater as these buildings could have greater impacts on adjacent properties. This accessory building will not negatively impact adjacent properties and a 0.6 metre setback for an accessory building in this case will be sufficient. Planning staff are of the opinion that the general intent and purpose of the Zoning By-law is met. Is/Are the Effects of the Variance(s) Minor? The requested variance is minor in nature and is not expected to create unacceptably adverse impacts on the subject property itself or on adjacent lands. The variance will facilitate the addition of an accessory building which will complement the services provided by Wendell Motor Sales Ltd. Page 82 of 208 Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance is appropriate for the development and use of the land. The accessory building provides additional functionality on the property to assist Wendell Motor Sales Ltd. in their business operations. There are no anticipated negative impacts to the adjacent property. Environmental Planning Comments: No natural heritage or tree management policy concerns. Heritage Planning Comments: No comment. Building Division Comments: No comment. Engineering Division Comments: No comment. Parks/Operations Division Comments: No concerns, no requirements. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: No concerns. GRCA Comments: No objections. Ministry of Transportation of Ontario (MTO): MTO has no objection. 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 Page 83 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 84 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 85 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 86 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 87 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 I Ireiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.aat "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 88 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 89 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: Ward 9 DATE OF REPORT: January 6, 2023 REPORT NO.: DSD -2023-028 SUBJECT: Minor Variance Application A2023-006 - 35 Coral Cres. Owner: 2611601 Ontario Inc. (c/o Janelle Hale) RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2023-006 for 35 Coral Crescent requesting relief from the following sections of Zoning By-law 85-1: i) Section 5.22 h) to permit the Building Floor Area of an Additional Dwelling Unit (Detached) to exceed 50 percent of the Building Floor Area of the principal building, whereas a maximum of 50 percent or 80 square metres is permitted, whichever is less; ii) Section 5.22 i) i) and 38.2.1 to permit an existing side yard setback of 0.95m on one side for the principal building instead of the minimum required 1.2 metres; and iii) Section 6.1.1.1 b) ii) e) to permit a driveway to be located 0 metres from the side lot line, whereas a minimum driveway setback of 0.6 metres is required; to permit an Additional Dwelling Unit (Detached) with a maximum Building Floor Area of 80 square metres, generally in accordance with drawing attached to Report DSD -2023- 028, as Attachment A, BE APPROVED subject to the following condition: 1. Prior to the issuance of a Demolition and/or Building Permit: a) the Owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the approved Tree Preservation/Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 90 of 208 and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. Zoning By-law 2019-051 B. That Minor Variance Application A2023-006 for 35 Coral Crescent requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 g) to permit the Building Floor Area of an Additional Dwelling Unit (Detached) to exceed 50 percent of the Building Floor Area of the principal building, whereas a maximum of 50 percent or 80 square metres is permitted, whichever is less; ii) Section 4.12.3.1 a) a) to permit an existing side yard setback of 0.95 metres on one side for the principal building, instead of the minimum 1.2 metres; and iii) Section 5.4, Table 5-3, to permit a driveway to be located 0 metres from the side lot line, whereas a minimum driveway setback of 1.2 metres is required; to permit an Additional Dwelling Unit (Detached) with a maximum Building Floor Area of 80 square metres, generally in accordance with drawing attached to Report DSD -2023- 028, as Attachment A, BE APPROVED subject to the following condition: 1. Prior to the issuance of a Demolition and/or Building Permit: a) the Owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the approved Tree Preservation/Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. And subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. Page 91 of 208 Figure 1. Aerial photo showing the subject property and surrounding context. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of variances to permit an Additional Dwelling Unit (Detached) with a Building Floor Area (BFA) greater than 50 percent of the BFA of the principal building, a reduced side yard setback for the principal building, and a reduced driveway setback. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of The Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Coral Crescent in the Southdale Planning Community. The property contains a single detached dwelling that was constructed in approximately 1961. The surrounding lands are composed primarily of low-density residential land uses on lots of various dimensions and shapes. Dwelling types include single detached dwellings, duplexes, and semi-detached dwellings constructed mainly between the mid -1940s and mid-1970s, though there are recent examples of new development. Dwellings within the surrounding neighbourhood range in design, architecture, materials, and building height. The subject property is identified as Community Areas on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Four Zone (R-4)' in Zoning By-law 85-1 and is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051, which is currently under appeal. City Planning staff visited the property on January 3, 2023. Page 92 of 208 Figure 2. View of subject property from Coral Crescent In 2021, the applicant submitted Consent Application B2021-045 which requested to sever the existing lot in half (refer to Report DSD -2021-208). The existing single detached dwelling was proposed to be demolished and a duplex was proposed on each resultant lot. The Committee of Adjustment deferred the application at the October 2021 Committee meeting to allow the applicant the opportunity to submit elevation drawings, a conceptual site plan, and provide an update regarding the Phase One Environmental Site Assessment that was requested by the Region. In June 2022, the applicant withdrew the application with the intention of re -applying at a later date. At this time, the applicant is pursuing a new proposal for the subject property. In this regard, the applicant is proposing to convert the principal building from a single detached dwelling to a duplex dwelling. Moreover, the applicant is proposing to construct an Additional Dwelling Unit (Detached) [ADU (Detached)] in the rear yard. To permit the ADU (Detached), the applicant is requesting the following variances from Zoning By-law 85-1: 1. Relief from 5.22 h) to permit the Building Floor Area of the ADU (Detached) to exceed 50 percent of the Building Floor Area of the principal building, whereas a maximum of 50 percent or 80 square metres is required, whichever is less; 2. Relief from 5.22 i) i) and 38.2.1 to permit an existing side yard setback of 0.95 metres on one side for the principal building, whereas 1.2 metres is required; and 3. Relief from 6.1.1.1 b) ii) e) to permit a driveway to be located zero metres from the side lot line, whereas a minimum driveway setback of 0.6 metres is required. Page 93 of 208 Moreover, the following variances from Zoning By-law 2019-051 are also required to facilitate the ADU (Detached): 1. Relief from 4.12.3. g) to permit the Building Floor Area of the ADU (Detached) to exceed 50 percent of the Building Floor Area of the principal building, whereas a maximum of 50 percent or 80 square metres is required, whichever is less; 2. Relief from 4.12.3.1 a) a) to permit an existing side yard setback of 0.95 metres on one side for the principal building, whereas 1.2 metres is required; and 3. Relief from Section 5.4, Table 5-3, to permit a driveway to be located zero metres from the side lot line, whereas a minimum driveway setback of 1.2 metres is required. 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 2014 Official Plan contains numerous policies that relate to the proposal. For example: • The Low Rise Residential land use policies of the Official Plan state the following: 15.D.3.8. The Low Rise Residential land use designation will accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. 15.D.3.9. The City will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. • The Community Areas polices of the Official Plan state the following: 3.C.2.50. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. • The Housing policies of the Official Plan state the following: 4.C.1.6. The City will identify and encourage residential intensification and/or redevelopment, including adaptive re -use and infill opportunities, including additional dwelling units, attached and detached, in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and servicing costs by minimizing land consumption and making better use of existing community infrastructure. • The Built Boundary and Built -Up Area policies of the Official Plan state the following: 3.C.1.11. Smaller scale, site-specific intensification opportunities and additional dwelling units, attached, may be permitted throughout the Built -Up Area in accordance with the land use policies in Section 15. Page 94 of 208 • The Additional Dwelling Units, Attached and Detached policies of the Official Plan state the following: 4.C.1.24. The City, in accordance with Planning Act and other applicable legislation, will permit a stand-alone additional dwelling unit (detached), as an ancillary use to single detached dwellings, semi -detach dwellings and street townhouse dwellings. The following criteria will be considered as the basis for permitting an additional dwelling unit (detached). a) the use is subordinate to the main dwelling on the lot; b) the use can be integrated into its surroundings with negligible visual impact to the streetscape; c) the use is compatible in design and scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing, height and visual appearance; and, d) other requirements such as servicing, parking, access, stormwater management, tree preservation, landscaping and the provision of amenity areas. Additional dwelling units (detached) will be subject to site plan control. Planning staff is of the opinion that the requested variances would maintain the general intent of the Official Plan. The variances would facilitate an ADU (Detached), which is an innovative, low density housing form, and one that is specifically permitted within the Built -Up Area and by way of the Low Rise Residential policies. With respect to policy 4.C.1.24, Planning staff is of the opinion that the proposed ADU (Detached) would be subordinate to the main dwelling on the lot, being approximately 67 percent of the Building Floor Area of the principal building and only approximately 41 percent of the Gross Floor Area of the principal building. The proposed ADU (Detached) would be located on a relatively large lot (1,119.47 square metres / 0.28 acres), behind the principal building and more than 40 metres from the front lot line. The proposed ADU (Detached) has also been specifically positioned to not negatively affect trees located near the rear and side lot lines. Servicing, parking, access, stormwater management, and provision of open space are regulated through zoning and through the building permit process. Additionally, no variance to the building massing and height have been proposed. It should be noted that under the recently effected Bill 23, Site Plan Control no longer applies to ADUs. General Intent of the Zoning By-law Planning staff is of the opinion that the requested variances would maintain the general intent of the Zoning By-law. The general intent of the zoning regulation to limit the size of an ADU (Detached) is to ensure that the ADU remains subordinate to the principal building. It should be noted that in this case the Building Floor Area (above grade floor area) of the principal building is approximately 120.4 square metres, whereas the Gross Floor Area (all floor area, including raised basement) is approximately 194 square metres In this regard, although the ADU (Detached) would be greater than 50 percent of the BFA of the principal building (67 percent), it would be only 41 percent of the GFA of the principal building. As noted above, Planning staff is of the opinion that the proposed ADU (Detached) would be subordinate to the main dwelling on the lot. The proposed ADU (Detached) would be located on a relatively large lot (1,119.47 square metres / 0.28 acres), behind the principal building and more than 40 metres from the front lot line. The ADU (Detached) would be subordinate to the principal building. The general intent of the zoning regulation for a minimum side yard setback of 1.2 metres for the principal building is to ensure that sufficient space is maintained for a minimum 1.1 metre wide Page 95 of 208 walkway from the street to the ADU (Detached). In this case, the applicant has advised that the walkway will be provided on the side of the principal building where a 1.78 metre side yard setback will be maintained (fully compliant; the same side of the lot as the ADU). It should also be noted that the current 0.95 metre side yard setback is likely considered legal non -conforming, having been established prior to the by-law requirement, noting that the principal building was constructed in the early 1960s. However, relief is now required as a result of the subject proposal. The general intent of the zoning regulation for a minimum driveway setback is to ensure adequate landscaped area in the front yards and for buffering to adjacent properties. In this case, the driveway on the subject property already exists and directly abuts a concrete walkway on the adjacent property (31 Coral Cres) that connects the municipal sidewalk and a side entrance. Also, the width of both the subject property and adjacent property are relatively large so as to allow for significant amounts of front yard landscaping. Are the Effects of the Variances Minor? The variances are minor since they will not cause unacceptably adverse impacts on adjacent properties. Adequate parking, landscaping, and amenity area are being accommodated and the streetscape will not be negatively impacted. Note that Planning staff is recommending a condition for tree preservation. Also, massing and building height regulations are being respected. Are the Variances Desirable for the Appropriate Development or Use of the Land? The variances are desirable since they will facilitate a form of housing and a level of intensification that is appropriate for the context. The ADU (Detached) will be located deep into the rear yard of the subject property so as to protect existing trees near the property line. Setbacks, building height, and massing related to the ADU (Detached) will comply with the Zoning By-law. Environmental Planning Comments: The standard tree management condition should be applied. The City's concern is for the neighbour's or shared -ownership trees, especially at northwest corner of rear yard and that the Tree Preservation / Enhancement Plan or arborist's report could be scoped to those trees, or any others close to property limits that development might impact. The City does not have any concerns regarding the removal of spruce trees located entirely on the subject property. Heritage Planning Comments: No heritage concern. The subject property is adjacent to the St Mary's Heritage Conservation District. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the Additional Dwelling Unit is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: No concerns. Region Comments: No concerns. Page 96 of 208 GRCA Comments: No concerns. MTO 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 and 2019-051 • Report DSD -2021-208 ATTACHMENTS: Attachment A — Plan Submitted with Minor Variance Application 2023-006 Page 97 of 208 Page 98 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 99 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 100 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 101 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 102 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 I Ireiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 103 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 104 of 208 From: To: Committee of Adjustment (SM) Subject: Application A 2023-006 - 35 Coral Crescent Date: Monday, January 9, 2023 4:02:14 PM Please circulate my comments to the committee. I just received notification of the owner's application in the mail this afternoon (Jan. 9th), but became aware of it Dec. 30th when it was posted in The Record and when a lawn sign was posted the same night. Concerns expressed in response to the owner's previous application remain and include: -increased traffic and parking on a tiny street -garbage buried on the property decades ago (from landfill site) presents environmental concerns if digging is to be done on the property -loss of mature trees If an Additional Dwelling Unit is to be permitted in the backyard, I do not see the need for a variance to increase the size. It should be kept to what is currently allowed to minimize loss of trees and limit impact on surrounding neighbours both on Coral Cr. and Perth Rd. Thank you for your time and attention to this matter. Nancy Carlisle -Weaver Page 105 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD(S) INVOLVED: 10 DATE OF REPORT: January 6, 2023 REPORT NO.: DSD -2023-036 SUBJECT: Minor Variance Application A2023-007 - 30 Breithaupt Street Owner: 2184647 Ontario Ltd and Breithaupt Block Inc. Agent: Perimeter Development Corp. (c/o Craig Beattie) RECOMMENDATION: Zoning By-law 85-1 That Minor Variance Application A2023-007 for 30 Breithaupt Street requesting relief from the following sections of Zoning By-law 85-1: i) Section 55.2.1 to allow a front yard setback of 0.32 metres instead of the minimum required front yard setback of 1.5 metres; and ii) Section 6.1.1.2 b) to allow a parking lot to provide for ingress and egress of vehicles to and from a lane in a reverse motion and a forward motion, whereas section 6.1.1.2 b) requires that a parking lot shall provide for ingress and egress of vehicles to and from a street or lane in a forward motion only; to facilitate the development of a four -storey office building, in accordance with Site Plan Application SP21/120/B/AP, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of variances for a reduced front yard setback and to allow vehicles to enter and exit a parking lot to and from a lane in a reversing motion. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of The Record and signage placed on the property. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 106 of 208 Figure 1. Aerial photo showing the subject property (white outline), "L" shaped public lane (red, dashed line), and surrounding context. BACKGROUND: The subject property is municipally addressed as 30 Breithaupt Street and is located east of the corner of Breithaupt Street and Moore Avenue, north of downtown. The subject property is part of a complex of buildings and properties located on both sides of Breithaupt Street that are presently occupied by Google. The subject property is currently used as a surface parking lot for Google employees. However, Site Plan Application SP21/120/B/AP received Approval In Principle on July 18, 2022 (later revised on September 22, 2022), to permit the development of a 4 -storey office building (Attachment B represents the most recently approved Site Plan drawing). It should be noted that the applicants have advised staff that they intend to make very minor changes to this most recently approved plan (Attachment C represents the `New Proposed Site Plan'). These proposed changes have little or no consequence for the subject application. The applicants also own the property immediately to the west, addressed as 20 Breithaupt Street, which is under construction with an 11 -storey office building. An "L" shaped, unnamed public lane connects Waterloo Street (to the east) to Wellington Street North (to the north) and grants access to the subject property as well as 20 Breithaupt Street. Properties immediately to the east were originally developed as Single Detached dwellings but are currently zoned `Industrial Residential Zone (M-1)'. The lands on the opposite side of the public lane are zoned and used for low rise residential land uses. The subject property is designated `Mixed Use' on Map 3 — Land Use with Specific Policy Area 39 (Breithaupt Block Phase 3) on Map 5 — Specific Policy Areas in the City's 2014 Official Plan. Specific Policy Area 39 allows a maximum Floor Space Ratio (FSR) of 4.5 and is not applicable to the subject application. Moreover, the subject property is identified as Major Transit Station Area on Map 2 — Urban Structure. The property is split zoned under Zoning By-law 85-1 only (the property is not presently zoned under Zoning By-law 2019-051): Page 107 of 208 The approximately 89 percent eastern portion of the lot is zoned `High Intensity Mixed Use Corridor Zone (MU -3)' with Special Regulation Provisions 716R and 718R and Special Use Provision 465U; The approximately 11 percent western portion of the lot is zoned `High Intensity Mixed Use Corridor Zone (MU -3)' with Special Regulation Provisions 716R and 717R and Special Use Provision 465U. In February 2022, the applicant submitted Consent Application B2022-012 which requested, among other matters, consent to sever a parcel of land from 20 Breithaupt Street with an approximate width ranging between 9.6 metres and 12.0 metres, a depth of 48.1 metres, and an area of 567.5 square metres, and combine the lands with the subject property, to provide the sufficient lot area to facilitate the proposed development of the 4 -storey office building, as outlined above (refer to Report DSD - 2022 -085). City Planning staff visited the property on December 14, 2022. A photo taken at the time of the site visit is included below (Figure 2): Figure 2. View of subject property from Breithaupt Street, looking across the existing parking lot towards 20 Breithaupt Street. At this time, the applicant is requesting variances to facilitate the development proposed of the 4 - storey office building. Special Condition IV of the Approval in Principle for Site Plan Application SP21/120/B/AP requires that such a variance be submitted and approved. Specifically, the applicant is requesting relief from the following sections of Zoning By-law 85-1: 55.2.1 to allow a front yard of 0.32 metres, whereas a minimum front yard of 1.5 metres is required. The following building features are proposed within the 1.5m front yard: Page 108 of 208 rp o� rri i �i� I/" iia r t 1NiiiVai �a�ii �f �Y��i i I1J� 'i i ion i �� i i � SR� i Edge of Canopy 0.32 metres 1.18 metres Page 108 of 208 The graphic below, extracted from the application submission, illustrates the applicable building features. ii. To allow a parking lot to provide for ingress and egress of vehicles to and from a lane in a reverse motion and a forward motion, whereas section 6.1.1.2b) requires that a parking lot shall provide for ingress and egress of vehicles to and from a street or lane in a forward motion only. A 12 -space parking area is proposed at the rear of the building with direct access to the abutting lane. The parking area is designed so that vehicles must reverse into the public lane, as shown in the graphic below: Page 109 of 208 NEW PROPOSED SITE PLAN --- ---- ------ • �x 1 to dmlain C',� y/ ��� rr��lalL�tIA4 �x �r���� � IolKstM"rrL '.�rsFw �� �� ,,.. �, �,, ' .... ,m.. w,.. n �+ Ind Y d fvn CM.O :HINAtl � �1 �ICUfF �' Y �"IImfiIV°IF1 6.1 9 d�Y YI 'FIRE III k. � y�ry 111M T""r +rte LOAD N `� "f P,r yu �... , sm t!Ir/p, �b`ru 4 AJ IU�NCr'1,"♦6 • G.0 4f ."A'IG�� NnlMfm I'h �w'r;ti1/fl f.... BOARD ups' ���r La�awdulr� ryl 1k II E FENCE I I I u r — 20 BREFHAUPT ST. 1157ORE� 30 ma BR�ITHfVN1PT5'T. KILN ILLI aIJIJEC7 IGFFVIEIBUILMG m 4STOREY larHR OFFICE BUILDING �.. CIF Why 1P " WxUi I 4R 'dl 11 t Nnli �hxr ••,k L IJ� '4 � ,44y"D70 mI A,�IL,�2�NY,.., w � Y!u:rkrr rmanU461 PENCE O rY�lhe ikCddh f![40"F?HI;F 4 I N r �`4 I AI W ly mdlnP19l M(JPI Pmdp�n: �. — Al m•ru.iexrrcm --�,. d;aYVlllr v r,mrnelu: il7il'o Idh m F r'ti„�s;w ! mx 4r'➢Fy, I� n Ilw Wv� 4•tW'44 PYA4bAC�� CIIUADM sT F: 4 !mn mil WY l A r I�I'�- !Ih O.Fr{j h --------- ww � ''S• I �ryp �w.,..�wrww AWVI PAVING 7"8F',.fi�AFJVNqk P i ” r�;nl'.N'ta'r _nl UrfAimll AISI-M.,-FiET ^^,^^6Js'w'�"9v' PAI'IKI Nr;i`.... Q17BFYC V 11.QCH,, "tJAH; GHQ"-ME. DO n911 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 Planning staff is of the opinion that the variances meet the general intent of the 2014 Official Plan. The Official Plan contains a Parking policy that relates to Variance i), for example: 13.C.8.4. All parking areas or facilities will be designed, constructed and maintained: b) for the safe and efficient movement of all users, on the site, and at points of ingress and egress related to the site; The proposed 12 space parking lot at the rear of the building has been fully reviewed by Transportation Services staff through the related Site Plan Application process. Transportation Services staff has also reviewed the subject application and advises that it has no concerns with the request for relief to allow the parking lot to provide for ingress and egress of vehicles to and from a lane in a reverse motion and a forward motion. The Official Plan contains several policies that relate to Variance ii), for example: • The Mixed Use policies state the following: Page 110 of 208 15.4.6. To ensure uses, built form and building design are compatible with surrounding low rise neighbourhoods and are pedestrian -oriented and human -scaled in order to positively contribute to the public realm. 15.4.7. To ensure that development and redevelopment of lands within lands designated Mixed Use implement a high standard of urban design. 15.D.4.12. The City may: a) require that a portion of the building mass as well as primary fagades and building entrances be oriented towards the public realm by imposing maximum front yard setbacks and fagade design policies, guidelines and zoning regulations... • The Urban Design policies state the following: 11.C.1.31. The City will ensure new buildings are designed, existing buildings are redeveloped, expanded, converted or renovated to enhance pedestrian usability, respects and reinforce human scale, create attractive streetscapes and contribute to rich and vibrant urban places. 11.C.1.33. The City will encourage the following: a) provision of attractive building forms, fagades and roof designs which are compatible with surrounding buildings; d) individual architectural innovation and expression that reinforces and positively contributes to achieving the City's urban design goals and objectives; Urban Design staff is satisfied that the building design, as proposed through the related Site Plan Application, represents a high standard of building design and places an emphasis on architectural detailing of the front fagade. The front fagade is human -scaled and will positively contribute to the public realm on Breithaupt Street. Moreover, some of the design features at the front of the building will ensure that an access ramp can be provided to ensure AODA compliance. General Intent of the Zoning By-law Planning staff is of the opinion that the requested variances would maintain the general intent of the Zoning By-law. The general intent of the zoning regulation to require a parking lot to provide for ingress and egress of vehicles to and from a street or lane in a forward motion only is to ensure the safe and efficient movement of all users on the site, and at points of ingress and egress related to the site. As noted above, in this case, Transportation Services has no concerns with the request for relief from this regulation. It should also be noted that the majority of the required parking spaces for the proposed office building (i.e., 110 parking spaces) are located off-site at a nearby, privately - owned parking garage (305 Joseph Street) and at 20 Breithaupt Street. Only 12 parking spaces are located on-site (i.e., the 12 parking spaces that require relief). The general intent of the zoning regulation to require a minimum 1.5 metre front yard is to ensure sufficient space for landscaped area and buffering to the street. In this case, it must be noted that it is not the whole of the front building fagade that requires relief, but rather only certain building features that project from the building proper that require relief. These projections into the front yard setback are mainly for the purpose of providing an enhanced building design. In addition, it should be noted that the municipal boulevard along this section of Breithaupt Street is planned to be improved with an enhanced streetscape design. In this regard, Special Condition VII of the Approval In Principle for the associated Site Plan Application requires that the applicant "enter into a Streetscape Plan Agreement and a Maintenance and/or Encroachment Agreement, for the boulevard adjacent to the subject lands, within the Breithaupt Street right-of-way." In addition, the applicant is required to "prepare and submit a Street Tree Planting Plan". These are requirements Page 111 of 208 agreed to by the applicant to enhance the public realm in front of the proposed building, through implementation of both hard-scaping and soft-scaping within the boulevard. With respect to buffering to Breithaupt street, Transportation Services has advised that it has no concerns with this variance. Are the Effects of the Variances Minor? The variances are minor since they will not cause unacceptably adverse impacts on adjacent properties. As noted above, Transportation Services has advised that it has no concerns with this variance for relief from the regulation to require a parking lot to provide for ingress and egress of vehicles to and from a street or lane in a forward motion only and it should be reiterated that this variance only relates to 12 parking spaces. The public realm will not be negatively impacted but rather improved as a result of the enhanced building design with the proposed encroachments into the front yard. Moreover, the Special Condition required through the Site Plan Application will ensure that the streetscape is enhanced, not devalued, as a result of the proposed development. Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable since they will facilitate the continued growth and evolution of the high- tech office complex along Breithaupt Street, which is currently occupied by Google. The proposed 4 -storey office is a sympathetic development that assists in the transition from higher intensity office use to the south and west to a low-density residential neighbourhood to the north. Environmental Planning Comments: No natural heritage or tree management concerns. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 30 Breithaupt Street is located within the Warehouse District CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. The subject property is also adjacent to 51 Breithaupt Street, which is listed as a property of cultural heritage value or interest in the Kitchener Municipal Heritage Register. There are no anticipated impacts to the identified heritage attribute of the adjacent heritage property as a result of the proposed variance. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the accessible entry platform is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns, no requirements (requirements addressed through SP21/120/B/AP) Transportation Planning Comments: No concerns. Region Comments: No concerns. Page 112 of 208 Metrolinx Comments: No concerns (detailed comments were provided to Legislated Services staff). GRCA Comments: No concerns. MTO 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 • Report DSD -2022-085 ATTACHMENTS: Attachment A - Drawings and 3D Illustration Submitted with Minor Variance Application Attachment B — Most Recently Approved Site Plan Drawing (SP21/120/B/AP) Attachment C —'New Proposed Site Plan' Submitted with Minor Variance Application Page 113 of 208 Attac nment A - urawinas ana 3U mustration Supmlttea witn minor variance App. ZUZ3- 007 Page 114 of 208 Attachment B — Most Recently Approved Site Plan Drawing (SP21/120/B/AP) 4,r.,), C Q vy �_ uTo M i z m O m 7> b 7C7 CO O n rn >m Cz �7 sp mC7�� m� c}ca.....� U.. -I m{ z b A I� F 4 fAr7 \Cn �I� Chi) m �► M n �� I1 ca m O� 00 o >Im ( m rLi Z ....... ITl = S�, o i m r CAI m O `" U) - > cm . , CO C zo 1 �I II n i IW m � to CO ry G) -0 vi M oz m C z���2 4 —� _..,..,.._. '� ;.C7 C!) A r 'tl 2n mq cryCO m'00 s I C 4i va O —Ci 1'I m p MU) z x m C1 ,- v Z' 111116 �M /'\ s CO N24°35'00"W 48.016 M PF O .G O W O _c, -O O Q P.CTI �o[+�p vl� Qi vi wO W� v M ,! N 0 o T> 'I'I ;u2 m s� m � ZK CT o m m .�f6a a=i ii C !I) ID h7 m 2. r 3 i- w ro � 2+ 6. �a m � 3 G) s7. � rn D � ' °a O ICI n �� G7 -2: m' � v m '� .,ten � .s —i [!� C K" A O .'G b ro 65?. p'Q m m 0 4 O .ca W ski m < Is c, m . -o u R w Z3 '_, 3 a, m cf) a> G7 0 CO o W —•3 C7 cO (n It "" V G7 Page 115 of 208 Attachment C —'New Proposed Site Plan' Submitted with Minor Variance App. 2023-007 I W 70 M M CO M MM I 0 0 q M 0 > io� - -- ------- --- 0 ;WO —;5 rn 4 M 4:� . .. ........ .. .. U) 14& M GJ SJ CD Ov,/ vrr 5E, 25 M 0> rA W �;v M a 4.4 P O R''; 1.2 SIDEWALK LuwDscAwE LANDOW:— ROM N24'35*00'W 48,016 RESIDENTIAL .8, OP M IF Cn Lp M '91 > > r- 'A'A (n 0L.zcr- " Ti -n ( M a T5 R Page 116 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 117 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 118 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 119 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 120 of 208 :00: METROLINX To: Kitchener Committee of Adjustment From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review Metrolinx Date: January 4, 2023 Re: A 2023-007 — 30 Breithaupt Street, Kitchener - MV Metrolinx is in receipt of the minor variance application for 30 Breithaupt St to facilitate a reduced front yard setback. Metrolinx's comments on the subject application are noted below: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As the requested variances have no implication on Metrolinx property (i.e. Guelph Subdivision) Metrolinx has no objections to the specified variances should the committee grant approval. The Proponent is advised the following: o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Intern, Third Party Projects Review Metrolinx 20 Bay Street Suite 600, Toronto Page 121 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 I Ireiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 122 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 123 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 8 DATE OF REPORT: January 10, 2023 REPORT NO.: DSD -2023-044 SUBJECT: Minor Variance Application A2023-008 - 36 Orchard Park Crescent Owners: Erin Way and Sean Hubberstey Agent: Danny Carreiro RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2023-008 for 36 Orchard Park Crescent requesting relief from Section 36.2 of Zoning By-law 85-1 to permit an attached garage to be located 4.5 metres from the front lot line instead of the minimum required 6.0 metres, to facilitate the construction of a two-storey addition to the existing single detached dwelling, generally in accordance drawings prepared by Danny Carreiro, dated September 9, 2022, BE APPROVED. Zoning By-law 2019-051 B. That Minor Variance Application A2023-008 for 36 Orchard Park Crescent requesting relief from the following sections of Zoning By-law 2019-051: i) Section 7.3, Table 7-2, to permit an attached garage to be located 4.5 metres from the front lot line instead of the minimum required 6.0 metres; ii) Section 7.3, Table 7-2, to permit a front yard setback for an addition of 4.5 metres from the front lot line instead of the minimum required 6.35 metres; iii) Section 7.3, Table 7-2, to permit a southerly side yard setback of 1.2 metres instead of the minimum required 3.0 metres; and, iv) Section 5-2 b) iii) to permit a garage to project beyond the front porch whereas the Zoning By-law does not permit this, to facilitate the construction of a two-storey addition to the existing single detached dwelling, generally in accordance drawings prepared by Danny Carreiro, dated September 9, 2022, BE APPROVED, subject to the following: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 124 of 208 This minor variance shall become effective only at such time as Zoning By-law 2022- 040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the construction of a two-storey addition for a single detached dwelling. • The key finding of this report is that the requested minor variances meet the four tests of the Planning Act. • There are no financial implications. • Community engagement included circulation of the application via mail, notification by way of The Record and signage on the property. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the west side of Orchard Park Cres and north of Glasgow Street. The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned R-2 (Residential Two) in Zoning By-law 85-1 and RES -1 (Low Rise Residential One) in Zoning By- law 2019-051, which is currently under appeal. The purpose of the application is to permit the construction of a two-storey addition in front of the existing fagade of a single detached dwelling. A portion of the existing dwelling is proposed to be demolished. The second -floor addition will contain living space and the ground floor will be a two - car garage. The use of the property will continue to be a single detached dwelling. Page 125 of 208 It is noted that the public circulation of the variances had stated the correct variances, however, some of the variances referenced the incorrect by-law. Zoning By-law 85-1 has one variance and By-law 2019-051 has four variances. The correct by-law variances are noted above in the Recommendation. Staff visited the site on January 5, 2023. 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 property is designated as Low Rise Residential which accommodates a full range of low-density housing types including single detached dwellings. It encourages and supports the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. The property is on a crescent with large lots and there is another property with a second storey. The proposed building height is 10.5 metres which meets the regulation of both by-laws. The variances meet the general intent of the Official Plan. Page 126 of 208 9° -P g'9 General Intent of the Zonina By-law The required front yard setback of 6.35 metres (in 2019-051 only) is based on this property being within the area of Appendix D of the by-law. This setback was determined by averaging the building setbacks on either side of the subject property and minus 1 metre. The intent of the regulation is to ensure that development is in keeping with the character of the established neighbourhood. The proposed 4.53 metre setback is for the right front corner of the addition, which angles slightly away from the front lot line to be 6.88 metres at the left corner, facing the street. Also, the applicant advised that two existing Page 127 of 208 mature trees located in front of the proposed addition are to remain which lessens the impact of the addition. The intent of the 6 -metre setback for the garage portion of the addition (in both by-laws) is to ensure that vehicles that may park in front of a garage do not overhang City sidewalks or streets nor impact the streetscape. However, the orientation of the proposed garage has the vehicles entering the property and then accessing the garage doors from the side of the addition because the garage doors face the right -side lot line. The existing driveway is to be removed and replaced with landscaping. As shown in the application drawings, the proposed elevation that faces the street will have windows and appear to be living space which will soften the impact of the reduced setback. The intent of the regulation for side yard setback is to ensure sufficient setback from neighbouring properties. By-law 85-1 permits the proposed 1.2 metre side yard. However, By-law 2019-051 requires a 3 -metre side yard. The intent of the larger side yard in the new by-law is to ensure sufficient setback on the larger lots found in the RES -1 zone. It is noted that the proposed addition has a reduced side yard at two points of the addition which are an angle to the side lot line. The overall impact is not onerous on the neighbouring property which has a building that is 6 metres from the subject side lot line. The intent of the regulation prohibiting a garage to project beyond the porch is in By-law 2019-051 only. (It is noted that the older By-law 85-1 permits a garage projection not greater than the width of the fagade.) The regulation in 2019-051 is to ensure that a garage does not dominate the development or streetscape. As noted previously, the addition will have living space above the garage and the garage is oriented towards the side lot line, therefore softening the impact of the garage on the streetscape and the development. The existing driveway is to be removed and replaced with landscaping. Staff are of the opinion that the intent of the by-laws are met. Is/Are the Effects of the Variance(s) Minor? The above noted variances will permit the enlargement of the existing single detached dwelling to better accommodate the current owner's requirement for their family. As shown in the proposed elevation (submitted with application) the addition is innovative with the garage accessed from the side, but with a second storey that softens the impact of the garage on the property. Transportation Planning staff have advised that they have to objection to the parking variance. The applicant has advised that they will ensure that the maximum driveway width of 8 metres is met. And any additional hard -surface area, for the patio, to be of a material that is distinguishable from the driveway and not to be used for parking or driveway access. Staff are of the opinion that the requested variances can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? As noted above, the variances meet the intent of the two by-laws and can be considered minor. The proposed addition will maintain the low-rise density of the property and surrounding neighbourhood. Page 128 of 208 Proposed elevation viewed from front lot line. AFI Proposed elevation viewed from right side lot line Page 129 of 208 Environmental Planning Comments: No natural heritage issues or requirements under the Tree Management Policy. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 36 Orchard Park Crescent is located within the Westmount East and West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the addition to the single detached dwelling and is currently under review. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 130 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 131 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 132 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 133 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 134 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 131reiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 135 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 136 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: January 5, 2023 REPORT NO.: DSD -2023-030 SUBJECT: Minor Variance Application A2023-009 - 126 Rolling Meadows Drive Owners: Andrei and Diana Balulescu RECOMMENDATION: Zoning By-law 85-1 A. That Minor Variance Application A2023-009 for 126 Rolling Meadows Drive requesting relief from Section 5.22 (k) of Zoning By-law 85-1, to permit an additional dwelling unit (detached) to be located in the side yard abutting a street of the principal dwelling, having a minimum setback of 4.7 metres, generally in accordance with drawings prepared by 360 Smart Design, dated October 2022, BE APPROVED, subject to the following: 1. Prior to the issuance of a Demolition and/or Building Permit: a) The Owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the approved Tree Preservation/Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. Zoning By-law 2019-051 B. That Minor Variance Application A2023-009 for 126 Rolling Meadows Drive requesting relief from Section 4.12.3 (k) of Zoning By-law 2019-051, to permit an additional dwelling unit (detached) to be located in the exterior side yard of the principal dwelling, having a *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 137 of 208 minimum setback of 4.7 metres, generally in accordance with drawings prepared by 360 Smart Design, dated October 2022, BE APPROVED subject to the following condition: 1. Prior to the issuance of a Demolition and/or Building Permit: a) The Owner shall prepare a Tree Preservation/Enhancement Plan, in accordance with the City's Tree Management Policy, to the satisfaction of and approval by the City's Supervisor, Site Plans. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area, and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The Owner shall implement the approved Tree Preservation/Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any demolition and/or building permits, to the satisfaction of the City's Supervisor, Site Plans. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. And subject to the following: This minor variance shall become effective only at such time as Zoning By-law 2022-040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended, at such time the variance shall be deemed to have come into force as of the final date of this decision. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of a variance to permit an accessory dwelling unit (detached) to have a side yard abutting the street that is less than the principal dwelling. • There are no financial implications. • Community engagement included circulation of the application via mail and notification by way of the Record and signage placed on the property. • This report supports the delivery of core services. BACKGROUND: The subject property is located at 126 Rolling Meadows Drive at the intersection of Rolling Meadows Drive and Timberlane Crescent. The property is a corner lot and currently contains a raised bungalow used as a single detached dwelling. Page 138 of 208 Image 1: 126 Rolling Meadows Crescent The subject property is identified as `Community Area' on Map 2— Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Residential Three Zone (R-3)' in Zoning By-law 85-1 and `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019-051, which is currently under appeal. The purpose of the application is to permit an additional dwelling unit (detached) to have a side yard abutting a street that is less than the principal dwelling unit. Page 139 of 208 Image 2 — 126 Rolling Meadows Dr from Rolling Meadows Drive (December 20, 2022) Image 3 — 126 Rolling Meadows Dr from Timberlane Crescent (December 20, 2022) Page 140 of 208 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 Policies of the Official Plan support stand-alone additional dwellings as an ancillary use to single detached dwellings and outline criteria for the location of such dwellings including: that the use is subordinate to the main dwelling on the lot, that the use can be integrated into its surroundings with negligible visual impact to the streetscape; that it is compatible in scale with the built form on the lot and the surrounding residential neighbourhood in terms of massing and height; and, and that other requirements such as servicing, parking, access, stormwater management, etc. are met. The proposed stand-alone additional dwelling is proposed to be located in the rear yard of the primary dwelling. Matters of scale (size and height) as well as servicing, parking, etc. are addressed through zoning by-law regulations and associated building permit requirements. Due the irregular exterior side lot line, the proposed additional dwelling is proposed to be closer to the street than the main dwelling. Staff is of the opinion that the dwelling will not have a negative visual impact on the streetscape and note that it is generally aligned with the primary dwelling. It also meets the minimum side yard setback for the principal dwelling of 4.5 metres and will be screened by an existing wood fence. Staff is of the opinion that general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the Zoning By-law requirement for an additional dwelling unit (detached) to not be located in the front yard or exterior side yard (i.e., closer to the street than the principal dwelling) is to ensure that the additional dwelling unit is subordinate to the principal dwelling and is located in the rear yard. The proposed additional dwelling unit is located in the rear yard and is generally inline with the principal dwelling which has a generous side yard abutting the street. The additional dwelling will be located within a fenced in yard and is setback more than the minimum side yard abutting a street of 4.5 metres for the principal dwelling. Staff is of the opinion that the general intent of the Zoning By-law is maintained. Is the Effect of the Variance Minor? Staff is of the opinion that the effect of the variance is minor. The proposed dwelling is located in the rear yard of the principal dwelling and is compatible in scale with the built form on the lot and the surrounding dwellings. The setback is in keeping with setback requirements for a primary dwelling, and due to the curve in the road staff is of the opinion that reduction will not be visually intrusive on the streetscape. Is the Variance Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the variance is desirable for the appropriate development of the land. The proposed dwelling is compatible in scale with surrounding homes, is located in the rear yard and is subordinate to the primary dwelling. The additional dwelling (detached) complies with other zoning regulations including lot coverage, maximum size, parking, etc. Accessory dwelling units (detached) represent a form of gentle intensification within existing communities and provide much needed housing options. Page 141 of 208 Environmental Planning Comments: Standard tree management condition should be included to ensure that the mature tree at 91 Timberlane Cres is assessed for impact and permission to impact/damage/remove is obtained from neighbour if necessary. The applicant is advised that street trees must be protected if construction access is proposed from Timberlane Cres. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the Additional Dwelling Unit is obtained prior to construction. Please contact the Building Division at building(a-)-kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-laws 85-1 and 2019-051 Page 142 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 143 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 144 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 145 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 146 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44. IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 I Ireiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 147 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 148 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: January 5, 2023 REPORT NO.: DSD -2023-039 SUBJECT: Consent Application B2023-001 - 204 Madison Avenue South Owner: AI Zhara Shia Association of Waterloo Agent: Evan Wittmann, GSP Group Inc RECOMMENDATION: That Consent Application B2023-001 requesting consent to create an easement for stormwater servicing having an irregular shape and an approximate width of 4 metres as shown as Part 1 on the draft Reference Plan prepared by McKechnie Surveying Ltd., dated February 9, 2022, BE APPROVED subject to the following conditions: 1. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 2. That the property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Supervisor, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 149 of 208 b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 6. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. 7. That prior to final approval, the owner must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006 to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to create an easement to facilitate a stormwater outlet for a planned multiple dwelling development at 165 Courtland Avenue East. The property owner at 204 Madison Avenue South is the applicant for this application that is requesting to create the easement over the lands at 204 Madison Avenue South to serve the property at 165 Courtland Avenue East. There are no financial implications. This report supports the delivery of core services. BACKGROUND: Site Plan Application SP20/064/C/ES at 165 Courtland Avenue East has received Approval in Principle from the City to construct a multiple dwelling with 30 dwelling units. A private servicing easement for the proposed stormwater outlet into privately owned storm sewers located on 204 Madison Avenue South is required as a condition to grant full site plan approval. This application is to create this easement. 165 Courtland Avenue East previously received approvals from the Committee of Adjustment for minor variances for reduction in parking and visitor parking in applications A2021-089 and A2022- 095. These minor variances are in full force and effect. The subject property at 204 Madison Avenue South is located on the north side of Madison Avenue South and is adjacent to a concrete channel portion of Schneider Creek. Page 150 of 208 Figure 1. Location Map 165 Courtland Avenue East (in blue) 204 Madison Avenue South (in red) Figure 2. View of 204 Madison Avenue South (January 3, 2023) Page 151 of 208 Figure 3. View of 165 Courtland Avenue East (January 3, 2023) The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Neighbourhood Institutional' on Map 12 — Mill Courtland Woodside Park Secondary Plan. The property is zoned `Neighbourhood Institutional Zone (1-1)' with Special Regulations Provisions 1 R and 93R in Zoning By-law 85-1. The purpose of the application is to create a private servicing easement for the proposed stormwater outlet into privately owned storm sewers located on 204 Madison Avenue South. The easement will facilitate the orderly drainage of stormwater from the proposed development of a 30 unit building at 165 Courtland Avenue East and will benefit the surrounding area by reducing the amount of fill required, as well as shortening the retaining wall needed to address the grades. Figure 4. Site Plan for 165 Courtland Avenue East Page 152 of 208 REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: City's Official Plan (2014) 14.C.1.33. The City will promote the shared placement of utilities within easements and rights -of way to minimize land requirements and increase the efficiency of utility construction and maintenance. 17.E.20.4. Consents may be permitted for the creation of a new lot, boundary adjustments, rights of - way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easement is appropriate. Environmental Planning Comments: No natural heritage issues or requirements under the Tree Management Policy. Heritage Planning Comments: There are no heritage concerns. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 204 Madison Avenue South is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill / Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: Storm outlet being reviewed and installed through SP20/064/C/ES. Engineering has no comment. Parks/Operations Division Comments: No Parks/Operations comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, Page 153 of 208 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.reaionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. 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 $350.00. 2. That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Official Plan (2014) • Zoning By-law 85-1 • A2021-089 • A2022-095 ATTACHMENTS: Attachment `A' — Draft Reference Plan Page 154 of 208 Attachment 'A' — Draft Reference Plan PLAN M PART SCHEDULE .......... �;� .......... T fe amo 0,q (0 01 111�� PARrz w-2,gio GRAOD 2,98 i$ PaRF se -retie' Lor PLAN OF SURVEY LOT 6 REGISTERED PLAN 395 CITY OF'IhCHENER REGIONAL MUNICIPALITY OF WATERLOO NTLGRATEO SURVEY WORMAMON CLMAMCNs M swb�nafls %00 M na KM ------------------ ---------------------------------- i�4p WN MC KECHNIE SURVEYING Page 155 of 208 Cy IALI 0-n Li Li of PWRI 1, 5W— iava 4, PLAN M PART SCHEDULE .......... �;� .......... T fe amo 0,q (0 01 111�� PARrz w-2,gio GRAOD 2,98 i$ PaRF se -retie' Lor PLAN OF SURVEY LOT 6 REGISTERED PLAN 395 CITY OF'IhCHENER REGIONAL MUNICIPALITY OF WATERLOO NTLGRATEO SURVEY WORMAMON CLMAMCNs M swb�nafls %00 M na KM ------------------ ---------------------------------- i�4p WN MC KECHNIE SURVEYING Page 155 of 208 VIA EMAIL 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 Srretet 6th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.re;gicmafwaterlacr.ca Peter Ellis 519-503-2536 D20-20/23 KIT January 4, 2023 Re: Comments for Consent Applications B2023-001 and B2023-004 Committee of Adjustment Hearing January 17, 2023 CITY OF KITCHENER B2023-001 204 Madison Avenue South Al Zahra Shia Association of Waterloo Region (Owners) / E. Wittman — GSP Group Inc. (Applicant) The owner/applicant is proposing an easement to facilitate installation of a new storm sewer as part of the redevelopment of 165 Courtland Avenue East, part of ongoing SPA File (SP20/064/C/ES). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Document Number: 4274318 Page 1 of 4 Page 156 of 208 Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. 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. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. B2023-004 550 King Street East 550 King Street GP Inc. (Owners) / D. Galbraith (Arcadis IBI Group — Applicant) The owner/applicant is proposing to sever the existing property into two parcels with the severed lands containing the existing commercial building and the retained lands to contain the future residential development project. The consent is also intended to establish an easement to allow for the shared use and access of the new surface parking area in favour of the severed parcel over the retained parcel. This application is also supported by two minor variance applications, seeking relief from the existing Zoning By-law relating to parking stalls, building height, and rear yard and front yard setbacks. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: At this location, the proposed development may encounter environmental noise sources due to traffic on the local municipal streets and potential stationary noise from the existing commercial uses and roof top air-conditioning units in the vicinity and any air- conditioning devices for the proposed development (both on-site and off-site). Staff also note that there are existing noise sensitive land uses in the vicinity (residential dwellings) which may have impacts from the proposed development. Document Number: 4274318 Page 2 of 4 Page 157 of 208 It is the responsibility of the applicant to ensure the proposed development does not have any environmental noise impacts by anticipated noise impacts both on-site and off-site. To address the environmental noise impacts, the applicant must prepare a detailed Environmental Noise Study and the recommendations will be implemented through a registered agreement with the City of Kitchener. The noise level criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The consultant who prepares the Environmental Noise Study must be listed on the Region of Waterloo's Approved List of Noise Consultants. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Region of Waterloo staff (please contact Joginder Bhatia ibhatiaCcDregionofwaterloo.ca ) will provide this data within three weeks of receiving the request from the noise consultant. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via (I„ s„//irmow,, eirmiitceirotirall..ca/Ifeirmiifl/Oira:��.�,:A,:a II irou IId :3 ). Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study and resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. In the event that a stationary noise source, and/or a vibration source, are/is identified as potential concerns, the applicant will be required to pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4000 + HST. Please submit payment for the third party review along with the submitted noise study. Additional fees may apply depending on scope of review required. Payment can be made either by cheque payable to the Region of Waterloo, or by contacting Ms. Peggy Walter (IfP111lr„ ire iionofwaterlloo,.ca)vja other methods. 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. 2) 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 a registered development agreement with Document Number: 4274318 Page 3 of 4 Page 158 of 208 the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study. 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 Senior Planner Document Number: 4274318 Page 4 of 4 Page 159 of 208 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ free( 14('56 (.)C)U 4/.;12 Fax;:,1 1) 021 4,S44 wwwgrandriver.ca Go n January 3, 2023 Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofAa,kitchener.ca Re: Consent Application B2023-001 204 Madison Avenue South, Kitchener RG Boyer Holdings Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for an easement to install a new storm sewer. Recommendation The GRCA has no concerns with the application in principle. Additional information is required in support of a GRCA permit. Documents Reviewed by Staff Staff have reviewed Schedule A and the survey (McKechnie Surveying, February 8, 2022) submitted with this application. GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. Information currently available at our office indicates that the subject lands contain Schneider Creek and its associated floodplain. We have no concerns with the revised Page 1 of 2 C ri'',) e i, oi,, r,,rv,'aIirraa ()rar arn:a, rprr s,,rlirar i r i o's 36 Cori,'errtirrra A i C, I i o r i r i t-, ih'ie aC,rrri(J A Canadian 4leric�,r e River Page 160 of 208 stormwater management (SWM) outlet in principle, assuming that its installation will restore existing grades. We previously reviewed Site Plan Application SP20-064-C-ES (for 165 Courtland Avenue East) and the supporting SWM report (GM BluePlan, September 2020). At that time, the SWM outlet was proposed via City infrastructure, and we deferred SWM comments to the City. Now that part of the development is discharging directly to Schneider Creek, the applicant must demonstrate that the contributing runoff meets GRCA criteria. Quantity control is already satisfactory, and Schedule A of the application confirms that the outlet will be above the 5 -year flood elevation. The applicant will need to submit a revised SWM report demonstrating how enhanced quality control is being achieved. Note that we only credit 50% total suspended solids removal to a standalone oil -grit separator. Additional design details of the new outlet, an erosion and sediment control / temporary works plan and a construction contingency plan will also be required in support of a GRCA permit. This is considered a major consent application. Consistent with GRCA's fee schedule, we will invoice the applicant the difference between the $1,140 fee and the $420 payment received for our review of the site plan ($720). A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or th eywood (a -),q rand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping cc: Eric Schneider, City of Kitchener Evan Wittmann, GSP Group Page 2 of 2 Page 161 of 208 'LO O N LU L yam-+ O cMiQ .�- '< O"6 ❑ c6 ❑ O ♦♦ /�� r(n6 > 0 vJ V N N ❑ ❑N O OO U Q ... N co Q �-' u o (D K a N m U TL--_ Q _ U C U N _ C N " Q: o Q N U Q -p 3 .� y Ip Q T J >N N�Q U O L T N � E m N LL Co ❑ W N U s N �' c O U i N N N N Q y o �- m m m -6c N Q Q �' Q: > Q: > W W W W C W W Q U) Un U U)O O F N N N N U B m co > IIIII ��ii N ' (�0 (�0 N N (0 IIII L O J J J J w N w Mo 00 oortm m e s ¢ m -,,2d a m o' a d 3 a 3 W m - c o` c a m> c c a E , c d s m9Q o`o a�0i oa T u 1 \ O y A Uo�yI N N ❑ Z III 'dji' / '� � ✓I.'/////II�1 ��%� //l i/ // ///�/jr /.��//j t�� � r/ / /�® � ii//�l% �'IVfa` ��/, I l iJ 1 //////%/% � ! �!,r� `ti �.� I � � / / / / r / ' 1, % //r , / � �J'/ r C ✓/// ,, / I No- I v �, ro i;F ��U I � �f � / � / (�/ ��� r / 'r/r✓ I ��/ � ��� /, Y( I / / ,lis f/� cli /i I v �i / � „ ✓ /i/ iV / /' / I�j From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 006 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 006 35 Colrall Crescent South 2023 007 30 161reiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 163 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 164 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 x7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 4, 2023 REPORT NO.: DSD -2023-040 SUBJECT: Minor Variance Applications A 2023-011, A 2023-0121 A 2023-013 and Consent Application B 2023-002 and B 2023-003 — 83, 87, and 97 Victoria Street North — KW Working Centre for the Unemployed — GSP Group RECOMMENDATION: A. That Minor Variance Application A2023-011 for 83 Victoria Street North requesting relief from the following sections of Zoning By-law 85-1: i) Section 17.2 to permit a lot width of 10.2 metres instead of the minimum required 16 metres; ii) Section 17.2 to permit a minimum side yard setback of 1.45 metres instead of the required 3.0 metres; iii) Section 17.2 to permit a minimum rear yard setback of 0 metres instead of the minimum required 7.5 metres; iv) Section 17.2 to permit a minimum facade height of 2.4 metres instead of the minimum required 6.0 metres; and v) Section 6.1.2 c) to permit a minimum parking rate of 0 parking spaces instead of the minimum required 1 parking space for every 15 square metres of floor area; to recognize the existing building, used as a Health Clinic, on the lot subject to Consent Application B2023-002, BE APPROVED. B. That Minor Variance Application A2023-012 for 87 Victoria Street North requesting relief from the following sections of Zoning By-law 85-1: i) Section 17.2 to permit a maximum setback to the street of 5.3 metres instead of the maximum 2.0 metres; ii) Section 17.2 to permit a minimum side yard setback of 0 metres instead of the minimum 3.0 metres; iii) Section 17.2 to permit a minimum rear yard setback of 0 metres instead of the minimum 7.5 metres; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 165 of 208 iv) Section 17.2 to permit a minimum facade height of 2.4 metres instead of the minimum 6.0 metres; and v) Section 6.1.2 c) to permit a minimum parking rate of 0 parking spaces instead of the minimum 3 parking spaces for a residential care facility and 1 parking space for every 3 staff; to recognize the existing building, used as a Residential Care Facility, on the lot subject to Consent Application B2023-003, BE APPROVED. C. That Minor Variance Application A2023-013 for 97 Victoria Street North requesting relief from the following sections of Zoning By-law 85-1: i) Section 17.2 to permit a minimum side yard setback of 0 metres rather than 3.0 metres; ii) Section 17.2 to permit a minimum rear yard setback of 0 metres rather than 7.5 metres; and iii) Section 6.1.2 c) to permit a minimum parking rate of 0 parking spaces rather than a minimum 3 parking spaces for a residential care facility and 1 parking space for every 3 staff; to recognize the existing building, used as a Residential Care Facility, on the lot as a result of lot additions proposed by Consent Applications B2023023-002 and B2023-003, BE APPROVED. D. That Consent Application B2023-002 requesting consent to allow for a lot addition from 83 Victoria Street North to be conveyed to the property municipally addressed as 97 Victoria Street North, BE APPROVED subject to the following conditions: 1. That Minor Variance Applications A2023-011, A2023-012 and A2023-013 receive final approval. 2. That the lands to be severed be added to the abutting lands, municipally addressed as 97 Victoria Street North 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. 3. 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. 4. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 5. That the property 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. 6. That the property 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 size paper copies of the plan(s). The digital Page 166 of 208 file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That the owner retains a qualified designer 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 address such items as: i) 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. ii) A building permit shall be applied for any remedial work/ upgrades that may be required by the building code assessment. E. That Consent Application B2023-003 requesting consent to allow for a lot addition from 87 Victoria Street North to be conveyed to the property municipally addressed as 97 Victoria Street North, BE APPROVED subject to the following conditions: 1. That Minor Variance Applications A2023-011, A2023-012 and A2023-013 receive final approval. 2. That the lands to be severed be added to the abutting lands, municipally addressed as 97 Victoria Street North 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. 3. 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. 4. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 5. That the property 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. 6. That the property 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 size paper copies of the plan(s). The digital Page 167 of 208 file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That the owner retains a qualified designer 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 address such items as: i) 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. ii) A building permit shall be applied for any remedial work/ upgrades that may be required by the building code assessment. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of the proposed consent applications for lot additions and associated minor variances applications to permit the creation of a new affordable housing project. • Community engagement included circulation of the application via mail, notification by way of the Record and signage placed on the property. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject properties, 83, 87 and 97 Victoria Street North are located near the intersection of Victoria Street North and Weber Street West with frontage on both Victoria Street North and Heit Lane. 83 Victoria Street North is currently developed with a community dental clinic, 87 Victoria Street North is currently developed with a residential care facility and 97 Victoria Street North is currently developed with a retail store and community kitchen. All three properties are owned and operated by the KW Working Centre for the Unemployed which operate as one "campus" providing shelter, social and health services. The existing development of the neighbourhood consists of commercial buildings, multiple dwellings, single detached dwellings, institutional buildings and industrial buildings. Lot sizes vary in width, depth, and area in this neighborhood. City Planning staff conducted a site inspection of the property on January 4, 2023. Page 168 of 208 1:IooVanarksllLBase qr Image 1 - Location Map: 83-97 Victoria Street North Image 2 — Existing buildings at 83-97 Victoria Street North Page 169 of 208 The applicant is proposing to create new transitional housing with 44 affordable rental housing units by adding a third floor addition to the existing building at 97 Victoria Street South and relocating the community kitchen to a new one -storey dining hall and community clinic on-site for counselling and recreation. The existing residential care facility at Victoria Street North and the existing community dental clinic at 83 Victoria Street North will remain and continue to provide additional accommodation and services. A formal Site Plan Application (SP22/167/V/CD) is currently being reviewed for this development at 97 Victoria Street North. The three properties are separate on title however they will continue to function as one "campus' where people can live safely and with dignity. The proposed campus combines housing, community, health, services and access to a wide range of supports. To facilitate the affordable housing project with ancillary services, two Consent Applications for lot additions are required to add lands from 83 and 87 Victoria Street North to 97 Victoria Street North to ensure lots lines are not going through existing and proposed buildings. As such the applicant is proposing to sever the rear portions of the lots of 83 and 87 Victoria Street North and convey those lands to 97 Victoria Street North (See image 3 below). The lands to be severed from 83 Victoria Street North and conveyed to 97 Victoria Street North are located in the rear of 83 Victoria Street North and have a width of 10.2 metres, a depth of 28 metres and an area of 284.6 square metres. The retained lands at 83 Victoria Street North will have a lot width of 10.2 metres, a depth of 17 metres and a lot area of 173.6 square metres. The lands to be severed from 87 Victoria Street North and conveyed to 97 Victoria Street North the have a width of 3.2 metres along Victoria Street North, a depth of 48 metres and an area of 908.1 square metres. The retained lands at 87 Victoria Street North will have a lot width of 27 metres, a depth of 20.1 metres and a lot area of 542.4 square metres. No new development is planned for 83 or 87 Victoria Street North at this time. Image 3 — Proposed Severance Sketch Page 170 of 208 Victoria St N 600 'IO2 zx.� 87 Vaca Ha St iM1 85 87 Vd ctoria. St. N vl' U.H. :St M10"Aw Rerainea Farceii 2 IF.—I I 1 a F-1 1 _..NftM.tR::"Mk. sa,rn tr�XC WkXXI:. Wh'.M`tlX�k': NNl�I"u'1P��� 5.—d I''aws:w'all. 'I fLK7W..4rtrnitdssm 1. 97 VYctr�wiaj ,Scsvam,L,,d t":.re 12 1;2EL4.wa"rsa' ? (Lam. Addlu- to 07 Viemur .) 'az` � �:�IDiEl9mn'i' 7 y n. i ana.a' 60.4 Heft rrti-. n Ln ''.... Adiiditlur-I Lawd 0—d Lay 'I"IVra� VVOilking Centre (200.5:."") 8, 3, 87, 97 Victoria trGet North, Lang. to B. S.,.,.d u-mAes» Image 3 — Proposed Severance Sketch Page 170 of 208 The subject properties are identified as `Urban Growth Centre' on Map 2 — Urban Structure and are designated `Innovation District' on Map 4 — Urban Growth Centre in the City's 2014 Official Plan. The properties are currently zoned `Warehouse District Zone (D-6) with Special Regulation 105R, Special Uses 116U and 403U Holding Provision 10H and 14T' in Zoning By-law 85-1 Minor variance applications are required for each property to legalize building fagade heights, setbacks and parking requirements. REPORT: Planning Comments Minor Variance Applications The applicant is requesting minor variances to the Warehouse District Zone (D-6) of By-law 85-1 for 83, 87 and 97 Victoria Street North to legalize building fagade heights, setbacks and parking requirements as a result of the lot additions which are required to facilitate the development of proposed affordable housing development and ancillary social services. The requested variances are as follows: A2023-011 (83 Victoria Street North, lands to be retained): The applicant is requesting relief from 17.2 of Zoning By-law 85-1, to permit: a) a lot width of 10.2 metres rather than 16 metres; b) a minimum side yard setback of 1.45 metres rather than 3.0 metres for the existing building c) a minimum rear yard setback of 0 metres rather than 7.5 metres for the existing building. d) A minimum fagade height of 2.4 metres rather than 6.0 metres for the existing building. Furthermore, the applicant is requesting relief from 6.1.2 c) of Zoning By-law 85-1, to permit a minimum parking rate of 0 rather than 1 for every 15 square metres for the existing Health Clinic. A2023-012 (87 Victoria Street North, lands to be retained): The applicant is requesting relief from 17.2 of Zoning By-law 85-1, to permit: a) a maximum setback to the street of 5.3 metres rather than 2.0 metres; b) a minimum side yard setback of 0 metres rather than 3.0 metres for the existing building c) a minimum rear yard setback of 0 metres rather than 7.5 metres for the existing building. d) A minimum fagade height of 2.4 metres rather than 6.0 metres for the existing building. Furthermore, the applicant is requesting relief from 6.1.2 c) of Zoning By-law 85-1, to permit a minimum parking rate of 0 rather than a minimum 3 parking spaces for a residential care facility and 1 parking space for every 3 staff. A2023-013 (97 Victoria Street North): The applicant is requesting relief from 17.2 of Zoning By-law 85-1, to permit: a) a minimum side yard setback of 0 metres rather than 3.0 metres b) a minimum rear yard setback of 0 metres rather than 7.5 metres. Furthermore, the applicant is requesting relief from 6.1.2 c) of Zoning By-law 85-1, to permit a minimum parking rate of 0 rather than a minimum 3 parking spaces for a residential care facility and 1 parking space for every 3 staff to permit the redevelopment of the subject lands with a residential care facility and ancillary uses. Page 171 of 208 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 lands are designated `Innovation District' (Map 4, Urban Growth Centre) in the City of Kitchener Official Plan. The Innovation District is characterized by a mix of high rise and medium residential, mixed use, institutional, commercial and office buildings and old large industrial buildings which either have been converted to loft style office, residential and other viable uses or have the potential to do so. This area of the city is expected to evolve and transform into a dense urban contemporary setting with continued growth in the high-tech industry coupled with the research office uses affiliated with the nearby post -secondary institutions. The primary uses permitted in the Innovation District include offices, particularly research and high-tech offices, institutional uses and residential uses. The requested variances to legalize existing site conditions, reduce rear yard setbacks and reduce the parking requirements for the existing and proposed affordable housing development and ancillary uses support the objects of the Innovation District. Staff is of the opinion that the intent of the Official Plan is maintained. General Intent of the Zoning By-law The subject lands are Zoned Warehouse District Zone (D-6) with Special Regulation 105R, Special Uses 116U and 403U Holding Provision 10H and 14T. The existing D-6 zone and special provisions permit the use of the subject lands for a residential care facilities with ancillary social service and health clinic uses. Side yard, lot width, and fagade height variances: The requested variances to legalize building setbacks, lot widths and fagade heights are existing conditions and are triggered as a result of the required lot additions. The lot additions are necessary for the redevelopment of the affordable housing project at 97 Victoria Street North as the proposed building cannot be constructed over multiple property lines. The variance to legalize the reduced lot width and variances for the reduced side yard building setbacks and reduced fagade heights of the existing buildings will continue to permit the health clinic at 83 Victoria Street North the residential care facility at 87 Victoria Street North and allow for the development of an affordable housing project at 97 Victoria Street which meet the general intent of the Warehouse District Zone. Rear yard variances: The requested variances for 0 metre rear yard setbacks are a result of the lot additions to facilitate the development at 97 Victoria Street North. The intent of rear yard setbacks is to provide an adequate buffer between buildings and adjacent properties. The three properties currently function as one site as a community social services campus and will continue to do so in the future. Adequate separation is met between existing and proposed buildings. Staff are of the opinion that the requested variances meet the general intent of the Zoning By-law. Parking variances: The intent of the required parking regulation is to provide for adequate vehicle storage on site. The proposed community campus envisions a transit -oriented, pedestrian first development that proposes 0 parking spaces for the subject lands at 83, 87 and 97 Victoria Street North. The subject lands are within 325 metres of the Central LRT ION Station and 425 metres of Kitchener City Hall LRT Ion Station. The Urban Growth Centre is to give pedestrian, cycling, and rapid transit modes of transportation the priority over vehicular circulation within the overall transportation system. Should users of the community campus require vehicular parking, off site parking is available at the city - Page 172 of 208 operated parking garages and surface lots located in close proximity the subject lands. Furthermore, the subject properties which are located in the City's downtown contains an established network of 2 -hour temporary on street parking for visitors and short term site users. Staff are of the opinion that the provision of a transit and active transportation oriented development within the Urban Growth Centre induces a reduced demand for vehicle storage and that any additional parking required parking storage can be provided in nearby city operated downtown parking garages and on street short term parking. Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Are the Effects of the Variances Minor? Staff is of the opinion that the effects of the variances are minor. The requested variances legalize existing site conditions and allow for an affordable housing development with 0 required parking spaces in the City's downtown. Planning staff do not expect any adverse impacts as a result of the requested variances, and therefore the effects can be considered minor. Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the variances are desirable for the appropriate development and use of the lands, building and/or structure. The proposed variances support the creation of an affordable housing project and ancillary support services and legalize existing site conditions. Planning Comments Consent Applications B2023-002, and B 2023-003: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: 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 this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 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 located within the City's delineated Urban Growth Centre (UGC), and within a Major Transit Station Area (MTSA) in the 2014 Kitchener Official Plan. In the City's OP on Map 2 — Urban Structure the lands appear within the MTSA circle for the Central Station. Urban Growth Centres plan to accommodate significant population and employment growth. and the severance applications 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. Page 173 of 208 Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Urban Growth Centre in the ROP. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has indicated that they have no objections to the proposed lot additions and provide additional ROP commentary with respect to natural heritage, servicing and noise in the attached Region of Waterloo comments. Planning staff are of the opinion that the severance applications conform to the Regional Official Plan. City's Official Plan (2014) The subject properties are identified as `Urban Growth Centre' on Map 2 — Urban Structure and are designated `Innovation District' on Map 4 — Urban Growth Centre in the City's 2014 Official Plan. Section 17.E.20.4 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding boundary adjustments and conveying additional lands to an abutting lot provided an undersized lot is not created. The proposed severance is in accord with this aspect of the plan and maintains the residential land use designation. Planning staff is of the opinion that the size, dimension and shape of the lots are result of the lot addition are suitable for the use of the lands and compatible with the surrounding neighbourhood, which is developed with commercial buildings, industrial buildings, institutional buildings, single detached, semi detached and multiple dwellings all 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. Zoning By-law The properties are currently zoned `Warehouse District Zone (D-6) with Special Regulation 105R, Special Uses 116U and 403U Holding Provision 10H and 14T' in Zoning By-law 85-1. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood. The subject lands all front onto a public street and full services are available for the lands. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The future use 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, that natural resources are conserved and that there are adequate services for the lands. 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. Environmental Planning Comments: Environmental Planning staff have no concerns. Heritage Planning Comments: The property municipally addressed as 97 Victoria Street North is listed as a property of cultural heritage value or interest on the Kitchener Municipal Heritage Register. A Heritage Impact Assessment (HIA) has been submitted as part of an active planning application for 97 Victoria Street Page 174 of 208 North and is currently under review. Heritage Planning staff have no concerns or issues with these applications. Building Division Comments: The Building Division has no objections to the proposed consent 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 maybe required by the building code assessment. Engineering Division Comments: Engineering staff have no concerns. Parks/Operations Division Comments: Parks and Operations staff have no concerns. Transportation Planning Comments: Transportation Services have no concerns with the proposed application given the context of the site and its uses, as well as the fact that there are loading bays provided for this site off Heit Lane, with an on-site barrier -free space, and several parking spaces located off-site. Region of Waterloo Comments: See Attachment A. Metrolinx Comments: See Attachment B. 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: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Page 175 of 208 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-laws 85-1 ATTACHMENTS: Attachment A — Region of Waterloo Comments Attachment B - Metrolinx Comments Attachment C — Concept Site Plan Page 176 of 208 1T/1_\01t•/_1II 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 Srretot 6th Floof Kitchener Ontario N2G 4A Canada Telephone;,: 519-575-4400 f TY: 519-575-4608 Fax: 519-575-4466 www.regionofwaterloo.ca Peter Ellis 519-503-2536 D20-20/23 KIT January 5, 2023 Re: Comments for Consent Applications B2023-002 and B2023-003 Committee of Adjustment Hearing January 17, 2023 CITY OF KITCHENER B2023-002 and B2023-003 83 and 87 Victoria Street North The Working Centre (Owners) / C. Pidgeon (GSP Group - Applicant) The owner/applicant is seeking approval of two consent applications to sever lot additions from both 83 and 87 Victoria Street North to be added to 97 Victoria Street North to facilitate the proposed "Working Centre 97 Victoria Campus" which will result in 44 supportive housing units. Three Minor Variance Applications are proposed to provide relief to the applicable Warehouse District D-6 zone that applies to all three properties at 83, 87 and 97 Victoria Street North. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 per consent application prior to final approval of the consent. Housing (Advisory Comments): The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. • 10 -Year Housing and Homelessness Plan Document Number: 4272912 Page 1 of 3 Page 177 of 208 o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. • Building Better Futures Framework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. Region of Waterloo Official Plan o Section 3.A (range and mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including supportive housing. Corridor Planning (Advisory Comments): Regional Staff have determined that the following Regional Corridor Planning items (e.g. Regional Road Dedication, access permit, stormwater management report, detailed grading plan, transit planning, and environmental noise) will be required / addressed under the current Site Plan Application (SPA22/167/V/CD). As a result, the following are advisory comments for reference and will not be required conditions for the consent applications: Regional Road Dedication: In this area, Regional Road No. 55 (Victoria Street North) has a designated road width of 26.213m (86ft) in accordance with Schedule `A' of the Regional Official Plan (ROP). The existing Victoria Street North right of way measures approximately 20.117 (66ft) at this location. The estimated road widening dedication along Victoria Street North is approximately 3.048m (1 Oft). While not a requirement of this proposed development concept, please be advised, that the road widening dedication may be required in the future to bring the Victoria Street North right of way up to the designated road width. Existing buildings along the Regional Road prohibit the road widening dedication being completed at this time. While the road widening dedication along Victoria Street North will be deferred to a future development proposal, the design concept shows a proposed building/structure that would encroach into the existing Victoria Street North right of way. Please be advised that all buildings and structures should be located entirely within private property, and must be outside of the future widened area. Access Permit/TIS/Access Regulation: If any road access / modifications are required for any vehicular access location(s) to Victoria Street North (Regional Road No. 55), a Regional Road Access Permit(s) would be required under the Site Plan application. The Regional Road Access Permit application can be found on the Region of Waterloo website: Document Number: 4272912 Page 2 of 3 Page 178 of 208 (httr)s://forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment-Forms/Commercial- Access-Permit-Application). There is a $230 fee associated with the application. Stormwater Management & Site Grading: A detailed Stormwater Management (SWM) Report and detailed grading plan will be required for Regional Staff review and approval. Transit Planning: Any transit requirements, for example landing pads or easements, may be required and will be determined at future development application stage. Environmental Noise: Any noise sensitive development on the subject lands will be impacted by the environmental noise from road, railway and any potential stationary noise (both on-site and off-site) sources in the vicinity. The applicants are responsible to ensure that the proposed development does not have any environmental noise impacts, both onsite and off-site. Addressing environmental noise concerns may be a potential site plan requirement. The Region has no objection to the proposed applications, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00 per consent application. 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 Senior Planner Document Number: 4272912 Page 3 of 3 Page 179 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 180 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 181 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 182 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 183 of 208 -�ALI ► I C101-4 ML - To: Kitchener Committee of Adjustments From: Farah Faroque, Intern Adjacent Developments GO Expansion - Third Party Projects Review - Metrolinx Date: January 4, 2023 Re: A 2023-011/A 2023-012/A 2023-013 /B 2023-002/ B 2023-003 — 83, 87, & 97 Victoria St IN, Kitchener Metrolinx is in receipt of the two (2) consent applications for 83 and 87 Victoria St N to facilitate the severence of Lot Additions from both 83/87 Victoria St N to be added to 97 Victoria St N. Metrolinx is also in receipt of the three (3) minor variance applications for 83, 87, and 97 Victoria St N to facilitate the "The Working Centre 97 Victoria Campus" including a three storey building, a new community kitchen and clinic. Metrolinx's comments on the subject application are noted below: The subject property is located within 300 meters of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Derel<.Brunelle@Metrolinx.com with questions and to initiate the registration process. o We understand that Metrolinx has previously requested that an environmental easement be registered as a condition of Site Plan Approval. Registration of the easement will be required prior to clearance of Site Plan Approval. (It should be noted that the registration process can take up to 6 weeks). If the process has not yet been initiated, please contact Derek.BruneIle@Metrolinx.com. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact me. Best regards, Farah Faroque Intern, Third Party Projects Review Metrolinx 20 Bay Street Suite 600, Toronto Page 184 of 208 -�ALI ► i ;I*] A Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. Page 185 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 006 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 006 35 Colrall Crescent South 2023 007 30 161reiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 186 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 187 of 208 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 17, 2023 SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 x7869 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 6, 2023 REPORT NO.: DSD -2023-042 SUBJECT: Minor Variance Application A2023-014 - 530 King Street East Minor Variance Application A2023-015 - 550 King Street East Consent Application B2023-004 - 530 and 550 King Street East RECOMMENDATION: A. That Minor Variance Application A2023-014 for 530 King Street E. (lands to be retained as per Consent Application B2023-004) requesting relief from the following sections of Zoning By-law 85-1: i) Section 54.2.1 to permit a rear yard setback of 1.7 metres instead of the minimum required 7.5 metres; ii) Special Regulation Provision 541 R to permit a building height of 32.5 metres instead of the maximum permitted 24 metres; and iii) Section 6.2.1 a) to permit a parking requirement of 22 parking spaces instead of the minimum required 60 parking spaces for the residential use; to facilitate the redevelopment of the lands with a 11 -storey residential building having 60 dwelling units, in accordance with Site Plan Application SP22/164/K/BB, BE APPROVED. B. That Minor Variance Application A2023-015 for 550 King Street E. (lands to be severed as per Consent Application B2023-004) requesting relief from the following sections of Zoning By-law 85-1: i) Section 54.2.1 to permit a side yard abutting a street of 0.17 metres instead of the minimum required 1.5 metres; ii) Section 54.2.1 to permit a rear yard setback of 1.2 metres instead of the minimum required 7.5 metres; and iii) Section 6.1.2 a) and Special Regulation Provision 285R of Zoning By-law 85-1 to permit a parking requirement of 0 spaces instead of the minimum required 32 parking spaces; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 188 of 208 to recognize the location of the existing commercial building to be located on lands to be severed proposed by Consent Application B2023-004, BE APPROVED. iv) That Consent Application B2023-004 requesting consent to sever a parcel of land having a lot width of 18.5 metres along Betzner Avenue North, a lot depth of 40 metres along King Street East and a lot area of 625.8 square metres and will contain an existing building, municipally addressed as 550 King Street East while the retained lot will have a lot width of 29.3 metres along Cameron Street North, a lot depth of 42.5 metres along King Street East and a lot area of 1,416.89 square metres and will municipally addressed as 530 King Street East., BE APPROVED, subject to the following conditions: 1. That Minor Variance Applications A2023-014 and A2023-015 receive final approval. 2. That the property owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the property 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. 4. That the property 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 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. 5. That the property owner enters into a Shared Parking Agreement with the City to be registered on title to the satisfaction of the City's Solicitor in consultation with the Director of Planning and Director of Transportation Services. 6. That the property owner provides a Servicing Plan showing outlets to the municipal servicing system to the satisfaction of the City of Kitchener's Director of Engineering Services. The property owner is responsible to implement the approved servicing design at their cost and to the satisfaction of the City of Kitchener's Director of Engineering Services. 7. That the property owner submits a Development Asset Drawing (digital AutoCAD) for the site (servicing, etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 8. That the property owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 9. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 10. That the property owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from Page 189 of 208 the property line to the street to the satisfaction of the City's Director of Engineering Services. 11. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 12. 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 a registered development agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study. REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of a proposed consent application and associated minor variance applications to permit the creation of a new lot for the development of an 11 storey multiple dwelling • Community engagement included circulation of the application via mail, notification by way of the Record and signage placed on the property. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is municipally known as 550 King Street East, Kitchener and legally as Lot 9, Plan 323; Part Lots 10-11, Plan 323; Part Lots1-2, Plan 100, Parts 1 & 2 Plan 58R6892, Parts 1 & 2 Plan 58R7308, except Part 3 Plan 58R12367; and Part Lots 1-3, Plan 100, Part 1 Plan 58R12168, except Part 4 Plan 58R12367; T/W 1456115 City of Kitchener. The subject property has approximately 74 metres frontage along King Street East; 30 metres along Cameron Street North, and 19 metres along Betzner Avenue North. There is currently a one -storey commercial building (currently vacant) at the corner of King and Betzner and a two-storey commercial building (cosmetic and beauty services) at the northern rear corner of the property, municipally addressed as 9 Cameron Street North. The remaining area was previously an asphalt parking area, serving both commercial buildings. However, this parking lot has been excavated as part of ongoing environmental remediation required for the issuance of a future RSC. Directly across King Street East (to the south) is a two and a half storey multiple dwelling residential building. Along King Street East, in both directions are more one and two storey buildings housing commercial and service provider establishments. To the north-west, on the opposite corner of Cameron Street North and King Street East is a small surface parking area, which provides some spaces for the Communauto (car sharing) service. To the south-west, at 471 - 495 King Street East is a new development of 488 residential rental units within two towers that rise from a four -storey podium which includes ground floor retail units and parking; known as the Drewlo Lifestyle Apartments. It is currently under construction. To the rear of the subject property (north and east), along Cameron Street North and Betzner Avenue North are two to three storey residential dwellings. The proposal is to re -develop the surface parking area with an 11 -storey residential building located close to King Street with surface and underground parking for 42 vehicles. The existing commercial building will remain and will share 20 of the proposed 42 spaces. To implement the plan, the applicant has filed Site Plan application SP22/164/K/BB in addition to Consent and Minor Variance applications that are the subject of this report. The Consent is required to separate the existing commercial building from the landholdings to secure financing for the re -development scheme. The Minor Variances are necessary to support the re -development plan together with setbacks and parking variances for the existing building created due to the proposed Consent. Page 190 of 208 Image 1 — 550 King Street E. Image 2 — Photo of 550 King Street E. Page 191 of 208 Image 3 — Proposed Severance Sketch & Site Development REPORT: The subject property is situated within a Major Transit Station Area of the City's Urban Structure. It is also located within the boundaries of the King Street East Secondary Plan Area. The subject property is designated as a `Mixed Use Corridor' and is also within `Special Policy Area 1 — King Street East', on Map 10 of the Secondary Plans. The Secondary Plans were not updated as part of the 2014 Official Plan and the area is subject to an ongoing Neighbourhood Planning Review. Under Zoning By-law 85-1, the majority of the subject property is zoned MU -2, 285R, 541 R with the rear commercial property (9 Cameron Street) being zoned MU -2, 541R, 401U, 15H. The MU -2 zoning is Medium Intensity Mixed Use Corridor and allows for a range of smaller retail, office and commercial uses as well as residential dwellings up to an FSR or 4.0. Regulation 285R requires a minimum of 32 parking spaces permits parking for the existing commercial building at 550 King Street E.; allows for a reduced parking setback of 0.0 metres to King Street East and 2.Om along Cameron Street North; and allows for angled parking space width of 2.5 metres. Special Regulation 541 R states the maximum building height shall be 7.5 metres within 16.0 metres of a residentially zoned property. As the proposed building is set back further than 16 metres from a residential property, the maximum building height is 24 metres. The additional specific provisions (401 U and 15H) applicable to the rear portion of the site restricts the use of the existing building at 9 Cameron to specified residential uses. This building will be demolished and holding provision will be lifted. Planning Comments Minor Variance Applications 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: Page 192 of 208 General Intent of the Official Plan Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors such as King Street. 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. New development shall be compatible with surrounding residential neighborhoods and will be of an appropriate height and density in relation to adjacent low rise residential development. In locations that immediately abut low rise residential land uses, new development shall be permitted having a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0. However, new development may be permitted to exceed this maximum Floor Space Ratio in locations which abut arterial or major collector roads, are well separated from low rise residential development and have adequate municipal infrastructure. In such cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0 and a maximum Floor Space Ratio of 4.0. In the opinion of staff, the proposed variances meet the intent of the Official Plan. The proposal is to re -develop the site with a 11 storey multiple dwelling that is both intensive and transit supportive, while keeping building massing and height away (ie. 30+/- metres) from low rise residential areas to mitigate any potential impacts. Moreover, this development will help to support existing commercial and retail uses in the area, including nearby food stores and the Kitchener Market. Given its location relative to a transit station stop and the designated downtown, the City's Official Plan encourages re -development of existing surface parking areas and supports parking reductions subject to providing Transportation Demand Management measures. General Intent of the Zoning By-law Reduction to Rear yard Setback; Increase in Building Height and Reduction in Parking (retained lands). Rear yard setbacks are generally intended to provide adequate separation between buildings and more sensitive uses. That would assume in this case that King Street would the front line. However, the front lot line is actually Cameron Street, making the rear yard the proposed lot line between the existing and proposed buildings. Under this circumstance, requiring a 7.5 metre setback would be counter -intuitive to design objectives of encouraging building facades and minimizing building openings along King Street. For this reason and the fact 1.7 metres is wide enough for access and maintenance purposes, staff is supportive of the rear yard reduction. The intent of the 24 metre building height is to ensure re -development along this section of King Street is sensitive to nearby low-rise residential areas. The proposed building height of 11 storeys (32.5 metres) is setback approximately 30 metres from residential land use, providing almost a 1 to 1 height to setback ratio. This ratio allows for both adequate separation and sensitive transition thereby mitigating impacts. Accordingly, staff is of the opinion the general intent of this zoning regulation is being maintained. The intent of parking regulations is to ensure adequate parking is provided on site to discourage spill over onto nearby streets. To justify a parking reduction, a Parking Justification study was submitted to the City's Transportation Planning for review. Given proximity to a transit station stop and major bus route, policies that support parking reductions in Major Transit Station Areas to encourage usage of public transit or alternate modes of transportation combined with a number of Transportation Demand Management measures being proposed such as indoor bicycle parking, unbundled parking, shared Page 193 of 208 parking arrangement etc., the parking reduction is acceptable to staff thereby meeting the general intent of the by-law. Reduction in a Side Yard Abutting a Street, Rear Yard and Parking (severed lands) Side yards abutting a street are for corner properties and are intended to ensure building setbacks are consistent along the streetscape. Since the variance is to recognize an existing building condition, staff has no concern with the request to legalize the setback. Rear yard setbacks are generally intended to provide adequate separation between buildings and more sensitive uses. That assumes King Street would the front line. However, the front lot line is actually Betzner Street, making the proposed lot line between the existing and proposed buildings the rear yard. Under this circumstance, requiring a 7.5 metre rear yard setback would be counter -intuitive to design objectives of encouraging building facades and minimizing building openings along King Street. For this reason and the fact 1.2 metres is wide enough for access and maintenance purposes, staff is supportive of the rear yard reduction. The intent of parking regulations is to ensure adequate parking is provided on site to discourage spill over onto nearby streets. To justify a parking reduction, a Parking Justification study was submitted to the City's Transportation Planning for review. Given proximity to a transit station stop and major bus route, policies that support parking reductions in Major Transit Station Areas combined with a number of Transportation Demand Management measures being proposed such as indoor bicycle parking, unbundled parking, shared parking arrangement etc., the parking reduction is acceptable to staff thereby meeting the general intent of the by-law. The key component with this request is a requirement for the owner to enter into a Shared Parking Agreement with the City to secure 20 of the proposed 42 spaces being created on the adjacent lands. The owner is proposing access over the adjacent land through a "blanket easement". Blanket easements do not require Consent approval. Staff is supportive of the parking variance subject to entering into a Shared Parking Agreement as a condition of approval. Are the Effects of the Variances Minor? Based on location, context, policy direction, urban design objectives, setback considerations and sensitive transition, Shadow Impact Analysis, recommendations of the Parking Justification Study, and existing conditions, staff is of the opinion that the effects of the variances are minor. Are the Variances Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The application is desirable and appropriate for the use of the property. The site is located within a Major Transit Station Area, along the King Street East corridor, and just beyond the boundaries of the Urban Growth Centre. The scale of the proposed building, including the proposed height, is appropriate for the site within this planning context. Planning Comments Consent Application B2023-004: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 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 Page 194 of 208 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 application will facilitate a form of intensification of that is compatible with the surrounding community and will make use of the existing infrastructure, public transit and roads. 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 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 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 in a Major Transit Station Area. The severance application will help make efficient use of existing infrastructure, roads, and public transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has indicated that they have no objections to the proposed consent and provide additional ROP commentary with respect to noise. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014). The subject property is situated within a Major Transit Station Area of the City's Urban Structure. It is also located within the boundaries of the King Street East Secondary Plan Area. The subject property is designated as a `Mixed Use Corridor' and is also within `Special Policy Area 1 — King Street East', on Map 10 of the Secondary Plans. The Secondary Plans were not updated as part of the 2014 Official Plan and the area is subject to an ongoing Neighbourhood Planning Review. Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors such as King Street. 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 the opinion of staff, the proposed consent to create a lot conforms with the Official Plan. The proposal is to re -develop the site with a 11 storey multiple dwelling that is both intensive and transit supportive, while keeping building massing and height away (ie. 30+/- metres) from low rise residential areas to mitigate any potential impacts. Moreover, this development will help to support existing commercial and retail uses in the area, including nearby food stores and the market. Given its location relative to a transit station stop and the designated downtown, the City's Official Plan encourages re -development of existing surface parking areas and supports parking reductions subject to providing Transportation Demand Management measures Page 195 of 208 Zoning By-law 85-1 Under Zoning By-law 85-1, the majority of the subject property is zoned MU -2, 285R, 541 R with the rear commercial property being zoned MU -2, 541R, 401U, 15H. The MU -2 zoning is Medium Intensity Mixed Use Corridor and allows for a range of smaller retail, office and commercial uses as well as residential dwellings up to an FSR or 4.0. Regulation 285R requires a minimum of 32 parking spaces permits parking for the existing commercial building; allows for a reduced parking setback of 0.0 metres to King Street East and 2.0 metres along Cameron Street North; and allows for angled parking space width of 2.5 metres. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and are similar in size to other lots along King Street East. The lands front onto a public street and full services are available for the lands to be severed and retained lands. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The future use 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 lots. 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. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The future use 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, that natural resources are conserved and that there are adequate services for the lands. 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. Environmental Planning Comments: No natural heritage issues. Tree Management Policy (shared ownership trees) AND street tree issues should be addressed as part of the SPA for the retained lands Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided a building permit for the new residential building is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. 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. Engineering Division 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. Page 196 of 208 • 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 christine.aoulet(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 Division Comments: Parkland dedication is addressed through the site plan application. Transportation Planning Comments: Based on the parking study submitted by Paradigm Transportation Solutions Ltd. In October 2022, Transportation Services can support the proposed parking rate (42 total spaces for 60 residential units and commercial space) and the shared use of 20 of the proposed 42 spaces between the commercial and residential uses. Grand River Conservation Authority Comments: No objections or concerns. Region of Waterloo Comments: Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: At this location, the proposed development may encounter environmental noise sources due to traffic on the local municipal streets and potential stationary noise from the existing commercial uses and roof top air-conditioning units in the vicinity and any air-conditioning devices for the proposed development (both on-site and off-site). Staff also note that there are existing noise sensitive land uses in the vicinity (residential dwellings) which may have impacts from the proposed development. It is the responsibility of the applicant to ensure the proposed development does not have any environmental noise impacts by anticipated noise impacts both on-site and off-site. To address the environmental noise impacts, the applicant must prepare a detailed Environmental Noise Study and the recommendations will be implemented through a registered agreement with the City of Kitchener. The noise level criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The consultant who prepares the Environmental Noise Study must be listed on the Region of Waterloo's Approved List of Noise Consultants. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the Page 197 of 208 purpose of preparing the Environmental Noise Study. Region of Waterloo staff (please contact Joginder Bhatia ibhatia(o)regionofwaterloo.ca ) will provide this data within three weeks of receiving the request from the noise consultant. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via(qj;s;lCirmow„ieirir�nilhceirnlhirall„ca/Ifeirmiit/Girou�Aipll�r Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study and resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. In the event that a stationary noise source, and/or a vibration source, are/is identified as potential concerns, the applicant will be required to pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4000 + HST. Please submit payment for the third party review along with the submitted noise study. Additional fees may apply depending on scope of review required. Payment can be made either by cheque payable to the Region of Waterloo, or by contacting Ms. Peggy Walter (Il ftg! ) via other methods. 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. 2) 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 a registered development agreement with the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study. 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: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 85-1 Page 198 of 208 VIA EMAIL 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 Srretet 6th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 f T Y: 519-575-4608 Fax: 519-575-4466 www.re;gicmafwaterlacr.ca Peter Ellis 519-503-2536 D20-20/23 KIT January 4, 2023 Re: Comments for Consent Applications B2023-001 and B2023-004 Committee of Adjustment Hearing January 17, 2023 CITY OF KITCHENER B2023-001 204 Madison Avenue South Al Zahra Shia Association of Waterloo Region (Owners) / E. Wittman — GSP Group Inc. (Applicant) The owner/applicant is proposing an easement to facilitate installation of a new storm sewer as part of the redevelopment of 165 Courtland Avenue East, part of ongoing SPA File (SP20/064/C/ES). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Notice of Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; Document Number: 4274318 Page 1 of 4 Page 199 of 208 Applicant has signed the Notice; Address and application type on the Notice match the rest of the application; and All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted, and may result in delayed approvals. 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. 2) That prior to final approval, the owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. B2023-004 550 King Street East 550 King Street GP Inc. (Owners) / D. Galbraith (Arcadis IBI Group — Applicant) The owner/applicant is proposing to sever the existing property into two parcels with the severed lands containing the existing commercial building and the retained lands to contain the future residential development project. The consent is also intended to establish an easement to allow for the shared use and access of the new surface parking area in favour of the severed parcel over the retained parcel. This application is also supported by two minor variance applications, seeking relief from the existing Zoning By-law relating to parking stalls, building height, and rear yard and front yard setbacks. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Environmental Noise: At this location, the proposed development may encounter environmental noise sources due to traffic on the local municipal streets and potential stationary noise from the existing commercial uses and roof top air-conditioning units in the vicinity and any air- conditioning devices for the proposed development (both on-site and off-site). Staff also note that there are existing noise sensitive land uses in the vicinity (residential dwellings) which may have impacts from the proposed development. Document Number: 4274318 Page 2 of 4 Page 200 of 208 It is the responsibility of the applicant to ensure the proposed development does not have any environmental noise impacts by anticipated noise impacts both on-site and off-site. To address the environmental noise impacts, the applicant must prepare a detailed Environmental Noise Study and the recommendations will be implemented through a registered agreement with the City of Kitchener. The noise level criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The consultant who prepares the Environmental Noise Study must be listed on the Region of Waterloo's Approved List of Noise Consultants. The noise consultant is responsible for obtaining current information, applying professional expertise in performing calculations, making detailed and justified recommendations, submitting the Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant preparing the Environmental Noise Study must contact Region of Waterloo staff for transportation data, including traffic forecasts and truck percentages, for the purpose of preparing the Environmental Noise Study. Region of Waterloo staff (please contact Joginder Bhatia ibhatiaCcDregionofwaterloo.ca ) will provide this data within three weeks of receiving the request from the noise consultant. The noise consultant preparing the Environmental Noise Study must submit the transportation data request online via (I„ s„//irmow,, eirmiitceirotirall..ca/Ifeirmiifl/Oira:��.�,:A,:a II irou IId :3 ). Please note that there is a $500 fee for the preparation of the traffic forecasts and review of the Environmental Noise Study and resubmission of any Transportation Noise Study may be subject to a $250 resubmission fee. In the event that a stationary noise source, and/or a vibration source, are/is identified as potential concerns, the applicant will be required to pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4000 + HST. Please submit payment for the third party review along with the submitted noise study. Additional fees may apply depending on scope of review required. Payment can be made either by cheque payable to the Region of Waterloo, or by contacting Ms. Peggy Walter (IfP111lr„ ire iionofwaterlloo,.ca)vja other methods. 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. 2) 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 a registered development agreement with Document Number: 4274318 Page 3 of 4 Page 201 of 208 the City of Kitchener to implement the conclusions and recommendations of the accepted Noise Study. 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 Senior Planner Document Number: 4274318 Page 4 of 4 Page 202 of 208 January 3, 2023 Marilyn Mills City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg ionofwaterloo.ca File No.: D20-20/ VAR KIT GEN (3) 12, STAUFFER WOODS SUBDIVISON 30T 08203 ACTIVA HOLDINGS (7) VAR KIT, 20 BREITHAUPT STREET 2184647 ONTARIO LIMITED (11, 12, 13) 55, 83 87 AND 93 VICTORIA STREET NORTH THE WORKING CENTRE (14,15) VAR KIT, 530 AND 550 KING STREET EAST ELEV8 PROPERTIES INCORPORATED Subject: Committee of Adjustment Meeting January 17, 2023 City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2023 - 001 — 18 Cambridge Avenue — No Concerns. 2) A 2023 - 002 — 44 Floyd Street — No Concerns. 3) A 2023 - 003 — 15 Stauffer Woods Trail — No Concerns. 4) A 2023 — 004 — 312 Duke Street East — No Concerns. 5) A 2023 - 005 — 549 Fairway Road South — No Concerns. 6) A 2023 - 006 — 35 Coral Crescent — No Concerns. 7) A 2023 - 007 — 30 Breithaupt Street — No Concerns. 8) A 2023 - 008 — 36 Orchard Park Crescent — No Concerns. 9) A 2023 - 009 — 126 Rolling Meadows Road — No Concerns. 10) A 2023 - 010 — 382 Zeller Drive — No Concerns. 11 ) A 2023 - 011 — 83 Victoria Street North — No Concerns. 12)A 2023 - 012 — 87 Victoria Street North — No Concerns. Document Number: 4268283 Page 1 of 2 Page 203 of 208 13) A 2023 - 013 — 97 Victoria Street North — No Concerns. 14)A 2023 - 014 — 530 King street East (retained) — No Concerns. 15)A 2023 - 015 — 550 King Street East (severed) — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require 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. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, a 1/0 Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener CoWcWitchener.ca 2 Page 204 of 208 �,6nd 11, Administration Centre: 400 y e Road, PC), Box /29 C crrr7hridge, U`d hd 113 `M6 4. Ph4: in(.'°::r PD 62 I 2/0 1 ToH free( I ^4E,' 6 (.)00 4/,,,12 Fax; 1) 021 4,S44 wwwgrar11C div r.ca Go n January 4, 2023 Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — January 17, 2023 Applications for Minor Variance A 2022-126 44 Rusholme Road A 2023-001 18 Cambridge Avenue A 2023-002 44 Floyd Street A 2023-003 15 Stauffer Woods Trail A 2023-004 312 Duke Street East A 2023-005 549 Fairway Road South A 2023-006 35 Coral Crescent A 2023-007 30 Breithaupt Street A 2023-008 36 Orchard Park Crescent A 2023-009 126 Rolling Meadows Drive A 2023-010 382 Zeller Drive A 2023-011 83 Victoria Street North A 2023-012 87 Victoria Street North A 2023-013 97 Victoria Street North A 2023-014 530 King Street East A 2023-015 550 King Street East Applications for Consent B 2023-002 83 Victoria Street North B 2023-003 87 Victoria Street North B 2023-004 530-550 King Street East via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not I'rrfefni ")ei' Irl C on(,,rv,u hon On :, rio, reprr senr7 ng C:.irrt,',�i ion's C)5 CCcrns. ',,rv,�ilion Auh orit.ie s I i h e C Irarr<d A Canadi<m � erit r7.)e River Page 205 of 208 subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Page 206 of 208 From: Johnston. Jeremiah (MTC) To: Committee of Adjustment (SM); Committee of Adjustment ,SM) Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Meeting Date: Thursday, December 22, 2022 1:33:00 PM Attachments: imaae001.Dna A 2023 005 imaae002.Dno 2023 007 imaae003.Dna 2023 008 imaae004.Dno 2023 009 imaae005.Dna 2023 010 imaae006.Dna 2023 011 imaae007.Dna A 2023 012 imaae008.Dna A 2023 013 imaae009.Dna Hello A11111slon, Phese properties fall outside of Ilii"'ICO Pelrimilt Colrntlroll AIrea, Ilii"'1FO has ino olhpectiiolrn to tIhese alplplliioatiions.. A 2023 001 18 Cambridge A 2023 002 44 IF:Iloyd Stireet 2023 003 15 Stauffer Woods Firaiill 2023 004..... 312 IDulke Stireet IEast A 2023 005 549 Fairway IRoad A 2023 005 35 Colrall Crescent South 2023 007 30 I Ireiithaulpt Stireet 2023 008 36 Orchard Park Crescent 2023 009 126 Rolling IMeadows Road 2023 010 382 Zeller IDiriive 2023 011 83 Victoria Stireet North A 2023 012 87 Victoria Stireet North A 2023 013 97 Victoria Stireet North A 2023 014..... 530 King Street I a t A 2023 015 550 King ng ireet IEast IEl 2023 001 204 IMadison Avenue South IB 2023 002 83 Victoria Stireet North 13 2023 003 8. Victolriia Street North IB 2023 004..... 530 550 King ng atlreet IE.:::.a t "Rhai nik you, 1C' reiiYnllah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11_3 M: (226)-980-6407 From: Committee of Adjustment (SM)<CommitteeofAdjustment@I<itchener.ca> Sent: December 21, 2022 3:37 PM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - January 17, 2023 Page 207 of 208 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, January 17, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to .:.........Ikiihin .sir,. no later than 12 noon on Monday, January 9, 2023 If you have no comments for the Committee's consideration, you do not need to respond to this email. Best, Page 208 of 208