HomeMy WebLinkAboutDSD-2023-230 - B 2023-010 & A 2023-037 - 709 Glasgow StreetStaff Report
KiT i .R
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 4, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: May 16, 2023
REPORT NO.: DSD -2023-230
SUBJECT: Minor Variance Application A2023-037
Consent Application B2023-010
709 Glasgow Street
RECOMMENDATION:
A. That Minor Variance Application A2023-037 for 709 Glasgow Street requesting relief
from Section 7.3, Table 7-1 of Zoning By-law 2019-051, to permit a minimum lot width
of 20 metres instead of the minimum required 24 metres, in accordance with drawings
prepared by Van Harten Survey Inc, dated January 18, 2023, BE APPROVED.
B. That Consent Application B2023-010 for 709 Glasgow Street requesting consent to
sever a parcel of land having a lot width on Glasgow Street of 20 metres, a lot depth
of 126 metres, and a lot area of 2851 square metres, generally in accordance with Plans
prepared by MHBC Planning, dated May 3, 2023, BE APPROVED subject to the
following conditions:
1. That Minor Variance Application A2023-037 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
.dgn (Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 5 of 312
5. That the Owner shall:
a) Remove all structures including the shed, the driveway, and the amour and
stone retaining walls from the Severed lands to the satisfaction of the City's
Supervisor, Development Applications.
b) That a Curb Cut Permit is obtained, and a new driveway is installed to provide
vehicular access to the existing dwelling on the Retained lands.
c) Prior to any site alteration, any removals of structures on the Severed lands in
accordance with 5. a) above, and the installation of a new driveway on the
Retained lands in accordance with 5. b) above, that the property owner shall
prepare a Tree Preservation and Enhancement Plan for the Severed and
Retained lands, 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 driveway
location, existing building, and/or proposed work zone, a landscaped area and
the vegetation to be preserved. No changes to the said plan shall be granted
except with the prior approval of the City's Supervisor, Site Plans.
d) That the property owner shall implement the Tree Preservation and
Enhancement Plan, prior to any tree removal, grading, servicing, or installation
of the driveway, the issuance of any demolition, building permits, and/or curb
cut permit to the satisfaction of the City's Supervisor, Site Plans.
6. That at the sole option of the City's Director of Planning, the Owner shall enter into
an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the
satisfaction of the City Solicitor and the City's Director of Planning, which shall
include the following:
a) That the owner shall prepare a Tree Preservation Plan for the Severed and
Retained lands, in accordance with the City's Tree Management Policy, to be
approved by the City's Supervisor, Site Plans, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone (which may require
approval of Minor Variance(s)), a landscaped area and the vegetation to be
preserved. If necessary, the plan shall include required mitigation and or
compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's
Supervisor, Site Plans.
7. That the property owner shall:
a) Complete a Building Code Assessment for the existing dwelling proposed to
be retained on the parcel of land, prepared by a qualified person, to confirm
that the proposed property line and any of the building adjacent to this new
property line complies with the Ontario Building Code, to the satisfaction of the
City's Chief Building Official. The assessment shall address items such as, but
not limited to, spatial separation of existing buildings' wall face, and shall
include recommendations such as closing in of openings pending spatial
separation calculation results.
Page 6 of 312
b) A Building Permit shall be obtained for any remedial work/ upgrades required
by the Building Code Assessment.
8. That the property owner shall make financial arrangements to the City of Kitchener
a cash -in -lieu contribution for park dedication equal to $11,862.00 of the value of
the lands to be severed.
9. That the property owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
10. That the property owner submits a Development Asset Drawing (digital AutoCAD)
for the site (servicing, SWM etc.) with corresponding layer names and asset
information to the satisfaction of the City's Director of Engineering Services, prior
to deed endorsement.
11. 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.
12. 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.
13. 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 the property line to the street to the satisfaction of the City's Director of
Engineering Services.
14. That, prior to deed endorsement, the property owner shall make financial
arrangements for the Consent Application Review Fee of $350.00 to the Region of
Waterloo.
15. That prior to deed endorsement, the owner/applicant shall submit a valid Section
59 notice.
16. That prior to final approval, an agreement between the Owner/Applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be registered
on title for both the severed and retained lands that includes the requirement for
the following noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, deeds, and lease/rental agreements:
Severed Lot:
A) The dwelling/building will be installed with a suitably sized and designed forced
air -ducted heating and ventilation system with the provision of central air-
conditioning at the occupant's discretion.
B) The following noise warning clauses will be included in the development
agreements, purchase and tenancy agreements and offers of purchase and
sale for the dwelling units:
Page 7 of 312
"Purchasers/tenants are advised that sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks".
"This unit has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo
and the Ministry of the Environment Conservation & Parks (MOECP)."
"Warning: Canadian National Railway Company or its assigns or successors in
interest has or have rights-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on
such rights-of-way in the future, including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures
in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way."
C) The Owner shall ensure that all noise attenuation measures required pursuant
to this Agreement are implemented and completed to the satisfaction of The
Regional Municipality of Waterloo and where applicable, incorporated in the
building plans for the dwelling unit on the Severed Lands prior to the Owner
requesting the issuance of any building permits. The Owner further agrees to
construct the dwelling unit on the Severed Lands in accordance with approved
plan(s) which incorporate all such required noise attenuation measures.
Retained Lot:
A) The following noise warning clauses will be included in the development
agreements, purchase and tenancy agreements and offers of purchase and
sale for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Municipality and the
Ministry of the Environment, Conservation and Parks".
"Warning: Canadian National Railway Company or its assigns or successors in
interest has or have a right-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on
such rights-of-way in the future including the possibility that the railway or its
assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures
in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way. "
Page 8 of 312
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of a consent application and associated
minor variance applications to permit the creation of a new lot for a single detached dwelling
that was deferred to the May 16, 2023, meeting.
• The applicant has considered the request by Committee and wishes to proceed with the original
application with revisions to the conceptual plan that shifts the available building footprint and
re -locate the driveway on the retained lands in an effort to improve tree savings.
• The key finding of this report is that staff supports the applications and recommends approval
with conditions as outlined in staff report DSD -2023-107 and this report.
• There are no financial implications.
• As the applications were deferred to the May 16, 2023, meeting, there was no need to re -
advertise.
• This report supports the delivery of core services.
REPORT:
Applications A2023-073 and B-2023-010 were originally heard at the March 16, 2023 Committee of
Adjustment meeting. The decision of the Committee was to defer these applications until May 16,
2023, to allow an opportunity for the applicant to explore alternatives to the lot configuration and the
location of the proposed building envelope on the severed parcel.
In response to the Deferral, MHBC Planning has submitted a letter dated May 3, 2023 (see
Attachment A). It outlines continued support of the minor variance and consent applications as
originally submitted but has modified the conceptual plan to now show a revised building envelope
to meet zoning requirements and a re -located driveway on the retained parcel to improve tree -saving
(see Figure 1 below). Staff supports the refinements and will work with the applicant to enhance any
tree saving opportunities through detailed plan submissions required by the conditions of approval
outlined in this report.
Page 9 of 312
CAASWW WNW°
Severance LEGEND DATE. Uly 8, 2023
Concept Plan Subjed L,andsl QM SCALE1: 7W
Lands to be sevwed: Z5WQW
(Option 2) L,ands to mmrmsin: 4,038A m2 FILE., 21 J
*Conceptual al Bud Envelope Subpd Craw Futum DIRAWNL GC
Approval under the "free Management Poky
709,Gtasgo,w Street
PI U 44 PI 793, Kfthew R 1,
- I VA 3 & f Pt Z!&— 1423 ,
Figure 1 — Conceptual Plan (Option 2), May 2023 (MHBC)
Page 10 of 312
Updated Regional comments were received post the finalization of the Planning Staff report for the
March 16, 2023, Committee meeting and were not included in their entirety in DSD -2023-107.
REGIONAL COMMENTS
The applicant is proposing to sever a parcel of land having a lot width of 20 metres along Glasgow
Street, a lot depth of 126 metres and a lot area of 2,581 square metres for a new single detached
dwelling. The lands to be retained will have a lot width of 26 metres along Glasgow Street, a lot
depth of 125 metres and a lot area of 4,043 square metres and will contain an existing single
detached dwelling addressed as 709 Glasgow Street.
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.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management Plan policies
implemented by the Region of Waterloo may apply. The owner/applicant must complete the
questionnaire on tt se//ta sere ionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Corridor Planning:
Environmental Noise:
The proposed severed and the retained lots are located within 200 metres (roughly 180m) of the CN
Railway and is anticipated to have impacts from transportation noise sources in the vicinity.
Therefore, in the absence of a detailed environmental noise study, the Region agrees to the following
noise attenuation measures implemented through a registered agreement with the City of Kitchener
for the severed and the retained lot:
Severed Lot:
A) The dwelling/building will be installed with a suitably sized and designed forced air -ducted
heating and ventilation system with the provision of central air-conditioning at the occupant's
discretion.
B) The following noise warning clauses will be included in the development agreements, purchase
and tenancy agreements and offers of purchase and sale for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks"
"This unit has been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level limits of the Region
of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP)."
"Warning: Canadian National Railway Company or its assigns or successors in interest has
or have rights-of-way within 300 metres from the land the subject thereof. There may be
alterations to or expansions of the railway facilities on such rights-of-way in the future,
including the possibility that the railway or its assigns or successors as aforesaid may expand
its operations, which expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). CNR will not be responsible for any
Page 11 of 312
complaints or claims arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way. "
Retained Lot:
A) The following noise warning clauses will be included in the development agreements, purchase
and tenancy agreements and offers of purchase and sale for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks"
"Warning: Canadian National Railway Company or its assigns or successors in interest has
or have a right-of-way within 300 metres from the land the subject thereof. There may be
alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may expand
its operations, which expansion may affect the living environment of the residents in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the
design of the development and individual dwelling(s). CNR will not be responsible for any
complaints or claims arising from use of such facilities and/or operations on, over or under
the aforesaid rights-of-way. "
The Region has no objection to the proposed application, subject to the following conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00 per consent application.
2) That prior to final approval, the owner/applicant submit a valid Section 59 notice.
3) That prior to final approval, an agreement between the Owner/Applicant and the City of Kitchener,
to the satisfaction of the Region of Waterloo, must be registered on title for both the severed and
retained lands that includes the requirement for the following noise mitigation and warning clauses
in all agreements of Offers of Purchase and Sale, deeds, and lease/rental agreements:
Severed Lot:
A) The dwelling/building will be installed with a suitably sized and designed forced air -ducted
heating and ventilation system with the provision of central air-conditioning at the
occupant's discretion.
B) The following noise warning clauses will be included in the development agreements,
purchase and tenancy agreements and offers of purchase and sale for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks"
"This unit has been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound level limits of the
Region of Waterloo and the Ministry of the Environment Conservation & Parks (MOECP). "
Page 12 of 312
"Warning: Canadian National Railway Company or its assigns or successors in interest
has or have rights-of-way within 300 metres from the land the subject thereof. There may
be alterations to or expansions of the railway facilities on such rights-of-way in the future,
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment of the residents
in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way. "
Retained Lot:
A) The following noise warning clauses will be included in the development agreements,
purchase and tenancy agreements and offers of purchase and sale for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks"
"Warning: Canadian National Railway Company or its assigns or successors in interest
has or have a right-of-way within 300 metres from the land the subject thereof. There may
be alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment of the residents
in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way. "
City Plannina Comments:
City staff recommends that the following clause also be inserted into the agreement, to apply to the
Severed Lot, to advise that where noise attenuation measures are required through building permit
application, that the Owner is responsible to ensure these are implemented where Ontario Building
Code cannot require noise attenuation measures.
"The Owner shall ensure that all noise attenuation measures required pursuant to this Agreement
are implemented and completed to the satisfaction of The Regional Municipality of Waterloo and
where applicable, incorporated in the building plans for the dwelling unit on the Severed Lands prior
to the Owner requesting the issuance of any building permits. The Owner further agrees to construct
the dwelling unit on the Severed Lands in accordance with approved plan(s) which incorporate all
such required noise attenuation measures."
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 13 of 312
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2023-107
• 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 2019-051
ATTACHMENTS:
Attachment A — MHBC Letter of May 3, 2023
Page 14 of 312
Staff Report
KiT i .R
Development Services Department www.kitchener.co
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 21, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Ben Brummelhuis, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: March 15, 2023
REPORT NO.: DSD -2023-107
SUBJECT: Minor Variance Application A2023-037
Consent Application B2023-010
709 Glasgow Street
RECOMMENDATION:
Zoning By-law 2019-051
A. That Minor Variance Application A2023-037 for 709 Glasgow Street requesting relief
from Section 7.3, Table 7-1 of Zoning By-law 2019-051, to permit a minimum lot width
of 20 metres instead of the minimum required 24 metres, in accordance with drawings
prepared by Van Harten Survey Inc, dated January 18, 2023, BE APPROVED.
B. That Consent Application B2023-010 requesting consent to sever a parcel of land
having a lot width of 20 metres, a lot depth of 126 metres, and a lot area of 2851 square
metres, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2023-037 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 .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
Standards to the satisfaction of the City's Mapping Technologist.
5.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 15 of 312
a) That all structures including the shed, the driveway, and the amour and stone
retaining walls be removed from the severed lands to the satisfaction of the City's
Supervisor, Development Applications.
b) That a Curb Cut Permit is obtained and new driveway is installed to provide
vehicular access to the retained lands.
i) Prior to any removals of structures on the severed lands, the installation of
a new driveway on the retained lands, any site alternation and issuance of
curb cut permit, that the property owner shall prepare a Tree Preservation
and Enhancement Plan for the retained lands, 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 driveway location, existing building, and/or
proposed work zone, a landscaped area and the vegetation to be
preserved. No changes to the said plan shall be granted except with the
prior approval of the City's Supervisor, Site Plans.
ii) That the property owner shall implement the Tree Preservation and
Enhancement Plan, prior to any tree removal, grading, servicing, or
installation of the driveway, the issuance of any demolition, building
permits, and/or curb cut permit to the satisfaction of the City's Supervisor,
Site Plans.
6. That at the sole option of the City's Director of Planning, the Owner shall enter into
an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the
satisfaction of the City Solicitor and the City's Director of Planning, which shall
include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and
retained lands, in accordance with the City's Tree Management Policy, to be
approved by the City's Supervisor, Site Plans, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance
of building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone (which may
require approval of M inor Variance(s)), a landscaped area and the vegetation
to be preserved. If necessary, the plan shall include required mitigation and
or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's
Supervisor, Site Plans.
7. That the property owner shall:
a) Complete a Building Code Assessment for the existing dwelling proposed to
be retained on the [severed or retained] parcel of land, prepared by a qualified
person, to confirm that the proposed property line and any of the building
adjacent to this new property line complies with the Ontario Building Code, to
the satisfaction of the City's Chief Building Official. The assessment shall
address items such as, but not limited to, spatial separation of existing
buildings' wall face, and shall include recommendations such as closing in of
openings pending spatial separation calculation results.
Page 16 of 312
b) A Building Permit shall be obtained for any remedial work/ upgrades
required by the Building Code Assessment.
8. That the property owner shall make financial arrangements to the City of Kitchener
a cash -in -lieu contribution for park dedication equal to $11,862.00 of the value of
the lands to be severed.
9. That the property owner provides a servicing plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering
Services.
10. That the property owner submits a Development Asset Drawing (digital
AutoCAD) forthe site (servicing, SWM etc.) with corresponding layer names and
asset information to the satisfaction of the City's Director of Engineering
Services, prior to deed endorsement.
11. 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.
12. 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.
13. 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 ownerwill need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer
from the property line to the street to the satisfaction of the City's Director of
Engineering Services.
14. That, prior to deed endorsement, the property owner shall make financial
arrangements for the Consent Application Review Fee of $350.00 to the Region
of Waterloo.
15. That prior to deed endorsement, the owner/applicant shall submit a valid
Section 59 notice.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend approval of a consent application and associated
minor variance applications to permit the creation of a new lot for a single detached dwelling.
• The key finding of this report is that requested minor variance meets the four tests of the
Planning Act and requested severance meets the criteria 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 placed on the property.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 709 Glasgow Street and has been developed with a single
detached dwelling. The lot is approximately 4,043 square metres in area and is bound by Glasgow
Street to the north and existing residential properties to the east and west. The surrounding
neighbourhood consists of wooded lots and a mix of lot sizes.
Page 17 of 312
Figure 1 — Ariel Photo of the Subject Site
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 Zone 1 (RES -1)' in Zoning By-law 2019-051.
The purpose of the application is to facilitate the severance to create one lot for a single detached
dwelling while the retained lot will maintain an existing single detached dwelling.
Staff visited the subject property on March 1, 2023.
Page 18 of 312
r, y
Figure 2 — Photo of Subject Property
Figure 3 — Photo of Subject Property
Page 19 of 312
REPORT:
Planning Comments Minor Variance Application A2023-037:
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' on Map 3 — Land Use. The intent of the
Low Rise Residential designation is to permit a variety of low-density residential uses and lot sizes
with an emphasis on compatibility with the surrounding neighbourhood. The minor variance will
facilitate creation of a new lot that will obtain the existing land use designation and promote the
construction of a new dwelling similar to the surrounding neighbourhood. Staff is of the opinion that
newly created lot will facilitate an appropriate use that provides a mix of residential uses, that is
comparable to other structures within the surrounding neighbourhood and the intent of the Official
Plan will be maintained.
General Intent of the Zoning By-law
The intent of the 24 metre lot width is to ensure there is adequate space for side yard setbacks,
buildable area, minimal impacts to abutting properties, and sufficient lot size. Given that the reduction
in the minimum lot width is 4 metres less than the minimum and allows for the appropriate side yard
setbacks, buildable area to exist within the newly created lot and poses no impacts to the ability to
develop the adjacent lot, and sufficient in size, staff is of the opinion that a reduction from 24 metres
to 20 metres in lot width is appropriate and meets the intention of the regulation.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variances are minor in nature. The reduction of the lot width is considered minor
as it does not prohibit the function of other regulations, provide adequate buildable area, and impose
any impacts on abutting property's ability to develop in the future. Therefore, staff is of the opinion
that the requested variance is minor in nature as it does not prohibit the function of side yard
setbacks, buildable area, impact adjacent property's ability to develop in the future, and the current
property.
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 variance will facilitate the
severance of a lot that is similar in shape and size to the surrounding neighbourhood. The requested
variance is not expected to impact any of the abutting properties or the surrounding neighbourhood
as it maintains a similar lot width to properties that is sufficient in size and maintains the existing
wooded lot distinctions. Staff is of the opinion that the requested variance will be appropriate for the
creation of a new lot and use of land that is coherent with the intention of the Official Plan and Zoning
By-law.
Planning Comments Consent Application B2023-010:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
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
Page 20 of 312
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of new lot for a future dwelling unit that is
compatible with the surrounding community and will make use of the existing infrastructure. No new
public roads would be required for the proposed development. Planning staff is of the opinion that
this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the City's delineated built up area. The proposed development
represents intensification and will contribute towards achieving the City's intensification density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that a future development proposal will
conform 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. A future proposed
development will conform to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical
infrastructure and community infrastructure to support the proposed residential development,
including transportation networks, municipal drinking -water supply and wastewater systems, and a
broad range of social and public health services. 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. 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 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.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
"17.E.20.5 Applications for consent to create new lots will only be granted where
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
Page 21 of 312
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
C) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent properties."
The proposed lot area and lot width of the retained lot exceed the minimum RES -1 zone lot area and
width requirements. The proposed lot area of the severed lot exceeds the minimum RES -1 zone lot
area requirement. The proposed width of the severed lot is less than the minimum 24 metres and
does not prohibit the functions and intentions of the RES -1 zone for lot width. 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 are compatible with the surrounding neighbourhood which is developed with a mix of residential
uses, 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 severance conforms with the City of
Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned as `Low Rise Residential One Zone (RES -1)' in Zoning By-law 2019-
051.The proposed lot size and setbacks will comply with the Council approved RES -1 Zone;
however, a variance is required to permit a minimum lot width of 20 metres rather than the minimum
24 metres. Discussion is provided in the minor variance section of this report, and in summary staff
are supportive of the requested variances.
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. Planning staff is of the opinion that the size, dimension and shape of the proposed lots
are suitable for the use of the lands and compatible with the surrounding community. There are
existing schools within the neighbourhood. Staff is further of the opinion that the proposal is
consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to
the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest.
Environmental Planning Comments:
The tree management study, included as part of the Planning Justification Report, was reviewed by
Staff. The purpose of the study at this stage in the application process was to inventory the trees
and vegetation and demonstrate that there is a suitable building envelope. Staff is satisfied with the
study at this stage and note that there is a suitable building envelope on the property, not necessarily
in the location as shown on the sketch for severance. At such time as development plans are known
for the severed parcel, the Tree Management Plan will be required to be updated prior to any site
alteration and building permit issuance. Staff will be reviewing the updated Tree Management Plan
Page 22 of 312
to ensure minimal impacts to trees and or vegetation on the severed parcel. As noted, this may
require the proposed new building to be placed in an alternative location than shown on the sketch
for severance. The proposed building location may also require Minor Variance(s); i.e front yard
setback, depending on where it is proposed to be located on the severed parcel.
As a requirement of the consent application staff recommend the following conditions:
1.
a) That all structures including the shed, the driveway, and the amour and stone retaining walls
be removed from the severed lands to the satisfaction of the City's Supervisor, Development
Applications.
b) That a Curb Cut Permit is obtained and new driveway is installed to provide vehicular access
to the retained lands.
Prior to any removals of structures on the severed lands, the installation of a new
driveway on the retained lands, any site alternation and issuance of curb cut permit,
that the property owner shall prepare a Tree Preservation and Enhancement Plan for
the retained lands, 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 driveway location,
existing building, and/or proposed work zone, a landscaped area and the vegetation
to be preserved. No changes to the said plan shall be granted except with the prior
approval of the City's Supervisor, Site Plans.
ii) That the property owner shall implement the Tree Preservation and Enhancement
Plan, prior to any tree removal, grading, servicing, or installation of the driveway, the
issuance of any demolition, building permits, and/or curb cut permit to the satisfaction
of the City's Supervisor, Site Plans.
2. That at the sole option of the City's Director of Planning, the Owner shall enter into an agreement
with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor
and the City's Director of Planning, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands,
in accordance with the City's Tree Management Policy, to be approved by the City's
Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing,
tree removal or the issuance of building permits. 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 further agrees to implement the approved plan. No changes to the said plan shall
be granted except with the prior approval of the City's Supervisor, Site Plans.
Heritage Planning Comments:
Heritage Planning has no concerns.
Building Division Comments:
Building Division has no concerns with the minor variance application.
The Building Division has no objections to the proposed variance provided building permit for the new
single detached dwelling is obtained prior to construction. Please contact the Building Division at
building _kitc ener.ca with any questions.
Page 23 of 312
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 has no concerns with the minor variance application.
Engineering has the following comments with respect to the application for consent.
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service this
property, all prior to severance approval. Our records indicate sanitary, storm and water
municipal services are currently available to service this property. Any further enquiries in this
regard should be directed to eric.riek kitc ener.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:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot
will be created. The cash -in -lieu dedication required is $11,862. Park Dedication is calculated at
5% of the new development lots only, with a land valuation calculated by the lineal frontage of
20.11 m at a land value of $36,080 per frontage meter with a per unit cap of $11,862.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Region of Waterloo Comments:
The applicant is proposing to sever a parcel of land having a lot width of 20 metres along Glasgow
Street, a lot depth of 126 metres and a lot area of 2,581 square metres for a new single detached
dwelling. The lands to be retained will have a lot width of 26 metres along Glasgow Street, a lot
depth of 125 m and a lot area of 4,043 square metres and will contain an existing single detached
dwelling addressed as 709 Glasgow Street.
Page 24 of 312
Regional Fee (Advisory Comments):
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.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management Plan policies
implemented by the Region of Waterloo may apply. The owner/applicant must complete the
questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
The Region has no objection to the proposed application, subject to the following conditions:
1. That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00 per consent application.
2. That prior to final approval, the owner/applicant submit a valid Section 59 notice.
Updated Region of Waterloo comments/conditions will be provided under separate cover.
The Ministry of Transportation Comments:
The Ministry of Transportation (MTO) has no requirement for this application. The subject property
is located beyond MTO limits of permit control and therefore MTO review, acceptance and permits
will not be required.
Grand River Conservation Authority (GRCA) Comments:
The GRCA has no concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
• 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 2019-051
ATTACHMENTS: Attachment A — Planning Justification Report
Page 25 of 312
May 3, 2023
Brian Bateman, Tina Malone Wright
Committee of Adjustment Coordinator
City of Kitchener -Planning Division
P.O. Box 1118
Zoo King Street West, 6th Floor
Kitchener, ON
N2G 4G7
KITCHENER
WOODBRIDGE
LONDON
KINGSTON
BARRIE
BURLINGTON
Dear Mr. Bateman/Ms. Malone -Wright via e-mail
RE: Consent Applications for Severance and Minor Variance (File #'s B2023-Olo & A2023-037)
log Glasgow Street,
Kitchener
OUR FILE #21208A
In response to the deferral of the above noted application by the Committee of Adjustment, we have
reviewed the comments by the public and considered discussion by members of the community and
Committee members. Our clients have carefully considered alternatives to the proposed severance
plan including the recommendation by Committee of Adjustment members to explore potential to
create a flag -shaped lot whereby the new home is situated closer to Glasgow Street in front of the
existing house within the front yard of the existing house. The following is intended to summarize the
rationale for maintaining the original proposal as the most viable option for the creation of a new lot
for the purposes of permitting a building lot for single -detached residential development subject to
minor adjustments that will be made in consideration of existing tree and grading conditions including
reconfiguration of the driveway for the retained lot which will curve around an existing tree stand.
PROVINCIAL PLANNING POLICY FRAMEWORK
The Provincial Policy Statement (PPS) and A Place to Grow provide direction for guiding development
in a waythat supports economic prosperity, protects the environment and helps communities achieve
a high quality of life by setting out areas where intensification should occur, prioritizing settlement
areas and more particularly within delineated built up areas. In this regard, the lands are located
within a delineated built up area with full municipal services and accordingly meet the intention of
the PPS and A Place to Grow.
Page 26 of 312
REGIONAL OFFICIAL PLAN AND CITY OF KITCHENER OFFICIAL PLAN
In 2003, Regional Council adopted the Regional Growth Management Strategy (RGMS) which provides
a common vision for the future growth of Waterloo Region. As part of the RGMS, the Region has been
planning in an integrated, cross -departmental wayto meetthe needsof a growing population. Through
the adoption of the RGMS, Regional Council identified reurbanization as a cornerstone to the
sustainable growth of this community. The intent of reurbanization isto direct new residential and non-
residential development into targeted areas within the built-up area to slow the rate of expansion into
the peripheral greenfield lands. In doing so, the community can make better use of existing urban
people to live and work and by improving access to essential human services and programs. The
creation of an additional building lot within the built up area will assist in meeting the Region's
growth targets for residential development.
The City of Kitchener Official Plan was adopted in 2014 through the approval of Official Plan
Amendment 103. The 2014 Official Plan establishes a community structure and identifies the subject
lands as being within Community Area in the Urban Structure of the City of Kitchener. Residential
development is permitted within Community Areas as per Section 3.C.2.50. Policy 3.C.2.51 provides
that areas within the Community Area structure will include Low Rise Residential land uses and further
Policy 3C2.52 provides that limited intensification may be permitted within Community Areas subject
to being sensitive and compatible with the character, form and planned function of the surrounding
context. The lands are designated Low Rise Residential as identified on Map 3 of the City's Official Plan
which permits single -detached residential development in accordance with zoning bylaw
requirements. In this regard, both the existing and proposed lots more than meet the zoning by-law
requirements for lot size and are in keeping the residential character of the surrounding
neighbourhood. The proposed consent application will result in a new residential building lot capable
of supporting new residential development (i.e. a unit) in a designated built up area with approved
zoning and designation in an official plan that permits this type of development. In addition, Map 6 of
the City's Official Plan (attached ) identifies areas having Natural Heritage features, detailed mapping
and criteria for which were identified through the City of Kitchener Natural Heritage System
Background Study. No Natural Heritage Features have been identified on the property and
accordingly the proposed development is in keeping with the Regional Official Plan and City of
Kitchener Official Plan.
PURPOSE OF SEVERANCE
The owners of the property, John and Susan Gallivan have resided on the propertyfor 17 years and have
maintained, respected and enjoyed the property and neighbourhood during this time. The owner's
intention is to create their final home for retirement purposes in order to continue to enjoy the special
qualities and tranquil setting of their property including the trees and affiliated natural environment
offered within this urban environment.
CONSIDERATIONS FOR ALTERNATIVE LOT CONFIGURATIONS
The proposed newly created lot configuration has been carefully considered with respect to meeting
the intention of the zoning by-law thereby reducing the requirement for additional minor variances
such that only a variance for the lot width from 24 metres to 20 metres is required. The new lot will
have 2,581 m2 of lot area while the retained parcel will have 4,043 m2 of lot area while the zoning bylaw
requires a minimum lot area of 929 m2. Both the severed and retained lots more than meet the size
requirements of the zoning bylaw and are in keeping with lot sizes within the neighbourhood.
0�
Page 27 of 312
Consideration of a flag -shaped lot whereby the newly created building envelope would sit in the front
yard of the existing house is not supported by City staff and is not in keeping with existing lotting
pattern (attached) and character of this well-established neighbourhood. The flag -shaped lot proposal
would also negatively impact the front yard of the existing house. Inaddition, while no trees are located
on this portion of the property, the grading and drainage conditions of the property would not lend
itself to making this a viable option as the front yard area is a low point and not suitable for construction
purposes. As well, the owners would not be able to enjoy the valuable asset of a backyard setting that
currently exists where the building envelope is proposed on the severed parcel.
CONSIDERATION FOR TREE REMOVALS
The existing property contains well over 300 trees, the majority of which will not be affected by the
creation of a lot for residential development. The provision of a Tree Management Plan that will be
refined through the development process and required as a condition of the severance is intended to
ensure the retention and maintenance of as many trees as possible pending final decisions on house
design, final orientation and location of the house and grading considerations. The intention of the
owners is to maintain the valuable nature of the property and enjoy the continued use of the property
for their own retirement. It is a unique property deserving of preservation of its unique natural setting
to the extent possible within an urban environment such that the property can continue to be enjoyed
in the future. In addition, the owners intend to supplement any tree removals required to facilitate
construction of their final home with appropriate landscaping and additional tree plantings.
SUMMARY AND CONCLUSIONS
Preference is for lot creation as originally proposed with minor adjustments to proposed
driveway location for retained lands to curve around existing tree stand and provide flexibility
of proposed building envelope for the severed lands to minimize removal of trees and
adjustment to existing grades as much as possible, pending final building design and approval
of Tree Management Plan;
• The proposal is consistent with Provincial, Regional and City Policies for lot creation;
The minor variance for a reduction in lot width required to facilitate the creation of a new lot is
considered minor;
• City of Kitchener staff are in support of the severance plan subject to conditions;
• Proposed conditions of the severance will adequately address tree removals, grading, drainage
and the intent of the City's Zoning By-law regulations regarding building setbacks.
�0 'I'll,
Dan Currie, MA, MCIP, RPP
Partner
cc. John Gallivan, Susan Homer, Jeff Buisman
Nicolette van Oyen, BES, MCIP, RPP
Senior Planner
Page 28 of 312
GLASGOW STREET
Severance
Concept Plan
(Option 2)
709 Glasgow Street
Pt Lt 44 PI 793 Kitchener Pt 1,
58r-12693 & Pt 2, 58r-1423; Kitchener
LEGEND
Subject Lands 6,619m2
Lands to be severed: 2,580.9m'
Lands to remain: 4,038.1 m2
*Conceptual Building Envelope Subject to Future
Approval under the Tree Management Policy
DATE: May 8, 2023
SCALE: 1: 750 0
c
FILE: 21208A
DRAWN: GC
10 1.1.7. GLASGMV P\CP2 MAYS -.DWG
City of Kitchener
Official Plan Map 6:
Natural Heritage
System
709 Glasgow Street
Pt Lt 44 PI 793 Kitchener Pt 1,
58r-12693 & Pt 2, 58r-1423; Kitchener
LEGEND
ii Subject lands
Natural Heritage System
Kitche
er Core
Natural Heritage Features
Significant Wildlife Habitat
-- ., and Significant Landforms
fl. Ecological Restoration Areas
Region Core
Environmental Features
- Stream - Ecological Restoration
Stream
Area Under Deferral
DATE: April 27, 2020
SCALE: NTS
FILE: 21208A
DRAWN: GC
Neighbourhood LEGEND
Lotting Plan Subject Lands 6,619m'
Lot A: Lands to remain: 4,038.1 ml
Lot B: Lands to be severed: 2,580. 9M2
709 Glasgow Street
Pt Lt 44 PI 793 Kitchener Pt 1,
58r-12693 & Pt 2, 58r-1423; Kitchener Source: Air Photo retrieved from Region of Waterloo (c) 2020, Parcels (c) King's Printer,
2022
DATE: November 28, 2022
SCALE: 1: 4,000 0
c
FILE: 21208A
DRAWN: CCF
K'. \21203A-709 GLASGOVARPT\NEIGHRDURHDOD LDTTING PLAN. DWG
PLANNING
JUSTIFICATION
REPORT
Consent to Sever a Residential Lot
709 Glasgow Street
City of Kitchener
Date:
January 3, 2023
Prepared for:
John Gallivan and Susan Homer
Our File: 21208'A'
u0000i00000
IU�uuui mi o0o Can,
i tenmts
1.0 INTRODUCTION.........................................................................................................................1
2.0 CONTEXT....................................................................................................................................3
2.1 Site................................................................................................................................................
3
2.2 Surrounding Land Uses.................................................................................................................4
2.3 Background...................................................................................................................................4
3.0 DESCRIPTION OF PROPOSAL....................................................................................................
5
3.1 Proposed Severance......................................................................................................................
5
3.2 Westmount Neighbourhood CompatibilitY....................................................................................5
4.0 SUMMARY OF TECHNICAL STUDIES........................................................................................6
4.1 Tree Management.........................................................................................................................6
5.0 PLANNING ANALYSIS.................................................................................................................
7
5.1 Provincial Policy Statement...........................................................................................................
7
5.2 A Place to Grow -Growth Plan for the Greater Golden Horseshoe ..............................................
g
5.3 Regional of Waterloo Official Plan...............................................................................................
io
5.4 City of Kitchener Official Plan......................................................................................................
ii
5.5 The Planning Act, R.S.O. iggo.....................................................................................................14
5.6 City of Kitchener Zoning By-law 85-1...........................................................................................16
5.7 Four Tests of Minor Variance........................................................................................................17
6.o CONCLUSIONS.........................................................................................................................
ig
Planning Justification Report—Severance
log Glasgow Street, City of Kitchener i
Page 33 of 312
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Figure i Location and Neighbourhood Context 1
Figure i Proposed Severance Sketch 5
Planning Justification Report—Severance
log Glasgow Street, City of Kitchener
Page 34 of 312
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Table4 - Zoning Matrix Table...............................................................................................................16
AppendixA- Pre -Submission Consultation Record
Appendix B - Severance Sketch, Prepared by Van Harten Surveying Inc.
Planning Justification Report—Severance
log Glasgow Street, City of Kitchener iii
Page 35 of 312
1111 �� '1111111 � � 1111 1 IRM � MINI 111111111 �I
it
MacNaughton Hermsen Britton Clarkson Planning Limited (hereinafter "MHBC") was retained by John
Gallivan and Susan Homer (hereinafter the "Owners") to provide justification in support of an
application to sever one residential lot at log Glasgow Street in the Westmount neighbourhood in the
City of Kitchener, for the development of a new residential building lot.
The property is municipally addressed as log Glasgow Street and is hereinafter referred to as the
"subject property". The subject property is comprised of one 6,624 m2 (0.66 hectare) parcel fronting
onto Glasgow, which is illustrated on Figure i Location & Neighbourhood Context. The property
contains an existing 2 story single -detached residential dwelling towards the rear of the property that
was built in the 1970's.
The Owners are looking to sever the subject property creating one (1) new residential lot and retaining
one (1) residential lot.
The proposed severance would create a lot that has approximately 20 metres of frontage onto Glasgow
Street, and would be 2,581m2 (0.26 hectares) in size. Both lots would be appropriately serviced by
municipal water and wastewater treatment systems.
The retained lot would have approximately 25 metres of frontage onto Glasgow Street and would be
4043 m2 (0.4o hectares) in size.
A Pre -Submission Consultation was held on September 30, 2021 which confirmed requirements for
submission of a complete application include the following:
• A Planning Opinion that addresses policy conformity; compatibility with surrounding lot sizes
and neighbourhood character to justify compatibility; setbacks and limits of development;
impacts; preliminary servicing; confirmation of good planning;
• Tree Management Plan;
• Applicationsfor Consent and Minor variance.
Accordingly, in support of the application we have included the following:
• Planning Opinion Report including analysis of Neighbourhood compatibility and demonstration
of how the proposal meets the Four Tests of a Minor Variance.
• One (1) copy of each of the Consent to Sever and Minor Variance Applications, completed,
signed and commissioned in PDF Format;
Planning Justification Report — Severance Application
log Glasgow Street, City of Kitchener 1
Page 36 of 312
Figure 1:
Location and
Neighbourhood
Context
709 Glasgow Street
Pt Lt 44 PI 793 Kitchener Pt 1,
58r-12693 & Pt 2, 58r-1423; Kitchener
LEGEND
.—. Subject Lands 6,624.5 m2
Lot A: Lands to be retained: 4,043.1 m2
Lot B: Lands to be severed: 2,581.4 m2
Source: Air Photo retrieved from Region of Waterloo (c) 2020, Parcels (c) King's Printer,
2022
DATE: January 5, 2023
SCALE: 1: 4,000 0
c
FILE: 21208A
DRAWN: CCF
K'V120BA-703 GLASGOVARPTNEIGHBOURHOOD LOTTING PLAN 03JAN2023.DWG
• One (1) cheque in the amount of $4300 made payable to the City of Kitchener; One (1) cheque
one (1) cheque in the amount of $650, made payable Regional Municipality of Waterloo
(provided directlyto Region of Waterloo);
• One (1) copy of the Severance Sketch, prepared by Van Harten Surveying Inc., dated December
14, 2022;
• Arborist/Tree Saving Report, prepared by MHBC Planning, dated September 13, 2022.
Planning Justification Report — Severance Application
log Glasgow Street, City of Kitchener 2
Page 38 of 312
2A Site
The subject property at log Glasgow Street is comprised of one 6,624m2 (o.66 hectare) parcel fronting
onto Glasgow Street within the Westmount Planning Area of the City of Kitchener. The subject
property is located on the south side of Glasgow Street, between Fischer Hallman Road and
Westmount Road West. The subject property is legally described as Partof Lot44, Registered Plan793.
The subject property contains the existing 2 story single -detached residential dwelling built in 1976 that
is located near the back of the lot.
The house is situated at the top of a gentle upward slope and there is a relatively flat, grassed front
lawn area with a mature tree stand screening the house from street view and as well there are many
trees along the perimeter and to the rear of the existing house. There is an existing driveway at the
eastern limits of the property that circles in front of the house. It is intended that this driveway
entrance will service the newly created lot and a new driveway and entrance will be created to serve the
existing residential dwelling. The proposed single detached dwelling will be situated directly adjacent
to the existing house with a similar setback and will comply with all yard setback requirements of the
Zoning Bylaw.
View of Subject Property from Glasgow Street
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 3
Page 39 of 312
2.2Surrounding Land Uses
The subject property is situated within the Westmount neighbourhood in the City of Kitchener. The
lands fronting Glasgow Street were historically developed with larger estate style single -detached
homes on larger lots. However, some properties in the area have been developed at a greater density
including developments directly north and to the east of the subject lands. Westmount Golf Course is
also located on the north side of Glasgow Street across from the subject lands. The lands are well
served by existing public and secondary schools, community facilities as well as active parks and natural
areas. The lands are serviced by municipal water and wastewater services.
The property is surrounded primarily by residential uses as illustrated in Figure 1.
North: Residential Townhomes and Westmount Golf Course
West: Single detached dwellings
South: Residential subdivision on relatively smaller lots
East: Residential lots of varying sizes
2.3 Background
A Pre -submission consultation meeting was held on September 30, 2021 for which the comment record
has been included as Appendix A. This report is intended to satisfy the requirements to form a
complete application for the proposed severance to create a lot for single -detached residential
development.
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 4
Page 40 of 312
The application proposes to create one (1) new residential building lot, and one (1) retained residential
lot with an existing dwelling. A new residential dwelling is proposed for the severed lot and the
proposed building envelope has been identified on the Severance Sketch prepared by Van Harten
Surveying Inc., dated December 14, 2022 and attached as Appendix B. The proposed building
envelope will have sufficient space to accommodate a variety of building configurations. Figure i
illustrates the proposed severance sketch.
3.z Westmount Neighbourhood Compatibility
The City of Kitchener encourages development that is compatible with the location, density and other
characteristics of surrounding land uses. The land use compatibility of the severance needs to address
the impacts of surrounding land uses and the impacts of the proposed development on surrounding
land uses.
As Figure i demonstrates, the properties forming the Westmount Planning Area are largely single -
detached residential dwelling on relatively large lots that vary in width, depth, and area.
The proposed severance will result in severed and retained lots that will be compatible with other
residential lots in the Westmount Area. The retained and severed lots will have lot widths, areas, depths
and front yard setbacks that fall within the range of the other lots within the Westmount Area. In
addition, the proposed larger front yard setback from Glasgow Street is in keeping with the existing
homesfronting the south side of Glasgow Street.
Therefore, the introduction of a new lot and future residential dwelling will be compatible with the
other lots and dwellings within the Westmount Area, and would be in keeping with the existing lot
fabric, in terms of lot width, area, and depth. The same will be true of the retained lot.
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 5
Page 41 of 312
S U IM IM A 1���Zy 0
...............
4.3. Tree Management
A Tree Inventory, Management and Protection Plan was prepared by MHBC Planning in September
2022 to identify and map existing trees on the subject property in relation to all existing buildings,
structures, and hard surfaces. The plan shows the extent of the tree crowns and identifies those trees
that are unhealthy and/or should be removed for proposed construction purposes. In this regard, no
significant or endangered species were identified on the property. All trees adjacent to the proposed
building site will be protected and retained as per the Tree Protection Recommendations.
The tree management plan surveyed a total of 211 trees located largely on the severed lands and
included trees along easterly property limit and within the property located directly to the east. It was
determined that a total of thirty-six (36) trees will require removal on the proposed severed lands within
the area proposed for the building footprint of the new dwelling. The remaining 175 trees, in addition
to trees located on the retained parcel and the adjacent property directly to the east will be preserved.
The tree species slated for removal include Black/Domestic Cherry, Sugar Maple, Ash and American
Beech. A number of trees along the easterly property limit in the vicinity of the proposed building
envelope will be removed to facilitate construction however, the existing trees on the neighbouring
property to the east coupled with additional plantings that will occur as part of the landscaping
proposed to accompany the development are intended to supplement the tree removals and thereby
maintain, buffering and privacy for the existing adjacent residential properties to the east and south of
the subject lands. Figure i illustrates the proposed severance sketch as well as the trees that are
proposed to be removed to accommodate the new single -detached dwelling.
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 6
Page 42 of 312
GLASGOW STREET
Figure 2: LEGEND
Subject Lands 6,624.5m2
Severance
Concept Plan Tree to be removed (refer to tree management plan)
Lands to be severed: 2,581.4m2
Lands to remain: 4,043.1 m2
709 Glasgow Street
Pt Lt 44 PI 793 Kitchener Pt 1,
58r-12693 & Pt 2, 58r-1423; Kitchener Source: Air Photo retrieved from Region of Waterloo (c) 2020, Parcels (c) King's Printer,
2022
DATE: January 5, 2023
SCALE: 1: 750 0
c
FILE: 21208A
DRAWN: GC and CCF
KQI—A-]09 GLASGOWRPTT2 SEVERANCE SKETCH O5JAN2—.MVG
I 1�1 ............... A IM IM 1�1 IM G A IM A 1�1 ............... YSI�IS
15 1111111
This section demonstrates that the proposed severance is consistent with and conforms to the
applicable Provincial, Regional, and Municipal planning regulatory frameworks.
The following sections provide justification as to how the proposed severance, is consistent with the
2020 Provincial Policy Statement, conforms to the policies of A Place to Grow, the Regional Official
Policies Plan, and is consistent with the City of Kitchener Official Plan and Zoning By-law. The severed
and retained parcels would front onto an existing, and established open road, and no new road is
required. Additionally, the following will provide justification as to how the proposed applications and
development conform to the provisions of Section 53(i) of the Planning Act.
5.3. Provincial Policy Statement
The Provincial Policy Statement (2020) (hereinafter referred to as the "PPS") applies to planning
decisions made on or after May 1, 202o. As a result, the 2020 PPS is applicable to the proposed
severance of the subject property.
The PPS is a consolidated statement of the government's policies on land use planning. It gives
provincial policy direction on key land use planning issues that affect communities, such as the efficient
use and management of land and infrastructure, or the provision of sufficient housing to meet changing
needs, among others. The PPS policies relevant to the proposal and subject property have been
reviewed and analyzed as part of this analysis.
Policy i.i.i of the PPS states that healthy, liveable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-being
of the Province and municipalities over the long term,-
b)
erm;
b) accommodating an appropriate affordable and market-based range and mix of residential
types (including single -detached, additional residential units, multi -unit housing, affordable
housing and housing for older persons), employment (including industrial and commercial),
institutional (including places of worship, cemeteries and long-term care homes), recreation,
park and open space, and other uses to meet long-term needs;
c) avoiding development and land use patterns which may cause environmental or public health
and safety concerns;
d) avoiding development and land use patterns that would prevent the efficient expansion of
settlement areas in those areas which are adjacent or close to settlement areas,-
e)
reas;
e) promoting the integration of land use planning, growth management, transit -supportive
development, intensification and infrastructure planning to achieve cost-effective
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 7
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development patterns, optimization of transit investments, and standards to minimize land
consumption and servicing costs;
improving accessibility for persons with disabilities and older persons by addressing land use
barriers which restrict theirfull participation in society;
g) ensuring that necessary infrastructure and public service facilities are or will be available to
meet current and projected needs;
h) promoting development and land use patterns that conserve biodiversity; and
i) preparing for the regional and local impacts of a changing climate.
The proposal supports these objectives by:
• Contributing to efficient development and land use patterns through the intensification of land
that located within a settlement area;
• Contributing to the range and mix of residential uses in the Westmount neighbourhood; and
• Providing residential intensification and the efficient utilization of land, thereby, promoting
cost-effective development patterns which would help sustain the financial well-being of the
City of Kitchener.
Policy 1.1.3.1 states that settlement areas shall be the focus of growth and development, and their
vitality and regeneration shall be promoted. The subject property is located within a Settlement area.
Policy 1.1.3.2 states that land use patterns within settlement areas shall be based on densities and a
mix of land uses which
a) efficiently use land and resources;
b) are appropriate for, and efficiently use, the infrastructure and public service facilities which are
planned or available, and avoid the need for their unjustified and/or uneconomical expansion;
c) minimize negative impacts to air quality and climate change, and promote energy efficiency;
d) prepare for the impacts of a changing climate;
e) support active transportation,-
f)
ransportation;f) are transit -supportive, where transit is planned, exists or may be developed; and
g) are freight -supportive
The proposed development will provide for an efficient use of land and resources by intensifying a
property which has the capacity to accommodate residential uses in an established settlement area.
The proposed uses will be connected to public water and sanitary services.
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In addition, the subject property is located on a municipal road and does not require extensive
alteration to the site to function as intended. There are no anticipated negative impacts to air quality
and climate change expected.
Policy 1.1.3.4 states that appropriate development standards should be promoted which facilitate
intensification, redevelopment and compact form. The proposed severance would provide for
intensification of a site which has the capacity to accommodate such uses.
Section 1.4 providesthe policyframework related to housing.
Policy 1.4.1 states that, in order to provide for an appropriate range and mix of housing options and
densities required to meet projected requirements of current and future residents of the regional
market area, planning authorities shall:
a) maintain at all times the ability to accommodate residential growth for a minimum of sg years
through residential intensification and redevelopment and, if necessary, lands which are
designated and available forresidential development; and
b) maintain at all times where new development is to occur, land with servicing capacity sufficient
to provide at least a three-year supply of residential units available through lands suitably zoned to
facilitate residential intensification and redevelopment, and land in draft approved and registered
plans. "
The proposed severance would contribute to the range and mix of housing types and densities through
the residential intensification and redevelopment of the proposed new lot. The subject property is
located within a designated Built up area. According to the City of Kitchener Official Plan, the City
encourages the provision of new dwelling units in built-up areas.
The proposed severance would contribute to the range and mix of housing types and densities,
thereby: helping to reach targets for the provision of housing; providing additional housing and
residential intensification; and, providing efficient use of land in an area that is well served by existing
public infrastructure.
The proposed severance is consistent with the 2020 Provincial Policy Statement.
5.2 A Place to Grow -Growth Plan for the
Greater Golden Horseshoe
A Place to Grow came into effect on August 26, 2020. This Plan is the framework for implementing the
Provincial Government's initiative to plan for growth and development in a way that supports the
economic prosperity, protects the environment, and helps communities achieve a high quality of life.
The preamble of the Growth Plan sets out those areas where intensification should occur, prioritizing
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener g
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settlement areas and more particularly within settlement areas, growth will be focused in delineated
built-up areas. In this regard, the subject lands are within a delineated built-up area.
The 202o Growth Plan is designed to help manage growth so communities in the Greater Golden
Horseshoe can develop in ways that expand economic opportunity, increase housing supply and protect
jobs while maintaining protections for the Greenbelt, agricultural lands, the agri-food sector and
cultural and natural heritage systems.
The policies of the Growth Plan centre on the key themes of directing the vast majority of growth to
settlement areas and delineated built-up areas, and among other things: the provision of a sufficient
housing supply that reflects market demand and what is needed in local communities; and, a healthy
mix of residential and employment land uses. The guiding principles of the Plan include, for example:
• Supporting the achievement of complete communities;
• Prioritizing intensification and higher densities in strategic growth areas;
• Supporting a range and mix of housing options, including second units and affordable housing;
• Improving the integration of land use planning with planning and investment in infrastructure
and public service facilities;
• Providing for different approaches to manage growth that recognize the diversity of
communities in the GGH;
• Protecting and enhance natural heritage, hydrologic, and landform systems, features, and
functions; and
• Conserving and promoting cultural heritage resources to support the social, economic, and
cultural well-being of all communities, including First Nations and Metis communities.
Better use of land and infrastructure can be made by directing growth to settlement areas and
prioritizing intensification. The subject property is located within a settlement area and more
specifically a delineated built-up area;
The proposed consent application will result in a new residential building lot capable of supporting new
residential development (i.e. a unit) in a designated built up area with approved zoning and designation
in an official plan that permits thistype of development.
Therefore, the proposed severance conforms to A Place to Grow
5.3 Regional of Waterloo Official Plan
The Regional Official Plan (ROP) was approved by the Ministry of Municipal Affairs and Housing
(MMAH) with modifications on December 22, 2o3.o, and approved, with amendments, by the
Ontario Municipal Board on June 3.4, 203-5. The ROP was processed as a municipal comprehensive
review and represents the Region's conformity exercise with respect to the 2oo6 Growth Plan for
the Greater Golden Horseshoe. As of today's date, the Region is undertaking a Municipal
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Comprehensive Review process to implement A Place to Growth — Growth Plan (zozo) and the
Provincial Policy Statement (zozo).
In 2003, Regional Council adopted the Regional Growth Management Strategy (RGMS) which
provides a common vision for the future growth of Waterloo Region. As part of the RGMS, the
Region has been planning in an integrated, cross -departmental way to meet the needs of a
growing population. Through the adoption of the RGMS, Regional Council identified
reurbanization as a cornerstone to the sustainable growth of this community. The intent of
reurbanization is to direct new residential and non-residential development into targeted areas
within the built-up area to slow the rate of expansion into the peripheral greenfield lands. In doing
so, the community can make better use of existing urban people to live and work and by improving
access to essential human services and programs.
Chapter 3 of the ROP provides policy direction with respect to "Liveability" in Waterloo Region. The
proposed severance is subject to the Range and Mix of Housing policies (Policies 3.A) of the ROP.
Specifically,
3.A.3 The Region encourages Area Municipalities to permit, wherever appropriate, individual lot
intensification, such as secondary apartments and garden suites in residential neighbourhoods,
where health, safety, servicing and other reasonable standards or criteria can be met.
The proposed severance and minor variance would permit the development of a new residential unit,
thereby, intensifying an individual lot in an existing residential neighbourhood.
The proposed severance conforms to the Regional Official Plan, 2015.
5.4 City of Kitchener Official Plan
The City of Kitchener Official Plan was adopted in 2014 through the approval of Official Plan
Amendment 103. The 2014 Official Plan establishes a community structure and identifies the subject
lands as being within Community Area in the Urban Structure of the City of Kitchener. Residential
development is permitted within Community Areas as per Section 3.C.2.50. Policy 3.C.2.51 provides
that areas within the Community Area structure will include Low Rise Residential land uses and further
Policy 3C2.52 provides that limited intensification may be permitted within Community Areas subject
to being sensitive and compatible with the character, form and planned function of the surrounding
context.
The lands are designated Low Rise Residential as identified on Map 3 of the City's Official Plan.
The following relevant policies apply to the subject lands:
■ 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;
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log Glasgow Street, City of Kitchener ii
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■ 15.D.3.1o. The maximum net residential density for lands which are designated Low Rise
Residential will be 30 units per hectare;
■ 15.D.3.11. A maximum Floor Space Ratio of o.6 will apply to all development and
redevelopment. Site-specific increases to allow up to a maximum Floor Space Ratio of 0.75
may be considered where it can be demonstrated that the increase in the Floor Space Ratio is
compatible and meets the general intent of the policies in this Plan. An Official Plan
Amendment will be required to consider an increase in the Floor Space Ratio greater than
0.75
■ 15.D.3.12. No building will exceed 3 storeys or 11 metres in height, at the highest grade
elevation. Relief from the building height may be considered for properties with unusual grade
conditions and for buildings and/or structures with increased floor to ceiling heights and
architectural features provided the increased building height is compatible with the built form
and physical character of the neighbourhood;
■ 15.D.3.13. Notwithstanding Policy 15.D.3.12, a maximum building height of 4 storeys or 14
metres, at the highest grade elevation, whichever is the lesser, may be permitted on lands
having primary frontage on to a Regional Road or City Arterial Street;
■ 15.D.3.14. The predominant land use within the Low Rise Residential designation will be
residential but it is intended that complementary non-residential land uses may be permitted
to locate within this designation subject to any locational criteria and the appropriate zoning
being in place.
The proposed development meets the density, height and use provisions as per Section 15 of the
Official Plan.
In addition, Section 17.E.20.5 provides that: Applications for consent to create new lots will only be
granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan,
and that the lots are in conformity with the Zoning By-law, or a minor variance has been
granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development pattern of
surrounding lands by taking into consideration lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy 14.C.1.19;
Planning Opinion Report—Severance Application
709 Glasgow Street, City of Kitchener 12
Page 49 of 312
g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and
orderly development; and,
h) the lots) will not restrict the ultimate development of adjacent properties.
In this regard, the proposed lot will comply with zoning regulations except for lot width on the newly
created severed lands and accordingly a minor variance application has been submitted concurrently
with the consent application to address this minor deficiency. The proposed new lot reflects the overall
character of the surrounding neighbourhood as illustrated in Figure i. The lots will have frontage on a
public street where municipal water and sanitary services are available, a Plan of Subdivision is not
appropriate for the scale of development and the lot configuration will not restrict development on
adjacent properties.
In addition, Section 8 of the City's Official Plan provides policy direction to protect, manage and
enhance the urban forest through best management practices which are economically,
ecologically, and socially desirable. In this regard, a Preliminary Tree Management plan has
been prepared which surveyed 211 trees located largely on the newly created severed parcel and
recommends removal of a total of 36 trees which are located primarily in the vicinity of the building
envelope area including 5 trees in the area proposed to accommodate a new driveway access to
the existing dwelling located on the proposed retained lands. There are additional trees located on
the proposed retained lands at the rear of the property and along the westerly perimeter of the
property limits which will not be impacted by the proposed development. Consideration has been
given to maintaining as many trees as possible in addition to retaining existing screening and views for
lands located to the east and south.
Specifically Policy 8.C.2.6 speaks to encouraging new development to protect and conserve
existing healthy trees in accordance with Urban Design policies. In this regard, the tree removals
have been minimized as much as possible to reduce adverse impacts to existing trees on adjacent
properties to the east and south and to maintain existing building setbacks from the street such that
street views and buffering of adjacent lands are protected. Further, Policy 8.C.2.16 requires
preparation of a Tree Management Plan. In this regard, a Preliminary Tree Management Plan
has been prepared which justifies the removal of 36 trees to accommodate the proposed building
envelope and new driveway location. The plan will be further refined in conjunction with the final
grading and drainage plan prior to building permit issuance in order to protect the balance of trees
and respect existing buffers and maintain appropriate tree coverage with potential for tree
replacement where deemed appropriate.
Accordingly, the proposed development will meet all the requirements of the City of Kitchener
Official Plan.
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log Glasgow Street, City of Kitchener 13
Page 50 of 312
5.5 The Planning Act, R.S.O. 3.990
Section 53 (1) of the Planning Act R.S.O. 1990 states that:
An owner of land or the owner's agent duly authorized in writing may apply for a consent as
defined in subsection go (s) and the council or the Minister, as the case may be, may, subject to this
section, give a consent if satisfied that a plan of subdivision of the land is not necessary for the
proper and orderly development of the municipality. 1994 C. 23, s. 32.
Section 53(12) of the Planning Act R.S.O. 1990 states that when determining whether provisional
consent should be given, regard shall be had for the matters under Section 51(24). As such, the
proposed new lots have regard for the following matters:
i
y
(a) the effect of development of the proposed
The effect of the proposed consent application will not
subdivision on matters of provincial interest as
have a negative impact on matters of provincial
referred to in section 2;
interest as identified in Section 2 of the Planning Act.
(b) whether the proposed subdivision is
The proposed consent application is not premature, as
premature or in the public interest;
the subject property is located within the Built Up Area
of the City of Kitchener where infill development is
encouraged. Further, the subject property is
designated in the Official Plan as Low Rise Residential
which permits densityto a maximum of 30 units per
hectare. The proposed development meets this
criteria.
(c) whether the plan conforms to the official
The proposed consent application conforms to the
plan and adjacent plans of subdivision, if any;
policies of the City of Kitchener Official Plan and would
permit a similar urban form to the adjacent and
neighbouring properties within the existing
neighbourhood.
(d) the suitability of the land forthe purposes
The subject lands are located within the City of
for which it is to be subdivided;
Kitchener Built Up Area and are designated and zoned
for low rise residential use. Therefore, the lands are
suitable for the purpose for which they are to be
severed.
(d.1) if any affordable housing units are being
Not applicable —Affordable housing units are not
proposed, the suitability of the proposed units
proposed as part of these planning applications.
for affordable housing;
(e) the number, width, location and proposed
Not applicable — New roads are not required or
grades and elevations of highways, and the
proposed as part of these planning applications.
adequacy of them, and the highways linking
the highways in the proposed subdivision with
the established highway system in the vicinity
and the adequacy of them.-
hem;(f)
(f)the dimensions and shapes of the proposed
The proposed lot is of a size that will allow for a single
lots;
detached house similar in scale to those in the
surrounding neighbourhood. The frontage of the
Planning Opinion Report—Severance Application
709 Glasgow Street, City of Kitchener 14
Page 51 of 312
The proposed severance conforms to the policies of the City of Kitchener Official Plan and the Regional
Official Plan, and the proposed lot configuration is in compliance with the requirements of the City's
Zoning By-law. The severed and retained parcels have frontage on an existing open road and no new
Planning Opinion Report—Severance Application
709 Glasgow Street, City of Kitchener 15
Page 52 of 312
resulting retained lot will be in compliance with the
City's Zoning By-law, and the lot shape and size are
appropriate and compatible with the neighbourhood
and surrounding properties. The newly created lot will
not meet the lot width requirements of the zoning
bylaw and accordingly a minor variance is required and
will be applied for simultaneously with the consent
application.
(g) the restrictions or proposed restrictions, if
There are no conflicting restrictions on the severed or
any, on the land proposed to be subdivided or
retained lots.
the buildings and structures proposed to be
erected on it and the restrictions, if any, on
adjoining land;
(h) conservation of natural resources and flood
The lands do not contain any identified or protected
control;
natural heritage resources. A Tree Management Plan
has been prepared in support of the severance
application, and is submitted concurrently with this
application. The lands are outside of the floodplain, and
are not located within the Grand River Conservation
Authority's regulated area.
(i) the adequacy of utilities and municipal
The subject property is located within the City of
services;
Kitchener and have access to full municipal water and
wastewater services.
(j) the adequacy of school sites;
There are adequate school facilities to accommodate
and additional residential dwelling unit.
(k) the area of land, if any, within the proposed
Not applicable— No land is proposed to be conveyed
subdivision that, exclusive of highways, is to be
for public purposes as part of these planning
conveyed or dedicatedfor public purposes;
applications.
(f) the extent to which the plan's design
The proposed severances will allow for infill and
optimizes the available supply, means of
intensification within an existing Built -Up area,
supplying, efficient use and conservation of
thereby resulting in an efficient use of land.
energy; and
(m) the interrelationship between the design of
Not applicable —the proposed type of development
the proposed plan of subdivision and site plan
does not require site plan approval.
control matters relating to any development on
the land, if the land is also located within a site
plan control area designated under subsection
41 (2) of this Act or subsection 114 (2) of the
City of Toronto Act, 2006. 1994 C. 23, s. 30;
2001, c. 32, s. 31 (2); 2006, C. 23, S. 22 (3, 4)1
2016, C. 25, Sched. 4, s. 8 (2).
The proposed severance conforms to the policies of the City of Kitchener Official Plan and the Regional
Official Plan, and the proposed lot configuration is in compliance with the requirements of the City's
Zoning By-law. The severed and retained parcels have frontage on an existing open road and no new
Planning Opinion Report—Severance Application
709 Glasgow Street, City of Kitchener 15
Page 52 of 312
road or widening will be required forth e proposed severance; and, the proposed severance conforms to
Part VI (Subdivision of Land), Section 53(1) (Consents) of the Planning Act.
5.6 City of Kitchener Zoning By-law 2019-051
The City of Kitchener Zoning By-law 2019-051 is currently in force and effect and regulates the use of
land and provides regulations for the location of buildings and structures, building height, density,
parking facilities and landscaping to ensure orderly development within the City of Kitchener.
The subject property is zoned Residential One (RES -1). The intent of the RES — 1 zone is to permit
primarily single and duplex residential uses with accessory buildings or structures.
The proposed severance would result in one new residential building lot. A new single -detached
residential dwelling would be a permitted use on the new residential lot. The following table illustrates
compliance with the performance standards of the City of Kitchener Zoning Bylaw 2019-051 for the
proposed severed and retained lots.
Notwithstanding the minimum zoning requirements, the proposed lot would provide sufficient space to
allow for a home to be built in a similar scale/size as those in the surrounding neighbourhood. The
proposed building lot is of sufficient size such that all of the setbacks can be achieved and still leave a
building envelope large enough to accommodate a home similar to those in the surrounding
neighbourhood. A minor variance is required to accommodate a reduced lot width from the 24 metre
requirement to 20 metres on the proposed severed lot (Parcel B).
Table 1 - Zoning Compliance Table (Zoning Bylaw 2019-051)
1 D e n c) i.l s r l d l r' c) r" ,,, ] r l+) r d +: e r e q N. r e d
Page 53 of 312
i
Minimum Lot Area
929 mz
2,581 mz
4,043 mz
Minimum Lot Width
24m
:10 r.i,.,a
25M
Minimum Front Yard
6 m
4.5 m (to garage)
+-75 m
+-75 m
Maximum Building Height
11.0 m
9 m
9 m
Minimum Interior Side Yard
3.0 m
3.6
3.0 m
Minimum Rear Yard
7.5
+-24 m
+-30 m
Maximum Lot Coverage
55%
9%
5%
Maximum Number of
Storeys
3
2
2
1 D e n c) i.l s r l d l r' c) r" ,,, ] r l+) r d +: e r e q N. r e d
Page 53 of 312
5.7 Four Tests of Minor Variance
1. Is the general intent and purpose of the Official Plan maintained?
The subject property is designated as "Low Rise Residential" within the City's Official Plan (OP). The
purpose of the Community Areas designation and further Low Rise Residential classification permits
limited intensification provided the proposed development is sensitive and compatible with the
character, form and planned function of the surrounding context. Additional policy analysis is provided
under Section 4.4 above. The proposed development will meet all the Low Rise Residential policy
requirements for use, density, Floor Space Ratio and height as provided by Section 15 of the Official
Plan and additionally meets the Consent policies contained in Section 17 of the Official Plan.
The proposed variances would allow for modest intensification and infilling in an existing established
neighbourhood that contains a variety of low rise residential dwelling built forms. A number of smaller
lot sizes have been created within close proximity to the subject lands and the proposed development is
in keeping with the existing neighbourhood character. Therefore, it is our opinion that requested
variance for lot width reduction for the severed lands only maintain the general intent and purpose of
the Official Plan.
i. Is the general intent and purpose of the Zoning By-law maintained?
The proposed variance requests a reduction in the lot width from 24 metres to 20 metres for Part B only
(severed parcel as illustrated on Figure 2). All other requirements of the Zoning By-law are being
maintained and the newly created lot will have 2581 square metres of lot area while the required lot
area for Residential Two (R-2) Zone is 929 square metres. The retained parcel will have 4043 square
metres. A complete zoning analysis is provided in Table 1 under Section 4.5 above.
In addition, adequate space to provide a new driveway and parking can be provided on both the
severed and retained lands in accordance with zoning by-law requirements.
As such, it is our opinion that the requested variance would maintain the general intent and purpose of
the zoning by-law by providing infill development that is consistent with existing development patterns
in the area.
3. Is the variance appropriate for the development of the land?
The variance is required to facilitate the creation of a new infill lot for single -detached residential use
and the retention of the existing residence on a lot that more than meets the size requirements of the
zoning bylaw and is in keeping with land development in the adjacent neighbourhood. In our opinion,
the variance is appropriate for the development of the lot, as there are no adverse impacts anticipated
and all other requirements of the bylaw are complied with and the proposed infill and minor
intensification implements the Provincial Policy and A Place to Grow objectives of intensification within
the Built -Up area.
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 17
Page 54 of 312
4. Is the variance minor?
The variance request for a reduction in the lot width for Parcel B (retained parcel) is illustrated on the
Severance Sketch prepared by Van Harten Surveying Inc., dated December 14, 2022. The proposed
reduction in lot width will allow for the creation of a new lot that is larger than typical for the
Westmount Planning Area and will adequately permit the addition of a new driveway to service the
existing house while the existing driveway will be reconfigured to serve the new lot. All other yard
requirements are being maintained. The minor variance has the effect of reducing the lot width from
24 metres to 20 metres on the severed lands (Parcel B) only. This minor reduction required to facilitate
the severance is:
1. Similar to lot patterns in the neighbourhood;
2. Allows for maintenance of existing trees that provide buffering and visual screening from
Glasgow Street in addition to neighbouring property owners to the south and east of the
proposed lot.
Accordingly, the impact of the variance, if any, is considered minor. It is our opinion that the variance is
minor.
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 18
Page 55 of 312
The purpose of this planning report was to evaluate the proposed severance of the subject property in
the context of existing land use policies and regulations, including the Provincial Policy Statement, A
Place to Grow, the Region of Waterloo Official Plan, the City of Kitchener Official Plan, the City of
Kitchener Zoning By-law and the Planning Act.
The proposed severance and minor variances would result in the creation of one new and one retained
lot with lots that are compatible with the other lots forming the Westmount Planning Area in the City of
Kitchener. It is our opinion that the proposed severance will result in a lot that is appropriate and
compatible for the area, and that the proposed severance represents good planning. This opinion is
based on the following:
1. The proposed severance supports the achievement of providing for a greater range and mix of
residential uses and contribute to the current and future housing needs of the City of Kitchener;
2. The proposed severance facilitates the intensification of residential land within an established
residential neighbourhood in a manner that is compatible with the site and the surrounding
neighbourhood;
3. The proposed severance is consistent with the Provincial Policy Statement, 202o, and conforms
to A Place to Grow (Growth Plan for the Greater Golden Horseshoe) 2020;
4. The proposed severance conforms to the Regional Official Plan, 2o15 and the City of Kitchener
Official Plan, 2014,
5. The proposed severance complies with the performance standards of the City of Kitchener
Zoning By-law 2019-051;
6. The proposed severance complies with Section 53(1) of the Planning Act, R.S.O. iggo;
7. The Tree Management Plan illustrates trees requiring removal to accommodate the proposed
building envelope. No significant or endangered species are being removed and sufficient
buffering/screening to adjacent residential lands to the east and south will be maintained;
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener ig
Page 56 of 312
8. The proposed new residential building lot is compatible and consistent with the other lots in the
Westmount Planning Area in terms of shape, lot width, area, and depth, and is in -keeping with
the gradual development and lot pattern for the area and provides an appropriate opportunity
for intensification in an area that is well served by public infrastructure.
Respectfu I ly su bm itted,
MHBC
Dan Currie, MA, MCIP, RPP
Partner
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener
Nicolette van Oyen, BES
Senior Planner
20
Page 57 of 312
Appendix B,: Severance Sketch, prepared by Van Harten
Surveying
Planning Opinion Report—Severance Application
log Glasgow Street, City of Kitchener 22
Page 58 of 312
GLASGOW STREET
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Reglon of Waterloo
Marilyn Mills, Secretary Treasurer
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 Frer:lar 6 Sty aat 8th Flow
Kotr;henei� Ontario N2G; 4,13 Canada
Tr,lnphotwe 519.575-4400
T1Y: 513..575-41.08
Fax: 519-575-4466
www,regionofwaterioo n
Melissa Mohr
226-752-8622
D20-20/23 KIT
March 15, 2023
Re: Comments for Consent Applications B-2023-007-62023-0011,
62023-14-62023-15 and B2022-057
Committee of Adjustment Hearing March 21, 2023
CITY OF KITCHENER
B2022-0057
193 Louisa Street
Mohammad Gohari (owner)
The owner/applicant is proposing to create a new lot for a newly constructed semi-
detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Regional Water Services (Advisory):
The Applicant shall be advised that no connection to regional watermains will be
permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and
Supplemental Specifications for Municipal Services, February 2022.
Corridor Planning:
Access Permit.-
Regional
ermit.Regional Staff advise that an Access Permit application, with the required $100.00 fee,
shall be required for the proposed access onto Weber Street West (RR #08). Applications
for the permit are available at the following link: Application and Pavment for an Access
Permit - Region of aterloo
Document Number: 4335673 Version: 1
Page 62 of 312
Servicing Easement/Work Permit.-
a)
ermit.a) The Servicing Easement and any servicing within the easement must be totally
located within the private property limits of severed/retained lots;
b) The works within the Region's road allowance must be limited to excavation activities
and asphalt restoration;
c) The applicant(s) contractor must apply and obtain approval of a Regional Work
Permit from the Regional Corridor Management Division of any works within or
abutting the Region's Road right-of-way and Region of Waterloo Railway Corridor, as
may be required for the construction of the site servicing. In addition the applicant
must abide by all conditions and stipulations outlined within the Work Permit
Application. The Permit application can be found here: A ply For A Permit - Rgg,Tgnal
Municipality of Waterloo Online Application (p ermitcentral.ca)
d) It is recommended that the proposed 150mm diameter storm service connect directly
to the existing manhole along Louisa Street to mitigate the extent of the asphalt
restoration along Louisa Street; and
e) Lane closures or traffic impacts along Weber Street will not be permitted as part of
these works.
Environmental Noise.-
The
oise.
The proposed development is likely to have impacts from road traffic noise from traffic
on Weber Street West (RR #08) and rail noise / vibration from adjoining Region of
Waterloo railway line.
Regional Staff acknowledge that based on discussions with the City of Kitchener and
CN Railway that all parties are agreeable to waiving the requirement for a detailed noise
and vibration study. The owner/applicant may choose to undertake and implement a
noise and vibration study, however Regional Staff are recommending that the following
noise warning clauses be implemented through a development agreement with the
Region, registered on title, indicating that:
1. The following noise warning clause will be required to be included on all offers of
purchase, deeds and rental agreements for the building / dwelling units:
"Purchasers /tenants are advised that sound levels due to increasing road traffic
on Weber Street and Region of Waterloo Railway may occasionally interfere with
some activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment,
Conservation and Parks. This dwelling has been designed with the provision of
adding central air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo and
the Ministry of the Environment, Conservation and Parks (MECP).
Document Number: 4335673 Version: 1
Page 63 of 312
ii. "Purchasers /tenants are advised that sound levels due to increasing traffic on
Weber Street and Region of Waterloo Railway may occasionally interfere with
some activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation and Parks (MECP)."
iii. "Warning. Region of Waterloo / Canadian National Railway Company or its
assigns or successors in interest has or have a rights-of-way within 300 metres
from the land the subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way. "
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 will apply for and obtain the required
access permit(s) to the satisfaction of the Region of Waterloo.
3) That prior to final approval the owner/applicant must apply for and obtain approval of
a Regional Work Permit from Regional Corridor Management Division of any works
within or abutting the Region's Road right-of-way and Region of Waterloo Railway
Corridor,
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo, to the satisfaction of the Region of Waterloo, must be registered
on title for both the retained and severed lands that includes the requirement for the
following warning clauses in all agreements of Offers of Purchase and
Sale/lease/rental agreements:
"Purchasers /tenants are advised that sound levels due to increasing road traffic
on Weber Street and Region of Waterloo Railway may occasionally interfere with
some activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment,
Conservation and Parks. This dwelling has been designed with the provision of
adding central air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Region of Waterloo and
the Ministry of the Environment, Conservation and Parks (MECP).
Document Number: 4335673 Version: 1
Page 64 of 312
ii. "Purchasers /tenants are advised that sound levels due to increasing traffic on
Weber Street and Region of Waterloo Railway may occasionally interfere with
some activities of the dwelling occupants as the sound levels exceed the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation and Parks (MECP)."
iii. "Warning: Region of Waterloo / Canadian National Railway Company or its
assigns or successors in interest has or have a rights-of-way within 300 metres
from the land the subject thereof. There may be alterations to or expansions of the
railway facilities on such rights-of-way in the future including the possibility that the
railway or its assigns or successors as aforesaid may expand its operations, which
expansion may affect the living environment of the residents in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid rights-of-way. "
B2023-0007
60 Third Avenue
Zoran Bogunovic (owner) / Boban Jakanovic (Authorized Agent)
The owner/applicant is proposing to sever the parcel into two equal parts so that the
newly created parcel is used for the development of a detached duplex dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on tt s -Ma s.re ionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Corridor Planning
Environmental Noise.-
The
oise.The proposed severed and the retained lots are located within 200 metres (roughly
180m) of Provincial Highway 7/8 and would have impacts from transportation noise
sources in the vicinity. In lieu of a detailed environmental noise study, Regional staff
recommend the following noise attenuation measures implemented through a registered
development agreement with the Owner/Developer and City of Kitchener, prepared to
the satisfaction of the Regional Municipality of Waterloo for both, the severed and the
retained lot:
Document Number: 4335673 Version: 1
Page 65 of 312
A) The dwelling / building shall be installed with suitably sized and designed forced air -
ducted heating and ventilation system; and installed with central air-conditioning
system prior to occupancy.
B) The following noise warning clauses shall be included in the development agreement
and purchase and tenancy agreements and offers of purchase and sale for the
dwelling units:
Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks.
Purchasers/tenants are advised that despite the inclusion of noise control features in
the development and within the building units, sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks.
This dwelling unit has been supplied with a central air conditioning system which will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Municipality and the Ministry of
the Environment.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent review
fee of $350.00.
2) That prior to final approval, an agreement between the Owner/Applicant and the City
of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title
for both the severed and retained lands that includes the requirement for the
following noise mitigation measures and warning clauses in all agreements of Offers
of Purchase and Sale, deeds, and lease/rental agreements:
A) The following noise warning clauses will be included in the development
agreements, purchase and tenancy agreements and offers of purchase and sale
for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
may occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the Ministry of
the Environment, Conservation and Parks. "
Document Number: 4335673 Version: 1
Page 66 of 312
"Purchasers/tenants are advised that despite the inclusion of noise control features
in the development and within the building units, sound levels due to increasing
road traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Municipality
and the Ministry of the Environment, Conservation and Parks. "
"This dwelling unit has been supplied with a central air conditioning system which
will allow windows and exterior doors to remain closed, thereby ensuring that the
indoor sound levels are within the sound level limits of the Municipality and the
Ministry of the Environment. "
3) That prior to final approval, the owner/applicant must submit a valid section 59 notice.
:3' 13'*11I1I1I-=m q• 1:P*1P*]11I1I1I'7
241-243 Victoria Street South
Willowside Housing Co -Operative Inc. (Owners) / Scott Patterson (Patterson
Planning Consultants Inc. —Authorized Agent)
The applicant is proposing a lot addition of 389.3m2 of the lands at 241-243 Victoria
Street South to the lands at 239 Victoria Street South and the creation of an access
easement in favour of 239 Victoria Street from the retained lands of 241-243 Victoria
Street South.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
for each application ($700.00 total) prior to final approval of the consent.
Corridor Planning:
The proposed easement is in front of an existing transit stop. The existing transit stop
may need to be relocated as a result of this proposal.
While the related Site Plan application is not yet approved by the City (file SP
21/088/V/LT), several concerns were identified by the Region in the comments dated
October 25, 2021. To address the concerns raised, the following conditions must be
secured through a condition of consent for the above application:
Dedicated Road Widening.-
At
idening.At this location, Victoria Street South (Regional Road 55) has a designated road width
of 26.213m (86ft) in accordance the Regional Official Plan (ROP). The existing Victoria
Street South right of way measures approximately 20.117m (66ft) at this location. An
estimated road widening dedication of 3.048m (1 Oft) shall be required along the Victoria
Street South property frontage of 235 and 239 Victoria Street South. A draft Reference
Plan must be provided to identify the lands to be dedicated fronting the subject
properties and the proposed easement. The land must be dedicated to the Region of
Waterloo for road allowance purposes, and must be dedicated without cost and free of
encumbrance.
Document Number: 4335673 Version: 1
Page 67 of 312
Environmental Noise Study.-
As
tudy.As this consent is associated with a Site Plan application (SP21/088/V/LT), An
Environmental noise study is required as a condition of approval for the proposed
consent to address the detailed design of the proposed building on 235-239 Victoria
Street North.
Access Permit.
A detailed plan showing the proposed access, the existing transit stop and the proposed
easement must be provided prior to approval of the access permit.
The Plan must also show that there are no encroachments within the Regional right-of-
way for the future proposed development for which the proposed access easement is
being requested.
A Regional Access Permit along with the Regional Road Access Permit application can
be found online (https://www.regionofw terloo.ca/en/doing-business/appli ations-
licences-and-ermits.aspx), there is a $230 fee associated with the application for a
new access, there is no fee for the closure applications.
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 will apply for and obtain the required
access permit(s) to the satisfaction of the Region of Waterloo.
3) That the owner/applicant complete the required road widening dedication to the
satisfaction of the Region of Waterloo; and,
4) That prior to final approval, the Owner/Developer shall prepare an Environmental
and Noise Study to the satisfaction of the Regional Municipality of Waterloo and if
necessary, shall enter into a registered development agree with the Regional
Municipality of Waterloo to implement the recommendations.
B2023-0010
709 Glasgow Street
John Gallivan and Susan Homer (Owners) / Dan Currie and Nicolette van Oyen
(MHBC Planning — Authorized Agent)
The applicant is proposing to sever a parcel of land having a lot width of 20 metres
along Glasgow Street, a lot depth of 126 metres and a lot area of 2,581 square metres
for a new single detached dwelling. The lands to be retained will have a lot width of 26
metres along Glasgow Street, a lot depth of 125 m and a lot area of 4,043 square
metres and will contain an existing single detached dwelling addressed as 709 Glasgow
Street.
Document Number: 4335673 Version: 1
Page 68 of 312
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.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on tt s-//ta s.re ionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Corridor Planning:
Environmental Noise.-
The
oise.The proposed severed and the retained lots are located within 200 metres (roughly
180m) of the CN Railway and is anticipated to have impacts from transportation noise
sources in the vicinity. Therefore, in the absence of a detailed environmental noise
study, the Region agrees to the following noise attenuation measures implemented
through a registered agreement with the City of Kitchener for the severed and the
retained lot:
Severed Lot:
A) The dwelling/building will be installed with a suitably sized and designed forced air -
ducted heating and ventilation system with the provision of central air-conditioning at
the occupant's discretion.
B) The following noise warning clauses will be included in the development agreements,
purchase and tenancy agreements and offers of purchase and sale for the dwelling
units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks".
"This unit has been designed with the provision of adding central air conditioning at
the occupant's discretion. Installation of central air conditioning by the occupant in
low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MECP). "
"Warning. Canadian National Railway Company or its assigns or successors in
interest has or have rights-of-way within 300 metres from the land the subject thereof.
There may be alterations to or expansions of the railway facilities on such rights-of-
way in the future, including the possibility that the railway or its assigns or successors
as aforesaid may expand its operations, which expansion may affect the living
environment of the residents in the vicinity, notwithstanding the inclusion of any noise
Document Number: 4335673 Version: 1
Page 69 of 312
and vibration attenuating measures in the design of the development and individual
dwelling(s). CNR will not be responsible for any complaints or claims arising from use
of such facilities and/or operations on, over or under the aforesaid rights-of-way. "
Retained Lot:
The following noise warning clauses will be included in the development agreements,
purchase and tenancy agreements and offers of purchase and sale for the dwelling
units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic may
occasionally interfere with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the Environment,
Conservation and Parks".
"Warning. Canadian National Railway Company or its assigns or successors in interest
has or have a rights-of-way within 300 metres from the land the subject thereof. There
may be alterations to or expansions of the railway facilities on such rights-of-way in the
future including the possibility that the railway or its assigns or successors as aforesaid
may expand its operations, which expansion may affect the living environment of the
residents in the vicinity, notwithstanding the inclusion of any noise and vibration
attenuating measures in the design of the development and individual dwelling(s). CNR
will not be responsible for any complaints or claims arising from use of such facilities
and/or operations on, over or under the aforesaid rights-of-way. "
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent review
fee of $350.00 per consent application.
2) That prior to final approval, the owner/applicant submit a valid Section 59 notice.
3) That prior to final approval, an agreement between the Owner/Applicant and the City
of Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title
for both the severed and retained lands that includes the requirement for the
following noise mitigation and warning clauses in all agreements of Offers of
Purchase and Sale, deeds, and lease/rental agreements:
Severed Lot:
a. The dwelling/building will be installed with a suitably sized and designed forced air -
ducted heating and ventilation system with the provision of central air-conditioning
at the occupant's discretion.
b. The following noise warning clauses will be included in the development
agreements, purchase and tenancy agreements and offers of purchase and sale
for the dwelling units:
'Purchasers/tenants are advised that sound levels due to increasing road traffic
may occasionally interfere with some activities of the dwelling occupants as the
Document Number: 4335673 Version: 1
Page 70 of 312
sound levels exceed the sound level limits of the Municipality and the Ministry of
the Environment, Conservation and Parks".
"This unit has been designed with the provision of adding central air conditioning
at the occupant's discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Region of Waterloo and the Ministry of the Environment
Conservation & Parks (MOECP). "
"Warning. Canadian National Railway Company or its assigns or successors in
interest has or have rights-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future, including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect
the living environment of the residents in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the development
and individual dwelling(s). CNR will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under the
aforesaid rights-of-way. "
Retained Lot:
a. The following noise warning clauses will be included in the development
agreements, purchase and tenancy agreements and offers of purchase and sale
for the dwelling units:
"Purchasers/tenants are advised that sound levels due to increasing road traffic
may occasionally interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Municipality and the Ministry of
the Environment, Conservation and Parks".
"Warning. Canadian National Railway Company or its assigns or successors in
interest has or have a rights-of-way within 300 metres from the land the subject
thereof. There may be alterations to or expansions of the railway facilities on such
rights-of-way in the future including the possibility that the railway or its assigns or
successors as aforesaid may expand its operations, which expansion may affect
the living environment of the residents in the vicinity, notwithstanding the inclusion
of any noise and vibration attenuating measures in the design of the development
and individual dwelling(s). CNR will not be responsible for any complaints or
claims arising from use of such facilities and/or operations on, over or under the
aforesaid rights-of-way. "
Document Number: 4335673 Version: 1
Page 71 of 312
B2023-011
131 St. George Street
Ilir Faikovski (Owner) / Jon Crummer (Homeridge Design — Authorized Agent)
The applicant is proposing to sever an existing lot to permit a new single detached
dwelling on the severed lands. The retained lands contain an existing dwelling.
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.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent review
fee of $350.00 per consent application.
B2023-013, B2023-014 and B 2023-015
137 Queen Street South
St. Paul's Evangelical Lutheran Church (Owner) Heather Price (GSP Group Inc. —
Authorized Agent)
The applicant is proposing to sever a parcel for development and to establish two
easements for access and parking on the parcel; one located along Church Street in
favour of the retained (church) parcel and one located along Queen Street in favour of
the retained (church) parcel and severed (house) parcel created by consent.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
for each application ($1050.00 total) prior to final approval of the consent.
Archaeological Assessment
Regional Staff note that the proposed severed parcel at 137 Queen Street South
possesses the potential for the recovery of archaeological resources due to the Part V
designated property, the sites location within a historic core area, the proximity to
historically mapped and designated structures (the Historic St. Paul's Church), its
location along an historic road and its location upon a landform associated with the
habitation of early peoples in the area. As such, an Archaeological Assessment and
Ministry Acknowledgement is required prior to final approval as per Regional Official
Plan policy 3.G.9.
Document Number: 4335673 Version: 1
Page 72 of 312
Corridor Planning
Environmental and Stationary Noise.-
At
oise.At this location, the proposed development may encounter environmental noise sources
due to traffic on local municipal streets and potential stationary noise from the existing
land uses and rooftop 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 (residential) 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 assess and mitigate the environmental noise impacts, the applicant must
prepare an Environmental Noise Study; the noise levels 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 and is responsible for
obtaining current information, applying professional expertise in performing calculations,
making detailed and justified recommendations, and 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 will provide this data within three
weeks of receiving the request from the noise consultant.
Please note that there is a $500 fee for the preparation of the traffic forecasts and
review of the Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must submit the transportation data request online
via (:// = ). Resubmission
of any Transportation Noise Study may be subject to a $250 resubmission fee.
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
($4520.00 total). Please submit payment for the third -party review along with the
submitted noise study. Additional fees may apply depending on the scope of review
required.
Payment can be made either by cheque payable to the Region of Waterloo or by
contacting Ms. Peggy Walter at PWalter@regionofwaterloo.ca via other methods.
As the detailed design of the project has yet to be known, Regional staff require
the applicant to enter into a development agreement to secure the completion of
a Transportation and Stationary Noise Study as a condition of approval.
Site Plan (advisory).-
The
advisory).The proponents are strongly recommended to undertake an environmental
(transportation and stationary) noise study to assess the impacts of the environmental
Document Number: 4335673 Version: 1
Page 73 of 312
noise and construct the buildings accordingly. This would avoid any retrofit required to
the building; and complaints/liability claims/concerns as a result of the proposed
development later.
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 for each application;
2) That prior to final approval, a licensed Archaeologist prepares an Archaeological
Assessment on the lands to be severed and a copy of the Ministry of Heritage, Sport,
Tourism and Culture Industries Acknowledgement letter(s) and the Assessment
Report must be provided to Regional Staff to the satisfaction of the Region's
Planning, Development and Legislative Services Department;
3) That prior to final approval, the Owner/Applicant enter into a registered development
agreement to prepare a final Transportation and Stationary noise study to indicate to
the Regional Municipality of Waterloo methods to be used to abate traffic and
stationary noise levels for the subject lands and if necessary, shall enter into a
registered development agreement with the Regional Municipality of Waterloo to
provide for implementation of the accepted noise study attenuation measures.
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,
Melissa Mohr, MCIP, RPP
Senior Planner
Document Number: 4335673 Version: 1
Page 74 of 312
March 2, 2023
Alison Fox
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.regionofwaterloo.ca
File No.: D20-20/
VAR KIT GEN
(4) VAR KIT, 289 AND 295 SHELDON AVENUE NORTH
MARTEA DEVELOPMENTS
(5) 04 URBAN, 1005 OTTAWA STREET NORTH
STANLEY PARK MALL
(14) VAR KIT, 709 GLASGOW STREET JOHN GALLIVAN
AND SUSAN MOMER
Subject: Committee of Adjustment Meeting March 21, 2023 City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1)
A 2023
- 024 — 271 Hartwood Avenue — No Concerns.
2)
A 2023
- 025 — 273 Hartwood Avenue — No Concerns.
3)
A 2023
- 026 — 74 Boehmer Street — No Concerns.
4)
A 2023
- 026 — 289-295 Sheldon Avenue North — No Concerns.
5)
A 2023 — 028 — 1005 Ottawa Street North — No Concerns.
6)
A 2023
- 029 — 57 Barbara Crescent — No Concerns.
7) A 2023 - 030 — 59 Barbara Crescent — No Concerns.
8) A 2023 - 031 — 299 Newbury Drive — No Concerns.
9) A 2023 - 032 — 22 Hebel Place — No Concerns.
10) A 2023 - 033 — 364 Wellington Street North — No Concerns.
11) A 2023 - 034 — 106 Chandler Drive — No Concerns.
12) A 2023 - 035 — 12 Orchard Mill Crescent — No Concerns.
Document Number: 4324460
Page 1 of 2
Page 75 of 312
13) A 2023 - 036 — 183 Ottawa Street South — No Concerns.
14) A 2023 - 037 — 709 Glasgow Street — No Concerns.
15) A 2023 - 038 — 131 St George Street — No Concerns.
16) A 2023 - 039 — 137 Queen Street South — 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,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofAn Kitchener. ca
2
Page 76 of 312
� A&'ih.flstiraa:uor� C e�itre: 100 Oyce Rh,d, I'(), Box /'Y ()�'d I1,11 1", Yv'V6
105
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,,
on
March 6, 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 — March 21, 2023
Applications for Minor Variance
A 2023-024
271 Hartwood Avenue
A 2023-025
273 Hartwood Avenue
A 2023-026
74 Boehmer Street
A 2023-027
289-295 Sheldon Avenue North
A 2023-028
1005 Ottawa Street North
A 2023-029
57 Barbara Crescent
A 2023-030
59 Barbara Crescent
A 2023-031
299 Newbury Drive
A 2023-032
22 Hebel Place
A 2023-033
364 Wellington Street North
A 2023-034
106 Chandler Drive
A 2023-035
12 Orchard Mill Crescent
A 2023-036
183 Ottawa Street South
A 2023-037
709 Glasgow Street
A 2023-038
131 St. George Street
A 2023-039
137 Queen Street South
Applications for Consent
B 2022-057
193 Louisa Street
B 2023-007
60 Third Avenue
B 2023-010
709 Glasgow Street
B 2023-011
131 St. George Street
B 2023-012
160 Weber Street West
B 2023-013 to B 2023-015 137 Queen Street South
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
applications.
r'lk'IYIbel, oV { u :e I,V,IIIOI) C"mtario' I ep YV`';I,^iI1ICI j (")I" arIV7':i il} ( oro r"" I, on "'lll:"1(,)I'it es I I � ie (.)i,and,ill'"1 dk,I Cl � oiI Gcyl, dive(
Page 77 of 312
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes. 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 a errem an(ab-grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
--�
9 -"—
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 78 of 312
From:
Johnston, Jeremiah (MTO)
To:
Committee of Adjustment (SM)
Cc:
Alison Fox
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review - March 21, 2023 Meeting
Date:
Monday, February 27, 2023 3:51:06 PM
Attachments:
image001e2ng
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image003e2ng
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image006e2ng
image007e2ng
image008e2ng
image009e2ng
Im
2023-024 - 271 IHartwood Avenue
The Ministry tlry of 'Transpertafiion (INTO) Ihas no Ire ,uvuiilreirnent for this alplplliioafiion. The
uvulbUeot Iproperty its located Ibeyond IM O hirnits of Ipelrimiit contIrell and therefore IM O
review, acceptance and perimits will not Ibe required.
A 2023-025 - 273 IHartwood Avenue
The Ministry tlry of 'Transpertafiion (INTO) Ihas no Ire ,uvuiilreirnent for this alplplliioafiion. The
uvulbUeot Iproperty its located Ibeyond IM O hirnits of Ipelrimiit contlrell and therefore IM O
review, acceptance and perimits will not Ibe required.
A 2023-026 -74 I eelhirnelr Street
The Ministry tlry of 'Transpertafiion (INTO) Ihas no Ire ,uvuiilreirnent for this alplplliioafiion. The
uvulbUeot Iproperty its located Ibeyond IM O hirnits of Ipelrimiit contlrell and therefore IM O
review, acceptance and perimits will not Ibe required.
A 2023.-02'7.- 239-295 Sheldon Avenue INorth
Cornments will Ibe Iplrovii 'e ' Iby a selparate eirnaiill.
A 2023-028 - 1005 Ottawa Street (North
The Ministry tlry of 'Transpertafiion (INTO) Ihas no Ire ,uvuiilreirnent for this alplplliioafiion. The
uvulbUeot Iproperty its located (beyond IM O hirnits of Ipelrimiit contlrell and therefore IM O
review, acceptance and perimits will not Ibe required.
FAVANAKWAMWAMORMUNNNEW
The Ministry tlry of 'Transpertafiion (INTO) Ihas no Ire ,uvuiilreirnent for this alplplliioafiion. The
uvulbUeot Iproperty its located (beyond IM O hirnits of Ipelrimiit contlrell and therefore IM O
review, acceptance and perimits will not Ibe required.
A 2023-030 - 59 I alrlbalra Crescent
Page 79 of 312
The I iiinii airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
u lbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll aired therefore IMTO
review, acceptance and perimits will not Ibe required.
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
u lbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll and therefore IMTO
review, acceptance and perimits will not Ibe required.
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
u lbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll and therefore IMTO
review, acceptance and perimits will not Ibe required.
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
u lbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll and therefore IMTO
review, acceptance and perimits will not Ibe required.
2023-034 - 100 Chandler IDrive
Coirniments will Ibe provided Iby a selparate eirnaiill
A 2023-035 - 12 Orchard IMill Crescent
The I iiinii airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
ulbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll and therefore IMTO
review, acceptance and perimits will not Ibe required.
A 023-030 - 183 Ottawa Street South
The I iiinii airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
ulbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll and therefore IMTO
review, acceptance and perimits will not Ibe required.
FAVARRAWWAWADMIRIMMEMM
The I iiinii airy of 'Trai sportafiion (IM O) Ihas no requirement foir this alplplliioafiion. The
ulbUeot property its located Ibeyond IMTO hirnits of Ipeirimiit ooi troll and therefore IMTO
review, acceptance and perimits will not Ibe required.
A 023-038 - 131 St George Street
The I iiinii airy of 'Trai sportaboirr (IM O) Ihas no requirement foir this alplplliioafiion. The
Page 80 of 312
u.ulbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
2023- 013, 014, 015 & 039 - 137 Queen Street South
The I iiinii airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
u lbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
18 2022.-05'7.- 193 Louisa Street
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
ulbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
18 2023.-00'7.- 'Thiiird Avenue
The I iiinii airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
ulbJeot property deer fall within the IMTO Ipeirimiit control, Ihoweveir given the Ipirelpe ed
oelpe of worlk and separation firoinru the Ihighway network, IMTO review, alplpirevall and
Iperimits will not Ik e required.
18 2023-008 - 241-243 Victoria
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
ulbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
18 2023-009 - 241-243 Victoria
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
ulbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
18 2021010 -709 Glasgow Street
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
ulbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
18 3-011 - 131 St George Street
The Ministry airy of 'Trai sportafiion (IM O) Ihas no requirement for this alplplliioafiion. The
ulbJeot property its located Ibeyond IMTO hirnits of Ipeirimiit oei troll and therefore IMTO
review, acceptance and perimits will not Ik e required.
18 2023.-012.- 160 Welber Street West
Page 81 of 312
The Ministry of Translportaiiion (VTO) Ihas no requirement for ilhiis application. The
subject Iproperty its located Ibeyond IMTO liilrniiis of Iperlrniii coniroll and therefore I T
review, acceptance and Ipenrniiis wiiI1 not Ike required.
If there are any questions alboui the albove Ipllease direct them io Irne lby emaiill.
Thank you,
UCIrk"II"rr1ll, ll1Wl"VII"V° [0111"li 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@kitchener.ca>
Sent: February 24, 2023 3:57 PM
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - March 21, 2023
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, March 21, 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
.:............ - Ilk1tclllrlleineilr„ca no later than 12 noon on Monday, March 6, 2023.
If you have no comments for the Committee's consideration, you do not need to
respond to this email.
Best,
Aliso Fox (she/her)
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2200 ext. 7594 TTY 1-866-969-9994 ( c...; 11 1. ii 1. p..:,... .
Rol
, 0-
11#01111 0
Page 82 of 312
March 11, 2023.
RE: Committee of Adjustment Agenda item: B 2023-010 &A 2023-037 - 709 Glasgow St
for March 21St, 2023
Dear Ben Brummelhuis, Kitchener Planning Department, Kitchener Committee of Adjustment,
Councillor Margaret Johnston,
am the contact for the Kitchener Green Belt Neighbourhood Association which was formed in 1978 to protect
the mature forest including that on the 709 Glasgow Street property for which there is a severance proposal.
, on Glasgow Street who lives next door to 709 Glasgow contacted me yesterday with information
about the severance proposal.
My comments in this letter come from personally reading the proposal; it was not possible to collect Green Belt
responses in just a few days.
Summary position:
think the request for severance is premature. The development's impact on the trees is significant
because of their incorporation in mature forest
1.) has only been suggested in a Preliminary Tree Management plan, without knowledge of the
essential grading and drainage effects on this and adjacent properties, or tree environment health
details;
2.) without requirement of a plan of subdivision with full tree management and protection attached to
the title for the newly created development lot;
3.) without requirement of a new owner to adhere to suggested maximum building envelope
specifications.
This proposal describes what could be, rather than what will be, without severance
commitments on a future owner.
• The current property at 709 Glasgow Street is >1 acre in size so is subject to Kitchener's tree protection
measures during redevelopment.
• Kitchener's Strategic Plan has Kitchener Staff working to develop tree protection measures for lots <1
acre in size.
• The proposed severed lot would be <1 acre in size; after severance, trees would not be covered by the
protection they have prior to severance. Severance should not remove their development protection.
• The mature tree stand that screens the existing house from street view is not overtly referred to as being
protected during the creation of a new driveway to the existing house; it should be protected by using an
alternate available location.
• 1 support approval of the Minor variance that permits a reduced front width of the newly severed lot to
maintain current zoning.
• 1 also support the planned use of the existing driveway for access to the new house to minimize tree
removal.
I would appreciate the opportunity to speak at the March 21 sr Committee of Adjustment.
Sincerely,
Page 83 of 312
March 18, 2023
Tina Malone -Wright
Committee of Adjustment Coordinator
City of Kitchener — Planning Division
200 King Street West, 611, floor
P.O. Box 1118
Kitchener, ON
N2G 4G7
am writing in support of and response to the "PLANNING
JUSTIFICATION REPORT: Consent to Sever a Residential Lot, 709 Glasgow Street,
City of Kitchener, dated January 3, 2023 as prepared for John Gallivan and Susan
Homer by MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC).
In addition to the report that and have submitted I want to
highlight that there is also an impact to the retained lot. As stated in the Planning
Justification Report on page 13, five additional trees are to be removed on the retained
lot due to the construction of a new driveway on the retained lot. These trees do not
have to be removed if the proposed driveway is curved around the trees, thus reducing
the environmental impact.
Sincerelv.
Andrew Bass
Page 84 of 312
Presentation to the Committee of Adjustment, 21 March 2023
by Kate Lawson and Bruce Wyse
Responding to:
"PLANNING JUSTIFICATION REPORT: Consent to Sever a Residential Lot, 709
Glasgow Street, City of Kitchener [the "Report']
Date: January 3, 2023
Prepared for: John Gallivan and Susan Homer
Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC)
Submittina Parties:
We are the homeowners at , the property adjacent (to the
east) to the proposed severed property. Our lot is approximately 1 acre in size.
The "proposed building envelope" on the severed lot is directly adjacent to our portion of
mature hardwood forest (principally sugar maple, beech, black cherry, ash, and
ironwood) that makes up the Green Belt neighbourhood forest ecosystem. This
ecosystem supports a wide variety of birds, reptiles, and large and small mammals,
including raptors, songbirds, newts, salamanders, toads, bats, deer, fox, etc. The leaf
litter provides breeding grounds for small reptiles and insects
More generally, the forest provides greenhouse gas and flood mitigation and its root
system stabilises the soil, factors particularly important in an age of climate change and
extreme weather events. We consider ourselves stewards of this woodland and its
place in the larger Green Belt ecosystem in this part of Westmount. We work to actively
support the health of our woodland, spending approximately $3-5,000 per annum to
prune dead branches, cut dead trees, and treat ash trees for the emerald ash borer.
The minimum of 36 trees, which this Report states need to be cut adjacent to our
property, are a part of this woodland ecosystem and we believe this loss of trees may
cause significant damage to the ecosystem generally and to our property in particular.
We are grateful for and enthusiastic supporters of the Kitchener "TREE MANAGEMENT
POLICY." In particular we note:
POLICY NUMBER. 1-1160 SUBJECT.- TREE MANAGEMENT POLICY
2.0 INTRODUCTION
The attitude towards the importance of trees has changed to where they are now
appreciated not only because of their aesthetics, but also because of the
functions they perform such as atmosphere purification, acoustical control,
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privacy control, recreational use and historical features. They add to the quality of
life within the community and, in some cases, represent the attempt to save the
environment.
Our presentation in this document attempts, in all particulars, to recognise these Policy
benefits and to align with these Policy goals, both in relation to the overall request to
sever and, in particular, in relation to the site of any future "building envelope."
We are confident that the Committee of Adjustment understands and supports the goals
of the "Tree Management Policy" and its recognition of the overall value and importance
of trees.
Expertise: We want to stress that we are laypersons, doing our best to understand
relevant bylaws, policies, and statutes. We have not been provided sufficient time to
consult relevant experts and get expert opinions. The brief time allowed us to respond
to this long and complex PLANNING JUSTIFICATION REPORT—we only received the
Report on the afternoon of March 9—gives rise to concerns about procedural fairness.
In light of the magnitude and impact of the proposed destruction of mature forest and
the lack of crucial information in the Report (detailed below), it is our heartfelt request
that a decision on the severance be deferred until the concerns we detail below have
been fully satisfied and we have had the opportunity to benefit from expert advice.
Position of the Submitting Parties
Generally, we support approval of a minor variance that permits a reduced front width of
the newly severed lot to maintain current zoning. We support the planned use of the
existing driveway for access to a new house to minimize tree removal.
However, we believe that the request to "sever a residential lot, 709 Glasgow St.,
Kitchener" is premature and at the very least should be granted only upon more fulsome
review of environmental and related concerns. We therefore request that a decision
regarding the severing be deferred until: 1) the property line is staked; 2) alternative
sites for the "proposed building envelope" are considered and analysed in accordance
with the requirements of the Kitchener "TREE MANAGEMENT POLICY, "the Forestry
Act Section 10, etc. (discussed below); and 3) further information is provided:
a. A complete Tree Management plan, not the "Preliminary Tree
Management plan" included in the Report;
b. A copy of the "Tree Inventory, Management and Protection Plan (MHBC
Sept/22) ... prepared by MHBC Planning in September 2022" (p. 6)
referenced but not included in the Report;
c. An expert opinion on other possible building sites on the severed property
to prove that, as stated in the Report and in accordance with Policy
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8.C.2.61 it is indeed the case that "tree removals have been minimized as
much as possible" (p. 13) in the proposed building site.
d. And, because the report states that the location of the proposed building
envelope will have "adverse impacts to existing trees on adjacent
properties to the east and south" (p. 13) —that is, adverse impacts to
boundary trees and existing trees on our property—that expert opinions be
provided 1) to prove that this proposed building site has the fewest
possible adverse impacts on our property, compared to other possible
building sites on the proposed severed lot; and 2) a legal justification as to
why any adverse impacts to our trees are allowed by statute. Here again,
we feel acutely the lack of expert advice. But, given that the request to
sever includes "adverse impacts to existing trees" on our property, we
implore the Committee of Adjustment not to approve this request
until all avenues for the best possible mitigation are proven;
e. An expert opinion on and analysis of the required grading, excavation,
drainage, erosion, etc. and related environmental impacts regarding the
proposed building envelope, in relation to our property and the severed
property;
An expert opinion on and analysis of endangered, at risk, significant, and
protected species in the proposed severed lot and adjacent properties.
This may include an EIS level of investigation by the applicants as we
believe trees, groundcover, understorey vegetation, wildlife, and species
at risk (e.g. salamanders and bats) are present and are covered by
relevant statutes.
Note: this is a preliminary list of the further information which we believe the applicants
should provide (as noted above, consultation with experts such as land use planners
and environmental planning consultants would greatly assist us in finalising this list).
If this request to defer is granted and additional documents are provided, we request at
least four months to analyse these additional documents and to seek the expert advice
we need (legal, land use planning, environmental consulting, etc.), before the
Committee of Adjustment hearing is reconvened.
If this request to defer is not granted, alternatively we request that if and when a
severance is approved, specific conditions be attached to such an approval to relocate
the position of the "proposed building envelope". We suggest some conditions on page
5 below, but because—as we have said—we are not experts and have not had time to
seek expert advice, we are not in a position to state exactly what conditions should be
attached, only that they must protect the woodland generally and protect our property in
particular. We are also concerned in this regard about procedural fairness generally.
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We believe that granting a deferral will provide the greatest benefit to all concerned: the
applicants, ourselves, and the Green Belt woodland neighbourhood.
Please find below our detailed concerns and response to the particulars of the
"PLANNING JUSTIFICATION REPORT" (the "Report").
Concern 1. Limitation on Relevant Information
The property line (that separates our property and the proposed severed lot) is not
marked on the ground. We have looked but not found any stakes. If the survey was
completed in December 2022, we would have expected the whole lot to be staked. The
ground is currently covered in knee-high snow.
Given the snow and lack of stakes, we can only guess where the "Proposed Building
Envelope" is located in the heavily treed area on the proposed severed lot, and where it
is in relation to our property. This lack of on -the -ground information is severely
hampering our ability to understand the details of and fully respond to the request to
sever.
In addition, the very short timeline (see above) has hampered our ability to fully
understand and respond, and to seek expert advice.
Concern 2. The Neighbourhood not properly advised
We had expected to see a sign on the subject property advising neighbours of the
proposal to sever. We realised where it was on Thursday, March 16:
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Concern 3. Not Conformina to Provincial Policv Statement
We believe the request to sever is premature and that the location of the proposed
building envelope does not align with the relevant Provincial Policy Statement as best
as possible.
More succinctly, the proposed development has a major impact on trees because the
proposed building envelope is situated in the middle of a mature woodland forest and
accordingly does not best conform with Provincial Policy.
On pages 7 and 8, the Report references the Provincial Policy Statement (2020): that
the PPS provides in Policy 1.1.1 that healthy, liveable and safe communities are
sustained by, among other things, promoting development and land use patterns that
conserve biodiversity and prepare for regional and local impacts of a changing climate.
The Provincial Policy Statement provides in Policy 1.1.3.2 that land use patterns within
settlement areas shall be based on densities and mix of land uses which, among other
things, minimize negative impacts to air quality and climate change.
We submit that the proposed building envelope on the severed lot does not conform to
the PPS as best as it otherwise could. More specifically, the proposed location of the
proposed building envelope does not promote development and land use that
conserves biodiversity as it will result in the destruction of woodland forest which is
home to a wide variety of wildlife, plants, and insects (see p. 1 above). Further, the
proposed location of the proposed building envelope does not minimize negative
impacts to air quality and climate change as, if approved, it will result in the destruction
of forests which create healthy air and assist with combating climate change.
We further note that the Report states that A Preliminary Tree Management plan "has
been prepared" (p. 13), but a Final plan is not included. The Report makes mention of
the fact that a "Tree Inventory, Management and Protection Plan (MHBC Sept/22) was
prepared by MHBC Planning in September 2022" (p. 6), but it is not included.
Accordingly, the true scale of the development proposed is not fully understood. Details
are lacking in the Report on grading, excavation, drainage, erosion, etc. and other
related environment details. An analysis of the existing topography, proposed grading/
servicing plans, etc. are needed to properly assess impacts to trees and the ecosystem.
Accordingly, in our view, the proposed new house to be built could better conform with
the Provincial Policy Statement by moving the location of the proposed new house away
from the densely forested portion of the proposed lot, which is home to many plants and
animals, including—we believe—at risk, significant and endangered species (see p. 14
below). For this reason, if severance approval is granted it must be with the condition
that the proposed new house be build in an area where less ecological harm will be
done (see p. 9 below). If and when an approval to sever is made:
1. The location of the proposed new house be moved to impact the existing
forests less;
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2. A plan with full tree management and protection conforming to all relevant
statutes be attached to the title for the newly created development lot;
3. The owner of the severed lot adhere to maximum building envelope and
other specifications;
4. Any tree protection measures in place regarding 709 Glasgow Street must
apply to the new severed lot during redevelopment. Severance should not
remove tree development protection.
Concern 4.a. Non Conformity to City of Kitchener Official Plan
Policy: Our fourth concern is that the proposed severance and development do not
conform to the City of Kitchener Official Plan and the Tree Management Policy.
The elevations on p. 30 of the Report indicate, we believe, a rise of approximately 2
meters in the areas of the "Proposed Building Envelope"—within the area of the
proposed severed lot itself and on the area as it continues the slope on our property.
These photographs show the slope of our property as it meets the adjoining subject
property; in the second photograph (taken from our property), the roofline of the house
in the proposed remaining property is visible in the top right. The proposed building
envelope site is, we believe, located somewhere in this zone.
This significant incline suggests to us as laypersons that, to prepare the area of the
"Proposed Building Envelope" for building, significant grading and very likely further
destruction of trees will be required.
The Report mentions grading only once, basically deferring any consideration of and
information about this crucial issue: "The plan will be further refined in conjunction with
the final grading and drainage plan prior to building permit issuance" (p. 13). We are not
reassured by this statement.
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The Report also mentions "unusual grade conditions" on page 12 ["15.D.3.12.... Relief
from the building height may be considered for properties with unusual grade
conditions"] but we do not have the expertise to understand the relevant implications of
this statement, if any.
Again, we feel sorely here the lack of time to receive expert advice and worry about
possible procedural unfairness.
Specific requirements of the City of Kitchener Official Plan and the Tree
Management Policy:
Minimizin_g adverse impacts on/optimizing potential benefits for trees and
vegetation
The City's TREE MANAGEMENT POLICY, 2.0 INTRODUCTION states, in part:
An assessment of proposed development impact on trees and vegetation
communities is undertaken, so that adverse impacts are minimized while
potential benefits of remaining tree and vegetation communities are
optimized... Rationale is presented to justify tree removal i.e. layout,
grading, servicing constraints....
We argue that site of the "Proposed Building Envelope" neither "minimize[s]" the
"adverse impacts" nor "optimise[s] the benefits of remaining trees and vegetation." No
"rationale" is offered to justify the choice of this area for the proposed building and thus
"to justify tree removal". No information is provided on grading.
Accordingly, we argue that the application's proposed building envelope site should be
rejected (or whatever measures are in the purview of the Committee of Adjustment).
Detailed Vegetation Plan: We note there is no Detailed Vegetation Plan attached, as
required by the Kitchener Tree Management Policy:
3.3.1.2 Detailed Vegetation Plan, cont'd
The following information is required.
• grading information -original grades (surveyed) and proposed grades -cut
and fill areas -potential disruption to ground water and surface drainage
• symbolized recommendations showing the accurate location of the dripline
for, each isolated tree or single species cluster identifying them as 'save,
'remove, 'transplant'
• symbolized recommendations showing the accurate location of the dripline
for treed areas to be selectively thinned or transplanted
• accurate location of new woodland edges (truthed in field) and location
and species of recommended plantings (if required) or transplantings
• location and nature of recommended protection measures (see Appendix
E -Temporary Protection Fencing, Signage and Erosion Control)
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No information on grading, groundwater, erosion, surface drainage, etc. is included in
the Report; trees are not individually marked as "save," "remove" or "transplant"; there is
no "accurate location of new woodland edges," etc.
Tree management plan: We note further that the Application appears to run contrary to
the other parts of the City of Kitchener Official Plan:
8. C. 2.16. The City will require the preparation and submission of a tree
management plan in accordance with the City's Tree Management Policy,
where applicable, as a condition of a development application.
Any tree management plan must identify the trees proposed to be removed,
justify the need for removal, identify the methods of removal and specify an
ecologically sound tree replacement scheme and any mitigative measures to be
taken to prevent detrimental impacts on remaining trees.
The Report states that only "a Preliminary Tree Management plan has been prepared."
As noted above, "Any tree management plan must identify the trees proposed to be
removed, [and] justify the need for removal. "
As noted on p. 7 above, no rationale or justification for "the need for removal" of the 36
trees is offered, no justification of the chosen building envelope site is offered or
compared to other possible sites, and the Report does not produce a plan to minimize
harms, acknowledged and potential, to the site immediately to the east, i.e. our
property.
Significant Habitat of Endangered or Threatened Species; Significant Woodlands;
and h) Locally Significant Woodlands. We note that the Official Plan 7.C.2.19 Core
Natural Heritage Features also include protections for i) Significant Habitat of
Endangered or Threatened Species, and g) Significant Woodlands; and h) Locally
Significant Woodlands in relation to 7.C.2.10. and 7.C.2.18. in relation to "any proposed
development, redevelopment or site alteration. "
Note: Significant or Locally Significant Woodlands are "ecologically important in terms
of.- i) features such as species composition, age of trees and stand history; ii)
functionally important due to its contribution to the broader landscape because of its
location, size or due to the amount of forest cover in the planning area.
As noted above on p. 3, section f) we believe the applicants must provide a full EIS and
or/an expert opinion on Endangered or Threatened species and Significant or Locally
Significant Woodland requirements.
Due to time constraints, we ourselves have had a preliminary verbal opinion on the
Woodland question, suggesting that Woodland protections do apply. But again, we have
not had time to receive full expert advice on questions related to Endangered or
Threatened Species and Woodland status, again raising concerns about procedural
fairness.
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We conclude that the proposal does not conform to the City of Kitchener Official Plan
and the Tree Management Policy. The combination of tree cutting, grading, excavation,
etc., will have a serious deleterious effect on the woodland as a whole and on our
property in particular, through erosion, drainage, and damage to mature tree roots.
These factors are not accounted for in the Report and the discussion of the proposed
building envelope site.
Concern 4.b. Non Conformity to City of Kitchener Official Plan
The Report's Claims: We address here information in the Report section 5.4 (pp. 11-
13) intended to support its conclusion: "Accordingly, the proposed development will
meet all the requirements of the City of Kitchener Official Plan" (p.13).
As evidence, the Report states that in the plan to sever and the choice of the site of the
proposed building envelope and driveway:
"Consideration has been given to maintaining as many trees as possible in addition
to retaining existing screening and views for lands located to the east and south.
Specifically Policy 8. C.2.6 speaks to encouraging new development to protect and
conserve existing healthy trees in accordance with Urban Design policies. In this
regard, the tree removals have been minimized as much as possible to reduce
adverse impacts to existing trees on adjacent properties to the east and south and to
maintain existing building setbacks from the street such that street views and
buffering of adjacent lands are protected." (p. 13)
In fact, the site of the proposed building envelope and extended driveway requires the
cutting of 36 "healthy trees" (Report 5.4.).
We therefore submit this plan does not "protect and conserve existing healthy trees in
accordance with Urban Design policies." Rather than "maintaining as many trees as
possible," in fact the Report names a building site in the one of the most heavily
wooded areas of the severed lot.
If the applicants indeed seek to "minimize" tree removals "as much as possible," other
locations on this large lot could be chosen:
a) the "relatively flat, grassed front lawn area" (Report, p. 3) at the front of the
property would seem to require minimal grading and minimal tree loss (see
the photograph of this lawn fronting Glasgow St. in the Report, p. 3); or
b) the area between the stone retaining wall and the area marked on the plan as
"proposed driveway." This area would seem to require less grading and less
tree loss. This photograph shows the easterly part the current driveway
behind the retaining wall.
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We are disturbed in particular regarding this claim in the Report:
"tree removals have been minimized as much as possible to reduce
adverse impacts to existing trees on adjacent properties to the east and
south and to maintain existing building setbacks from the street such that street
views and buffering of adjacent lands are protected." (p. 13)
This statement is an admission that there will in fact be "adverse impacts to existing
trees on adjacent properties to the east", i.e. our property. We are not lawyers but have
to ask: is this allowed? Are neighbours legally allowed to cause adverse impacts to our
trees?
At the same time, this is not surprising given that the proposed building envelope
adjoins the most heavily wooded part of our "adjacent property." Damage seems
inevitable if this plan is approved.
Further, this statement directly contradicts the Report's Tree Management section 4.1.
(p. 11) which states "All trees adjacent to the proposed building site will be protected
and retained as per the Tree Protection Recommendations."
Either adjacent trees will suffer "adverse impacts" or they will be "protected and
retained": both cannot be true.
As noted above on page 9, other locations are available on this large lot for the building
envelope site. We thus argue that any "adverse impacts" whatsoever to trees on our
property, direct or indirect, are unwarranted and unacceptable.
Equally disturbing is the Report's admission that the proposed building lot seems to
have been chosen to maximise "buffering" and privacy for the existing dwelling on the
retained lot:
There are additional trees located on the proposed retained lands ... along the
westerly perimeter of the property limits which will not be impacted by the
proposed development. (p. 13)
In sum: the chosen building site will have "adverse impacts" on trees on our property
but trees on the retained lot "will not be impacted".
Addendum re "views": the Report states that by "maintain(ing] existing building setbacks
from the street ... street views and buffering of adjacent lands are protected" (p. 13).
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Note that "forest views" or "rear views" are not named in the Report. Our dwelling is
designed to maximize these views; see this photo of the rear elevation of our house.
Preserving the forest to the maximum extent possible is simply the only way to preserve
our forest view. These are photos of our current "forest views." Note the proposed
building envelope would occupy the top right of the terrain in each of them.
In summary, we are very concerned that the choice of building site and driveway—far
from minimizing harm—requires excessive tree cutting, "adverse impacts to existing
trees" on our adjacent property, grading, excavation, erosion, drainage damage, and
damage to mature tree roots that will have serious deleterious effects on our property.
We thus argue that the facts presented in the Report do not support this conclusion that
"the proposed development will meet all the requirements of the City of Kitchener
Official Plan". Rather this Application appears to be in contravention of the City of
Kitchener's Official Plan and Tree Management Policy.
Concern 5. Minimal Support for Conclusion reached within the Application
Our fifth concern is that details in the Report regarding the proposed Severance and
development provide inadequate support for the claim in 3.2 Westmount
Neighbourhood Compatibility that: "Therefore, the introduction of a new lot and future
residential dwelling will be compatible with the other lots and dwellings within the
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Westmount Area, and would be in keeping with the existing lot fabric, in terms of lot
width, area, and depth" (p. 5).
Front yard setbacks: In support of this conclusion, the Report states:
The retained and severed lots will have lot widths, areas, depths and front yard
setbacks that fall within the range of the other lots within the Westmount Area.
No information is provided on other lots in the Westmount Area (e.g. relevant
addresses) or on average front yard setbacks, etc. in support of this claim. Further:
In addition, the proposed larger front yard setback from Glasgow Street is in
keeping with the existing homes fronting the south side of Glasgow Street (p. 5)
The "proposed larger front yard setback" of the severed property is not in keeping with
the "existing homes fronting the south side of Glasgow Street." Of the 14 "existing
homes fronting the south side of Glasgow Street" between Knell Drive and Westwood
Drive (that is, 685 to 795 Glasgow St.) only the subject property and 715 Glasgow St.
have the named "larger front yard setback" (not specified on the drawings; we believe
approximately 80 m.)
The average front yard setback of houses on the south side of Glasgow St. (from 685 to
795 Glasgow St.) is, we believe, approximately half that (30-40 m.). No details on these
setbacks are provided in the Report. Setback information for houses on Glasgow St.
from Knell Dr to Westmount Rd. is not provided either.
Rear yard setbacks
The Report does not compare the rear yard setback of the proposed building envelope
to "the existing homes fronting the south side of Glasgow Street." If you consult Report
Figure 1, you will note the proposed rear yard setback is closer to the back property line
than any other lot fronting the south side of Glasgow Street (685 to 795 Glasgow St.).
Conclusion: we do not believe that credible evidence has been provided to conclude
that the "future residential dwelling will be compatible with the other lots and dwellings
within the Westmount Area, and would be in keeping with the existing lot fabric..."
Concern 6. Tree Management claims in the Application
Our sixth concern relates to the validity of and support for claims made in the Report's
Tree Management section 4.1. (p. 11). This section states, in part:
All trees adjacent to the proposed building site will be protected and retained as
per the Tree Protection Recommendations.
As noted above, this statement conflicts with the statement regarding "adverse impacts
to existing trees on adjacent properties to the east" (see p. 9 above). Further, because
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no information provided on grading and excavation, we are not confident that this is
correct or possible.
Report section 4.1 continues:
It was determined that a total of thirty-six (36) trees will require removal on the
proposed severed lands within the area proposed for the building footprint of the
new dwelling....
Figure 2 illustrates the proposed severance sketch as well as the trees that are
proposed to be removed to accommodate the new single -detached dwelling.
We ask: "It was determined" how? What "rationale" guided the choice of this proposed
building envelope site on one of the most heavily wooded area of the proposed severed
lot? As noted above, the City of Kitchener TREE MANAGEMENT POLICY, 2.0
INTRODUCTION states that a "rationale" is required to support cutting 36 trees. It is not
provided.
Report section 4.1 continues:
A number of trees along the easterly property limit in the vicinity of the proposed
building envelope will be removed to facilitate construction however, the
existing trees on the neighbouring property to the east coupled with
additional plantings that will occur as part of the landscaping proposed to
accompany the development are intended to supplement the tree removals
and thereby maintain, buffering and privacy for the existing adjacent
residential properties to the east and south of the subject lands.
This paragraph raises a number of matters of deep concern and of questionable logic:
a) "A number of trees along the easterly property limit in the vicinity of the proposed
building envelope will be removed to facilitate construction". Is this in addition to
the 36 trees designated for cutting? How many (additional?) trees will be cut on
the easterly property limit, i.e. adjacent to our property?
b) Cutting these trees will cause a loss (an additional loss?) of buffering and privacy
for us;
c) BUT "existing trees on the neighbouring property to the east" will "supplement
tree removals" on the severed property;
d) And "existing trees on the neighbouring property to the east will maintain,
buffering and privacy for the existing adjacent residential properties to the east'
The logic is as follows: existing trees on our own property will buffer our property and
maintain privacy for our property. This is illogical: trees on our property cannot buffer
our property. They are our property. And we, the owners of 697 Glasgow St., are made
responsible for remediating the damages to buffering, privacy, and tree loss caused by
the owners of 709 Glasgow St.
We thus find these claims regarding Tree Management baffling and unsupported.
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Concern 7. Potential contravention of the Ontario Forestry Act Section 10
Our seventh concern is that this statement in the Report 4.1:
A number of trees along the easterly property limit in the vicinity of the proposed
building envelope will be removed to facilitate construction
may suggest a possible violation of the Ontario Forestry Act Section 10 regarding
"boundary trees":
Trees common property. (2) Every tree whose trunk is growing on the boundary
between adjoining lands is the common property of the owners of the adjoining
lands. 1998, c. 18, Sched. 1, s. 21.
Offence. (3) Every person who injures or destroys a tree growing on the
boundary between adjoining lands without the consent of the land owners is
guilty of an offence under this Act. 1998, c. 18, Sched. 1, s. 21.
No evidence is provided regarding specific trees to be cut and if any are "boundary
trees"; without the property line marked, we ourselves are uncertain how which may be
"boundary trees." Further, no information is provided to prove that any boundary trees
are an imminent hazard, which, we believe, is the only admissible reason to "cut down a
boundary tree without the other co -owner's permission."
Concern 8. Inadeauate care for arotected. sianificant. endanaered. at risk saecies
We request an Environmental Impact Study by the applicants as we believe trees,
groundcover, understorey vegetation, wildlife, and species at risk (e.g. salamanders
and bats) may be covered by relevant statutes.
In addition to the protections of the City of Kitchener Official Plan noted above on page
7 (7.C.2.19 Core Natural Heritage Features, i) Significant Habitat of Endangered or
Threatened Species); g) Significant Woodlands, h) Locally Significant Woodlands) we
draw your attention to other relevant statutes:
The Province:
We argue that this definition of Ecological Value in "A Place to Grow - Growth Plan for
the Greater Golden Horseshoe" is germane to an assessment of the overall value of the
Green Belt forest and thus to the potential harm in the request to sever.
The value of vegetation in maintaining the health of the key natural heritage
feature or key hydrologic feature and the related ecological features and
ecological functions, as measured by factors such as the diversity of species, the
diversity of habitats, and the suitability and amount of habitats that are available
for rare, threatened and endangered species.
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Section 4. 1. in the Report states that: "no significant or endangered species were
identified on the property"; however, no details are provided regarding the kind of
investigation which was conducted to support of this conclusion.
As we indicate above, we have regularly seen salamanders and bats on the property,
which we believe are considered rare, threatened and endangered species. We have
not had time to investigate all other possible relevant protected rare, threatened and
endangered species. We therefore request that the applicants conduct a full
environmental review of the proposed severed lot and adjoining properties to ensure
that all relevant species are fully protected in any development.
The Region
Please also note that the sugar maple, ash, black cherry, beech and ironwood on the
subject property are listed as "protected species" under "BY-LAW NUMBER 08-026 OF
THE REGIONAL MUNICIPALITY OF WATERLOO A By-law Respecting the
Conservation of Trees in Woodlands" (page 8).
Woodland: We have sought an expert opinion regarding the possible "woodland" status
of the shaded area in Figure 1 below under Regional bylaws and/or the City of
Kitchener Official plan. The provisional verbal opinion is that it is a woodland; however,
getting a written expert opinion is not possible in the short timeline here.
Until the status of the possible woodland is determined, we request that the Regional
regulations for protected species be maintained for the subject property.
Figure I.
•r4 i „r ,,,,
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Concern 9. Contrary to Growth Plan for the Greater Golden Horseshoe
Our nineth concern is that we believe the proposed severance and building envelope do
not align with the A Place to Grow Plan:
A Place to Grow. Growth Plan for the Greater Golden Horseshoe A Place to
Grow is the Ontario government's initiative to plan for growth and
development in a way that supports economic prosperity, protects the
environmen( and helps communities achieve a high quality of life.
The stated "Vision" for A Place to Grow is "a healthy natural environment with clean air,
land, and water."
We note this Plan prevails where there is a conflict between this Plan and the Provincial
Policy Statement. The only exception is where the conflict is between policies relating to
the natural environment or human health. In that case, the direction that provides more
protection to the natural environment or human health prevails.
Of relevance in A Place to Grow is the statement that:
building compact and complete communities, and protecting ... natural areas
will help reduce greenhouse gas emissions and ensure communities are more
resilient to the impacts of a changing climate.
A Place to Grow - Growth Plan for the Greater Golden Horseshoe further provides that:
Upper- and single -tier municipalities will undertake integrated planning to
manage forecasted growth to the horizon of this Plan, which will, among other
things, d) support the environmental and agricultural protection and
conservation objectives of this Plan,-
4.
lan,
4. Applying the policies of this Plan will support the achievement of complete
communities that:...
f) mitigate and adapt to the impacts of a changing climate, improve
resilience and reduce greenhouse gas emissions, and contribute to
environmental sustainability;
4 Protecting What is Valuable
4.1 Context
The GGH contains a broad array of... lands, features and resources are
essential for the long-term quality of life, economic prosperity, environmental
health, and ecological integrity of the region. They collectively provide
essential ecosystem services, including water storage and filtration,
cleaner air and habitats, and support pollinators, carbon storage,
adaptation and resilience to climate change.
16
Page 100 of 312
We argue that all of these features may be germane to the tract of woodland which will
suffer adverse affects if the proposed building envelope is allowed to proceed.
A provisional verbal expert opinion which we received suggests that A Place to Grow
Plan is relevant in this matter. However, again, we have also not had time to obtain a
complete written expert opinion on this subject.
We therefore submit that the proposed development in the Report may not align with A
Place to Grow. Growth Plan for the Greater Golden Horseshoe A Place to Grow.
ADDENDUM:
We received the Staff Report to the Committee of Adjustment on Friday March 17.
We are relieved to read the "Environmental Planning Comments" section (pp. 8-9),
since the whole sum and substance of our concerns could be addressed by
"require(ing] the proposed new building to be placed in an alternative location
than shown on the sketch for severance" and "ensur(ing] minimal impacts to
trees and or vegetation on the severed parcel."
The possible "alternative location[s]" are, we believe, the ones described on p. 9 above.
Our questions about the Staff Report, as laypersons, are:
Re 5.b.i, ii: is the Tree Preservation and Enhancement Plan made public or can it
be requested by us? Is there an opportunity for the public [us] to have input into
the City's Supervisor before their decision?
Re 6. Is the Tree Preservation Plan made public at this stage and is there an
opportunity for the public [us] to comment or express concerns to the City's
Director of Planning?
Re the "Environmental Planning Comments" section: Does the Committee of
Adjustment have the power to require that "the proposed new building ... be
placed in an alternative location than shown on the sketch for severance"?
If not, what City agent has that power? And again, how can we/the public be kept
informed and have input on this question?
17
Page 101 of 312
From:
To: Committee of Adjustment (SM)
Subject: Comments for 709 Glasgow st severance
Date: Monday, March 20, 2023 1:45:46 PM
I am writing to the Committee of Adjustment about the Consent to Sever a Residential Lot,
709 Glasgow Street.
I wanted to share that I think the removal of so many trees in this urban forest would be
detrimental to the forest overall.
A similar proposal in this forest is ongoing for 400 Westwood dr, where the proposal (after an
initial review from the city) includes rezoning a large portion of the land from R2 ->P2 in order
to indefinitely protect the trees. It would be great to see something along these lines for this
development as well.
Furthermore, this lot already contains the largest cleared area (as far as I can tell) of the
Glasgow st properties. I think any new building on this lot should be in the large field at the
front of the property, not in the woods. Indeed I see that the Staff Report suggests that "the
proposed new building ... be placed in an alternative location" in order to "ensure minimal
impacts to trees and or vegetation on the severed parcel." This seems very sensible and I hope
the committee will choose this course of action.
Andrew Grieve
Page 102 of 312
khnvh 20. 202341
I ZYWHOd SCTACS
2W) Kbg Saw Wm.
Kitchener. Owaric�
POW W/
,Ntiew iow Nfiwil) n N1 it ts
- I t -ca -ower., Cuinmillcc o[,A(�j(wrvIcW
I tic kdlov, lv,,iderlts of t 11.11111611glon Hace. 10whener, do not consent to the Applicalion Rw as Minor
Ad= Aw: IT 20234H 0 wmd A 2-23-037. 709 Glasgo\k Street,
(UNOWNT
Piropicny owners thal hack w)Jlt to) the nordi ;,ide ol"I fimthgton pid a PronnAn ofappnwimatety $20MOO
we cll the" pilrchascd the lot
I hen,w\ HI hm,c, 1a) bc 1111unicrotis traces c"I &)"n to acumnnodate this new house which is not good For the
enviroinnew. t hal Should lie "I bip, Coliccril especiall) in Ihis, dine when everyonc is very Concerned about
OW LOV40111110"L \Vc nccd taw I-awerve Nvhal we hake. 11 \%HI also and! Mw Fkm"md Famm in Me aw va.
lbov am nunwrino small AnGs and hirds Too wnsklcr this area their home,
I hau We abays been sp011 ivQvi-nons Aw properlines. There should not be arl execpdotl lor
d6s W. lie We AIR k" is ow smAl A"Ahe pnqhwed ske hwq% The side yards vvM be loo narrow,
This chajlw!cs 1hc w1h4wiWoml, 11 xvil I It"ver the vahe of Ow pnIcNies on HuWhWhm ITtee.
Prjwac\ aild c\lra nw isc aIro, a cvwt!crn
Page 103 of 312
Vhk \)"M 111c the slast ("d (qher properIN owners alollL' Ghls�,,�ow Street wanting to severtheil. lots ill thc
SAIM! lWfflol',
I 1W F()I 1"(MIMG PROP111,10Y OWNERS OF II)MING'FON PLACE', KITC1,ll"INI"AJ, Mfl,"C"T VO
'I HIII, SFVIIKI-'M,,'JII� 01, 7018 GLAS60"I SYRFIT"I �
vk u
3t,)
- — --------
Page 104 of 312
[ ","( "'A/ I f [ P,/j I [,[lj1�,'
WNW 20, 2023
City of Kitchener
Commit Lee of Adpntment
Leoldited Services,
)00 King Strem Wrst,
Wheneq ChHaHo
N2G 4G7
AlWntbn: KJlmQyn NAHIF,
Secrutary-Treastirer, C4waininitte4a of Adjustnient
rtie C&
isgow Shvet WdenB, KRcheneq do root consent to the ApfAication for a
Minm Viirii-mce hw: H 2023010 and A 2 23030 709 GWWo%v Weet.
CONCTIRNS-
will [1ti.Ive to be numemus Cm es cul dawn to accommodate this new hOUse which is not good for
the en0unmm That shouW be a by corrern especiiiilly in this time when everyone is very concerned
atwut H -ie environment We need to Imesave Wat we have. It ;will also affect the Flora and Fauna in the
area. -There are nunumous smaH a0malk and birds that consider this area their home.
Thee havc,! always been specific requirementM property lines. Thery should riot be! an exception for
thk IM [he ske of the lot is too small for the proposed she house. Me Ode yards wM be too narrow,
this (harrges tl,rre It will lower the value of tire adjacent properties.
[1C' vacy arid extra n(,)ke are as concern,
Page 105 of 312
]"hk wilill he the start of other properly owners along Glasp
gow Street wanting to sever their lots in the
5dVIHI 041HICK'
FOLLOWING PROPERTY OWN ERSOF'671. GLASGOW STREET, KITCHENER, OBJECT TOTH E
SFVFRENC E 011 IQ' 8G I ASGOW 5FREFT.
Page 106 of 312
From:
To: Marilyn Mills; Committee of Adjustment (S)
Subject: Committee of Adjustment application B 2023-010 & A 2023-037
Date: Tuesday, March 21, 2023 8:33:10 AM
Good Morning Ms Mills,
Thank you for the opportunity to respond to the above mentioned application.
I am a resident of Huntington Place who's property backs onto 709 Glasgow St. I signed the
neighbourhood letter opposing this development for the reasons stated in the letter.
The proposed dwelling would be situated on the highest elevation of the property in a densly wooded
area. It would ruin not just the environment but the sight lines from the Huntington Place properties.
Could the home owners consider the low front open area of their property, adjacent to Glasgow Street,
where trees would not be removed and home owner's viewson Glasgow not obstructed.
Thank you
Respectfully submitted,
Page 107 of 312
Page 108 of 312
RE: Committee of Adjustment Agenda item: B 2023-010 & A 2023-037 - 709 Glasgow
Street for May 16th, 2023
Dear Kitchener Committee of Adjustment,
The Committee of Adjustment at its meeting on March 21, 2023 deferred consideration
of this application to allow an opportunity for the applicant to provide alternatives
to the lot fabrication and the location of the proposed building envelope.
The applicant has not submitted alternatives to either lot fabrication or
location of the proposed building envelope.
Meanwhile, the owners of 697 Glasgow Street, adjacent to 709 Glasgow
Street, demonstrate photographically in their submission the presence of
their mature trees immediately beside the property line, and below the
grade, of the proposed building envelope.
Kitchener's tree preservation bylaw has protection for trees on lots >1 acre;
trees on lots <1 acre are currently exempted from such protection, although a
new bylaw is currently under development.
The 709 Glasgow Street property is >1 acre, while both of the 2 proposed new
lots will be <1 acre. Severance without enforcement of tree mitigation
measures will circumvent the Kitchener tree preservation bylaw.
I request that you reject the currently specified severance application to protect
both the 709 and 697 Glasgow mature trees.
Sincerely,
Judy -Anne Chapman, Ph.D., P.Stat.
Page 109 of 312
Lawson/Wyse Submission #2 to the Kitchener Committee of Adjustment
May 5, 2023
Re: Application to sever and minor variance, 709 Glasgow St.
Committee of Adjustment Agenda item: B 2023-010 & A 2023-037
Kate Lawson and Bruce Wyse
In our initial response to the Application, we did not oppose in principle the Applicants' request
to sever and minor variance re 709 Glasgow St.
Now, given the lack of any response by the Applicants to the March 21, 2023 recommendations
of the Committee of Adjustment, we modify our position:
a We request that the Committee of Adjustment deny the Applicants' request to sever
and the minor variance.
Our reasons are listed below.
If, however, the Committee of Adjustment does approve the Application, we request:
• That the Applicants be required by the City to complete an environmental review to
determine the possible presence of protected species (e.g. bats, salamanders, etc.) and
take any remedial action before a Building Permit is issued;
• That the city staff be directed to ensure that, before a Building Permit is issued, the
Applicants ensure that there will be no planned adverse effects to our property
immediately to the east (through drainage, grading, excavation, tree cutting on the
eastern edge of the subject property by the proposed building envelope site, etc.);
• That city staff be directed to ensure that the Official Plan 8.C.2.6 be followed in all
respects before a Building Permit is issued: "The City will ... encourage new development
or redevelopment to incorporate, protect and conserve existing healthy trees and
woodlands in accordance with the Urban Design Policies in Section 11, the Urban Design
Manual and the Development Manual."
1
Page 110 of 312
Rationale for our request that the Committee of Adjustment deny the Application:
1. Tree cutting:
The lack of response to the March 21, 2023 recommendations of the Committee of Adjustment
suggests that largescale tree removal is integral to the Applicants' plan. The Applicants have not
provided any written information as to why the front lawn or the graded driveway area are not
suitable building sites, which was suggested by the Committee of Adjustment.
The Applicants' representative at the March 21 Committee of Adjustment meeting stated that
the choice of the proposed building envelope site was a) to maintain distance from street noise
and b) to have privacy screening by trees. This (approximate) alternative site, shown in orange,
would achieve both goals, we believe. We estimate privacy screening by 40 trees;' the
Applicants could also plant new trees at the front of the property to achieve further noise
reduction and screening. (We estimate 10 trees would need to be cut for this building site.)
A"
1 Trees tagged 1763-1798, 1805, 1808, 1810-11 and 1813.
2
Page 111 of 312
2. The Applicants' proposal will not in any meaningful sense "protect and conserve existing
healthy trees," minimize tree removals, or "maintain appropriate tree coverage" as
required by the Official Plan.
The Applicants quote "Policy 8.C.2.6 [which] speaks to encouraging new development to
protect and conserve existing healthy trees in accordance with Urban Design policies" (p. 19).
They continue: "In this regard, the tree removals have been minimized as much as possible ...
The plan will be further refined in conjunction with the final grading and drainage plan prior to
building permit issuance in order to protect the balance of trees and respect existing buffers
and maintain appropriate tree coverage" (p. 19).
The Applicants enumerate tree loss thus:
i. "It was determined that a total of thirty-six (36) trees will require removal on the
proposed severed lands within the area proposed for the building footprint of the
new dwelling" (p. 11).
ii. "A number of trees along the easterly property limit in the vicinity of the proposed
building envelope will be removed to facilitate construction" (p. 11).
iii. Further, although it is not accounted for in the Report, trees will have to be cut to
accommodate the lengthened driveway.
From a detailed study of the Application, we calculate that 50 out of 69 trees (>_10 cm) will be
cut from the rear of the proposed severed lot if the application is approved.z
This would be cutting 72% of current tree coverage.
We are unable to provide photographic evidence to show what cutting 72% of the forest cover
would look like.
Z Trees from the top of the driveway to the rear of the proposed severed lot are numbered from 1815 to
1890 (p. 30); 6 tagged trees are on our property. This means, we believe, that a total of 69 (larger) trees
are tagged on the rear of the proposed severed lot.
The Applicants state that 36 trees are to be cut "within the area proposed for the building footprint of
the new dwelling"; an undisclosed number of trees are to be cut "along the easterly property limit in the
vicinity of the proposed building envelope"; and an undisclosed number of trees are to be cut for the
driveway extension. Our estimate of undisclosed tree removal is that approximately 14 additional trees
will be cut. Thus, we estimate that (36 + 14 =) 50 out of 69 trees will be removed from the woodland at
the rear of the proposed severed lot.
3
Page 112 of 312
However, here is one instance; we believe this fine stand of healthy mature maple trees will be
entirely cut:
As noted above, the Applicants do not discuss alternative building sites that would in fact allow
"tree removals [to be] minimized as much as possible." They are, as the Committee has already
noted, the graded driveway and the flat lawn area (photographs below). They are available for
building with minimal tree loss. (Note in the photograph to the left: 5 of the 6 trees to the
immediate left of the driveway are on our lot; 1 is, we believe, on the property line.)
We argue that cutting 72% of current tree cover cannot reasonably be said to "protect and
conserve existing healthy trees" or that "tree removals have been minimized as much as
possible:'
We argue that, if a planning process is to be credible and align with relevant City policy, words
such as "protect and conserve" trees and "minimize" tree loss must have meanings. The
Applicants' proposal does not use these terms in any meaningful sense.
4
Page 113 of 312
3. The Application will nullify current City of Kitchener Tree Bylaw protections for
properties >_1 acre that apply to the unsevered lot:
To approve the application for severance removes the tree protections that currently apply to
the unsevered property, that is, the City of Kitchener Tree Bylaw protections for properties of
>A acre.
As POLICY: 1-1160 SUBJECT: TREE MANAGEMENT POLICY states, preserving such woodlands in
the city performs many important functions and adds to the quality of life in the community
2.0 INTRODUCTION The attitude towards the importance of trees has changed to where
they are now appreciated not only because of their aesthetics, but also because of the
functions they perform such as atmosphere purification, acoustical control, privacy
control, recreational use and historical features. They add to the quality of life within
the community and, in some cases, represent the attempt to save the environment.
If the lot is severed, we believe the Applicants could clear-cut the woodland in its entirety and
frustrate the goals and objectives of the City Policy.
4. The Applicants have not provided clear and detailed information with regard to tree loss.
The Applicants' Report states: "Figure 2 illustrates the proposed severance sketch as well as the
trees that are proposed to be removed to accommodate the new single -detached dwelling" (p.
11).
However, Figure 2 is not aligned/overlaid with the Tree Mapping plan (p. 30) and thus does not
illustrate "the trees that are proposed to be removed," but only provides the general outline of
a treed area to be cut.
Further, as noted above, tree loss to accommodate the lengthened driveway is not mentioned
or accounted for.
5. Neighbourhood compatibility
The proposed site development and building envelope site are not compatible with the
immediate and the broader Westmount neighbourhood. The Applicants claim:
"The proposed severance will result in severed and retained lots that will be compatible
with other residential lots in the Westmount Area. The retained and severed lots will
have lot widths, areas, depths and front yard setbacks that fall within the range of the
other lots within the Westmount Area. In addition, the proposed larger front yard
setback from Glasgow Street is in keeping with the existing homes fronting the south
side of Glasgow Street." (p. 5)
5
Page 114 of 312
Front Yard Setback
The "front yard setback" of the proposed severed lot is exceptionally large. We could not find
an exact measurement in the Applicants' report but calculate it at approximately 83 meters.
i. Even the dwelling on the retained lot has a smaller setback, we believe
approximately 79 meters;
ii. 715 Glasgow St. (the house on the south side of Glasgow St with the next largest
setback) appears to have a 70 meter setback;
iii. Other houses on the south side of Glasgow St. typically have a 30-40 meter setback.
iv. Existing homes on the north side of Glasgow St. have even smaller "front yard
setbacks," in the range of 15-30 meters.
V. No evidence is offered of "other residential lots in the Westmount Area" that have a
similarly large front yard setback.
Rear Yard Setback
No mention is made by the Applicants of the rear yard setback in the proposed severed lot. It
will be exceptionally small compared to any other "existing homes fronting the south side of
Glasgow Street." Further, it will be exceptionally small compared to any other existing homes
fronting the north side of Glasgow Street. (See Applicants' Figure 1.)
Neighbourhood Compatibility
Please note that the Kitchener "Urban Design Manual" offers these relevant statements on
neighbourhood "Compatibility":
01.2.7 COMPATIBILITY "New Development in Existing Neighbourhoods":
"New buildings should respect planned and established heights and setbacks in the
neighbourhood.... maintain the rhythm of existing building separations and other
spatial relationships"
12.2.0 BUILT FORM, 12.2.1 COMPATIBILITY:
"Ensure the building is compatible with the existing or planned context and provide
appropriate transitions to neighbouring properties"
The proposed building envelope site does not maintain "established ... setbacks," "existing
building separations and other spatial relationship" with houses on either side of Glasgow St.
It does not provide an "appropriate transition" to our "neighbouring" property to the east.
We conclude that insufficient evidence has been provided to support the Applicants' claim that
the "future residential dwelling will be compatible with the other lots and dwellings within the
Westmount Area, and would be in keeping with the existing lot fabric."
D
Page 115 of 312
6. Damage to our property: Inadequate Tree mapping
The tree mapping on p. 30 does not adequately represent trees on our property to the east and
thus does not adequately represent the possible adverse effects to our property caused by
grading, excavation, drainage, and tree cutting.
As required, only larger trees are tagged and mapped; smaller ones are not, as they do not
meet the mandatory tree size. But smaller trees and saplings are nonetheless significant in our
forest. We want to ensure they are protected as well.
For example, in the photograph to the left, of these three trees on our property, only one is
tagged and mapped by the Applicants, due to size. (Note, we have tried to approximate the
property line with the reflective stake; the proposed severed lot is to the right).
In the photograph to the right, only one of our trees in this area is tagged and mapped by the
Applicants. None of the many saplings are mapped.
We thus argue that using the current tree mapping as the basis for a Building Permit is
inadequate. Many trees on our property may be damaged by the Applicants' plans to grade,
excavate, and cut trees, and no official record of actual tree loss will be available.
7
Page 116 of 312
7. Damage to our property: Inadequate accounting for grade/slope
Our property slopes upwards towards and the slope continues on the proposed severed lot. This
slope has not been accounted for adequately in the plans for the proposed building envelope
site. We believe that grading, excavation, drainage, tree cutting, and building activity will
damage our property.
The grade is difficult to capture photographically, but here are some photos of our property to
try to illustrate it. Looking down from the top of the ridge on our property:
Foreground: tree tag # 1872 Foreground: tree tag # 1873
Photograph to the left: the fence marks the property line at the rear of our respective lots.
Photograph to the right: the reflective stakes are to show the grade (not the property line); the
top stake is in the proposed severed lot.
We thus conclude that the slope of the subject property and of our adjoining property has not
been adequately accounted for in the plans for the proposed building envelope site.
Page 117 of 312