HomeMy WebLinkAboutDSD-2023-302 - A 2023-086 - 59 Graber PlaceStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone -Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: June 30, 2023
REPORT NO.: DSD -2023-302
SUBJECT: Minor Variance Application A2023-086 — 59 Graber Place
RECOMMENDATION:
That Minor Variance Application A2023-086 for 59 Graber Place requesting relief from Section
4.15.7 b) of Zoning By-law 2019-051, to permit accessory outdoor storage areas for a public
utility in a yard abutting a residential zone in accordance with Section 4.18 of Zoning By-law
2019-051, and generally in accordance with drawings prepared by GSP Group, dated October
2022 and, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report to review an application for a minor variance to permit the use of land
in yards abutting residential zones for outdoor storage.
• The key finding of this report is that the minor variance meets the four tests of the Planning Act.
• There are no financial implications.
• Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
City's website with the agenda in advance of the Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on Graber Place between Dreger Avenue and Conestoga
Expressway. The current use of the lands is for a hydroelectric power station which supplies power
to the surrounding neighbourhood.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 182 of 230
Figure 1: Subject Site — 59 Graber PI
Figure 2: Location of Outdoor Storage Areas
The subject property is identified as `Green Areas' on Map 2 — Urban Structure and is designated
`Open Space' on Map 3 — Land Use in the City's 2014 Official Plan.
Page 183 of 230
The property is zoned `Open Space Greenways Zone (OSR-2)' in Zoning By-law 2019-051.
The application is requesting relief from section 4.15.7 b) in Zoning By-law 2019-051 to permit
accessory outdoor storage areas in a yard abutting a residential zone, which is currently not a
permitted use. The minor variance to permit accessory outdoor storage areas in a yard abutting a
residential zone is to allow the storage of hydroelectric -related materials on the subject site. The
minor variance will support the continued operations of the public utility on the subject site.
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated `Open Space' in the City's Official Plan. This designation permits
essential public services, including the current hydroelectric power station. The general intent of the
`Open Space' land use is to provide lands for parks and other open space uses such as public utility
to deliver key infrastructure and services to the City. The minor variance would support the continued
operations of the public utility and the delivery of key services to the Stanley Park neighbourhood.
Staff is of the opinion that the minor variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The subject property is zoned `OSR-2' in Zoning By-law 2019-051. The purpose of the OSR-2 zone
is to provide for green space and buffers as a part of a comprehensive and connected open space
system. The zone permits land uses that are not park or active recreation, but which form part of the
overall open space system. Section 4.15.7 b) states that public utilities may be permitted within any
zone, but accessory outdoor storage shall not be located within any yard abutting a residential zone.
The intent is to ensure adequate separation of uses between the public utility use and the residential
use, and to ensure that the public utility causes minimal interference with the privacy and enjoyment
of neighboring residential properties. In this case, the edge of the property is lined with trees, creating
a privacy barrier between residential dwellings and the subject site. The drawings in `Attachment A'
also show that setbacks between the storage area and residential lot lines range between 40.3 and
67.2 metres, which are large enough to minimize impact of accessory outdoor storage on the
adjacent residential properties. Staff is of the opinion that the minor variance meets the general intent
of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the effect of the variance is minor. The drawings in `Attachment A' show
that the accessory outdoor storage areas are set back at least 40.3 metres and at most 67.2 metres
from adjacent residential properties, which will ensure that noise impacts are minimized. The Owner
will need to ensure that a `Visual Barrier' in accordance with Section 4.18 in Zoning By-law 2019-
051 is provided.
"4.18 VISUAL BARRIER
Where a visual barrier is required, it shall be a minimum height of 1.8 metres above ground
level, and shall be an opaque screen consisting of materials such as a wall, fence, trees, shrubs,
and/or earth berms."
As shown in `Figure 2' above, the property line between the adjacent residential properties is lined
with trees, which will eliminate any visual interferences that the accessory outdoor storage may
Page 184 of 230
present on the neighbouring properties and satisfy Section 4.18. The Visual Barrier will need to be
maintained to ensure the Minor Variance does not become null and void.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land. Building and/or
Structure?
Staff is of the opinion that the variance desirable for the appropriate development of the land. The
accessory outdoor storage will support the continued operation of the hydroelectric power station on
the subject site. The hydroelectric power station is an essential public utility which provides power
to the Stanley Park neighbourhood. The accessory outdoor storage areas are also set back at least
40.3 metres from adjacent residential properties, which will minimize visual and noise impacts on
the adjacent neighbourhood.
Environmental Planning Comments:
Grand River Conservation Authority has noted that some of the proposed outdoor storage is within
the area regulated by the GRCA under O. Reg. 150/06. The proposed outdoor storage is adequately
set back from the natural hazard features. As such, the GRCA has no objection to the approval of
the minor variance application.
Heritage Planning Comments:
No comments.
Building Division Comments:
No comments.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
No comments.
Region of Waterloo Comments:
Although there are no conditions for this application, the staff note that there are noise -sensitive land
uses, specifically the backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related activities. The staff
recommend that the City staff look into this as deemed appropriate.
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
Page 185 of 230
additional information on the City's website or by emailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Conceptual Design_s
59 Graber Place, Kitchener
�ny„au`r. A2l'-�efr'L7af ln�ys.
Attachment A — Site Plan
Page 186 of 230
Region of Waterloo
June 30, 2023
/_1IROTi1Wer
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener,
ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(5) 08 WEBER KIT, 15 DELLROY AVENUE
2296342 ONTARIO INCORPORATED
(12) VAR KIT, 30 AND 40 MARGARET
AVENUE ACTIVA HOLDINGS
Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 076 — 912 Otterbein Court — No Concerns.
2) A 2023 - 077 — 176 Indian Road — No Concerns.
3) A 2023 - 078 — 35 Fifth Avenue — There are no conditions for this application.
However, the owners are advised that the proposed and existing dwelling(s) on
the subject lands would have impacts from the transportation noise in the vicinity.
The owners are responsible for ensuring that the subject development does not
have any environmental noise impacts. In the absence of a detailed noise study,
the staff strongly recommend that all dwelling units be installed with air -ducted
heating and ventilation system, suitably sized and designed for the provision of
central air conditioning. This will avoid retrofit at any later application stage, e.g.
Consent/Condo.
There are no airport -specific concerns for the proposed development. However,
the owners are advised that the subject lands are located within the Airport
Zoning Regulated area and specifically under the runway take-off/approach
surface; and, as such, subject to all provisions of the Airport Zoning Regulations.
4) A 2023 - 079 — 55 Rockcliffe Drive — No Concerns.
Document Number: 4421509
Page 1 of 3
Page 187 of 230
5) A 2023 — 080 — 15 Dellroy Avenue — The Regional staff do not support this
minor variance application. Any structures within the Daylight Triangle (DLT)
and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the
Region), will not be allowed. The buildings and the site must be designed
accordingly.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the
Region of Waterloo Zoning Regulated Area, specifically under the Take-
off/Approach Surface for Runway 08. Using the Region of Waterloo International
Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-vkf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m
Above Sea Level (ASL), the maximum building height is 75.5m based on a
maximum ground level of 324m ASL. Please ensure that the building heights for
the proposed development comply with the Region of Waterloo Airport zoning and
height restrictions. The Region of Waterloo International Airport AZR also
regulates any construction of towers/cranes for a proposed development. Any
proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
6) A 2023 - 081 — 333 Pine Valley Drive — No Concerns.
7) A 2023 - 082 — 685 Frederick Street — No Concerns.
8) A 2023 - 083 — 15 Kenora Drive— No concerns/conditions for this application. Staff
note that the subject lands are located within the Airport Zoning Regulated area
and specifically under the runway take-off/approach surface; and, as such,
subject to all provisions of the Airport Zoning Regulations.
9) A 2023 - 084 — 151 Frederick Street — There are no conditions for this application.
However, the applicants are advised that they are responsible for ensuring that
the proposed development does not have any environmental noise impacts (both
on-site and off-site).
10) A 2023 - 085 — 920 Keewatin Place — No Concerns.
11) A 2023 — 086 — 59 Graber Place — Although there are no conditions for this
application, the staff note that there are noise -sensitive land uses, specifically the
backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related
activities. The staff recommend that the City staff look into this as deemed
appropriate.
2
Page 188 of 230
12) A 2023 — 087 — 30-40 Margaret Avenue — 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
CofA(a)Kitchener. ca
3
Page 189 of 230
June 29, 2023
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
GRCA File: A2023-086 — 59 Graber Place
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Dear Marilyn Mills,
Re: Application for Minor Variance A2023-086
59 Graber Place, City of Kitchener
Enova Power Corp.
via email
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor
variance application.
Recommendation
The Grand River Conservation Authority (GRCA) has no objection to the proposed
minor variance application.
GRCA Comments
GRCA has reviewed this application under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a regulatory authority under Ontario Regulation 150/06, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the subject property contains
the regulated allowance adjacent to a watercourse, floodplain, and wetland. A copy of
GRCA's resource mapping is attached.
Due to the presence of the features noted above, a portion of the property is regulated
by the GRCA under Ontario Regulation 150/06 - Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development or other alteration within the regulated area will require prior written
approval from GRCA in the form of a permit pursuant to Ontario Regulation 150/06.
The proposed minor variance application requests permission to allow outdoor storage
in the areas identified in the circulated sketch (Conceptual Design, dated October 2022,
prepared by GSP Group). Some of the outdoor storage is within the regulated area but
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 190 of 230
the storage is adequately setback from the adjacent natural hazard features. As such,
the GRCA has no objection to the approval of the minor variance application.
Consistent with GRCA's 2023 approved fee schedule, this application is considered a
`minor' minor variance and the applicant will be invoiced in the amount of $300.00 for
the GRCA's review of this application.
For Municipal Consideration
Please be advised that on January 1, 2023, a new Minister's regulation (Ontario
Regulation 596/22: Prescribed Acts — Subsections 21.1.1 (1.1) and 21.1.2 (1.1) of the
Conservation Authorities Act) came into effect. As a result, non -mandatory technical
review services that the GRCA formerly provided under agreement with some
municipalities (e.g., technical reviews related to natural heritage and select aspects of
stormwater management) will no longer be provided.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@g randriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Mapping
Copy: Enova Power Corp. (via email)
Brandon Flewwelling, GSP Group (via email)
Page 191 of 230
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