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HomeMy WebLinkAboutCA Agenda - 2023-08-15 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: Arwa Alzoor, Planning Technician (Site Development) 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 22, 2023 REPORT NO.: DSD-2023-292 SUBJECT: Minor Variance Application A2023-084 - 151 Frederick Street RECOMMENDATION: That Minor Variance Application A2023-084 for 151 Frederick Street requesting relief from Section 5.6B a) of Zoning By-law 85-1 to allow a restaurant patio to be located 22 metres from Residentially zoned property instead of the minimum required 30 metres, to facilitate adding an outdoor restaurant patio in the exterior side yard of a building that contains an existing restaurant use, generally in accordance with drawings prepared by Dfy Studio, dated May 12, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of a minor variance to facilitate adding a restaurant patio in the exterior side yard of an existing building with a restaurant use. The key finding of this report is that the requested minor variances meet the 4 tests of the Planning Act. There are no financial implications. 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 This report supports the delivery of core services. BACKGROUND: The subject property is located west of Lancaster Street East on Frederick Street. It currently contains a mixed-use commercial building and a restaurant on the under-ground/ground floor. The subject property is identified as a Major Transit Station Area Urban Structure and High Density Commercial Residential20 Central Frederick Neighbourhood Plan - Secondary Plan 1994 Official Plan. Commercial Residential Three Zone CR-3 (125U-law 85-1 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 - Aerial image of the subject Figure 2 - Location on the zoning map property The purpose of the application is to add a restaurant patio in the exterior yard of an existing building for use by an existing restaurant. The restaurant patio is proposed to be located 22 metres from Residentially zoned property rather than the required 30.0 metres in Zoning By-law 85-1. th Planning staff conducted a site inspection on Friday, June 30, 2023 Figure 3 - The front view of the building, which will contain the proposed restaurant patio Figure 4 - The location of the proposed patio 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 It is the intent of the High Density Commercial-Residential designation to allow redevelopment for multiple dwellings and limited commercial use at high densities. Permitted commercial uses are restricted to offices, office support services, restaurants, medical laboratories, funeral homes, financial establishments, day care facilities, health offices, health clinics, parking facility, club facilities, tourist homes, studios, religious institutions, educational establishments, a limited amount of personal services and convenience retail. Land uses may be segregated in separate buildings or integrated in a mixed use development. Staff is of the opinion that the requested variance maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the Zoning regulation, to regulate the distance a restaurant patio can be located from a residential zone, is to provide protection from noise, increased restaurant traffic and provide privacy protection to the residential area. The proposed patio will be located 22 metres from the residential properties on Irvin Street, which in the opinion of staff be of sufficient distance to provide for noise control and maintain privacy. Based on the above, the variance will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposed restaurant patio will be located 8.0 metres closer than the required distance to the residential zone (30 metres). The existing parking garage structure to the building will also provide a barrier between the proposed patio and the residentially zoned property and will assist in regulating the traffic to and from the property. Staff consider the requested variances to be minor as there will be no impact on abutting properties, and the location of the restaurant is existing. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff consider the variances to be desirable and appropriate as they will facilitate the addition of an outdoor patio for an existing restaurant on the subject property. Staff are satisfied that the location of the patio is in an appropriate location on the subject property. Environmental Planning Comments: There are no trees or natural features/functions on site. No concerns. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 151 Frederick Street is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance. Application has been made for the outdoor patio for a restaurant is currently under review. Engineering Division Comments: No comments Parks/Operations Division Comments: No concerns, no comments Transportation Planning Comments: Transportation Services have no concerns with the proposed application Region of Waterloo Comments: 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). Grand River Conservation Authority Comments: 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, permission from GRCA is not required. 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 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 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) Map 20 Central Frederick Neighbourhood Plan - Zoning By-law 85-1 June 30, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (5) 08 WEBER KIT, 15 DELLROY AVENUE Kitchener, 2296342 ONTARIO INCORPORATED ON N2G 4G7 (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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЋЊЎЉВ tğŭĻ Њ ƚŅ Ќ 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-ykf/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 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@Kitchener.ca 3 June 29, 2023via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting July18, 2023 Applications for Minor Variance A 2023-077176 Indian Road A 2023-07835 Fifth Avenue A 2023-07955 Rockcliffe Drive A 2023-08015 Dellroy Avenue A 2023-081333 Pine Valley Drive A 2023-082685 Frederick Street A 2023-08315 Kenora Drive A 2023-084151 Frederick Street A 2023-085920 Keewatin Place A 2023-08730-40 Margaret Avenue Applicationsfor Consent B 2023-02597 Second Avenue B 2023-02630-40 Margaret Avenue Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 28, 2023 REPORT NO.: DSD-2023-341 SUBJECT: Minor Variance Application A2023-088 52 Earl Street RECOMMENDATION: That Minor Variance Application A2023-088 for 52 Earl Street requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard setback of 5.5 metres instead of the minimum required 7.5 metres, to facilitate the construction of an addition to the rear of the existing single detached dwelling, generally in accordance with drawings prepared by Imagine Inc., dated June 15, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a proposed addition to the rear of an existing single detached dwelling. 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 agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is a rectangular corner lot located at the intersection of Earl Street and Claremont Avenue. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 Aerial Photo of Subject Property Community Areason Map 2 Urban Structure and is on Map 3 Low Rise Residential Two Zone (RES-2and is located within Established Neighbourhood -law 2019-051. The purpose of the application is to review a minor variance application to facilitate the construction of a proposed addition attached to the rear of an existing single detached dwelling. The proposed one-storey addition will provide an extension of the existing kitchen space and new sitting area, as well as an uncovered deck is also proposed at the rear of the new addition. The addition is proposed to be 24 square metres in area, and 4.9 metres in height. The existing rear yard setback from the subject property is approximately 9.1 metres, and the proposed addition has a length of 3.6 metres, which would reduce the rear yard setback to 5.5 metres. Accordingly, a minor variance is requested to permit a rear yard setback of 5.5 metres, instead of the minimum required 7.5 metres indicated in Section 7.3, Table 7-2 of Zoning By-law 2019-051. A minor variance is not required for the proposed uncovered deck as it will comply with the Zoning By-law. Figure 2 Proposed Site Plan Staff visited the subject property on July 26, 2023. Figure 3 Front View of Subject Property Figure 4 Rear Yard of Subject Property, Proposed Location of Addition 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 Land Use. This designation places emphasis on compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the existing use and proposed one-storey addition conforms to the land use designation. Accordingly, the variance to facilitate the addition will meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the rear yard setback requirement is to ensure that there is an adequate separation from adjacent properties with respect to privacy concerns, and that there is appropriate amenity space for residents. It is the opinion of staff that the requested 5.5 metre setback will still provide adequate privacy from adjacent property and an adequate amenity area. With the subject property being a corner lot, the existing provision of amenity space is enhanced. The variance to permit a reduced rear yard setback for a one-storey addition will meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance is minor, as any privacy concerns related to adjacent properties are minimal,the reduced rear yardsetbackdoes not have any significant impacts to adjacent properties or the overall neighbourhood. The proposed uncovered deck at the rear of the addition will comply with Zoning By-law 2019-051. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variance to reduce the minimum rear yard setback is appropriate for the desirable development of the lands as it will facilitate the expansion of interior living space on the main floor of the dwelling, increasing the functioning and desirability of the residential property. Environmental Planning Comments: Environmental Planning has no concerns. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 52 Earl St. is located within the Westmount East & West Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering Division has no concerns with this application. Parks/Operations Division Comments: Parks/Operations Division have no concerns with this application. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns with this application. Grand River Conservation Authority Comments: The GRCA have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 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 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 20,2023 REPORT NO.: DSD-2023-325 SUBJECT: Minor Variance Application A2023-089 - 204 Fifth Avenue RECOMMENDATION: That Minor Variance Application A2023-089 for 204 Fifth Avenue requesting relief from Section 4.12.2 e) of Zoning By-law 2019-051 to permit a lot width of 10.6 metres instead of the minimum required 13.1 metres, to facilitate an Additional Dwelling Unit (ADU) (Attached) to the existing single detached dwelling with an Additional Dwelling Unit (ADU) (Attached) (a Duplex) to have building with 3 dwelling units in total (a Triplex), generally in accordance with drawings prepared by RT Architects, dated September 2022, BE APPROVED subject to the following conditions: 1. That the Owner modify the existing driveway to provide a driveway and a distinguishable walkway in compliance with Zoning By-law 2019-051, generally in accordance with the proposed site plan submitted with Minor Variance Application A2023-089, by August 15, 2024. 2. There is an existing City-owned street tree located on the boulevard at 204 Fifth Ave that could be impacted by the proposed construction of the new sidewalk/driveway. The sidewalk/ driveway shown on the proposed site layout must be revised to fully protect the existing tree to City standards. 3. Any request for a time extension must be approved in writing by the Manager of Development Review prior to the completion date set out in Condition No. 1. Failure to complete the condition(s) will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to allow for one new Additional Dwelling Unit (ADU) (Attached) in existing single detached dwelling with Additional Dwelling Unit (ADU) (Attached) to have 3 dwelling units in the existing building on the subject property. The key finding of this report is that the requested minor variance meets the 4 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located north of Wilson Avenue and west of Fairway Road South. It currently contains a two-story single detached dwelling with an Additional Dwelling Unit (ADU) (Attached) and an attached garage. The purpose of this application is to allow for a second Additional Dwelling Unit (ADU) (Attached). Figure 1: The proposed property on the Zoning Map Figure 2: The proposed property on an aerial view The subject property is identified as a Community Area Urban Structure and is designated as a Low Rise Residential Plan. --law 2019- 051. The purpose of the application is to facilitate one Additional Dwelling Unit (ADU) (Attached) (to create a Triplex) in an existing single detached dwelling with one Additional Dwelling Unit (ADU) (Attached) (Duplex) where the minimum lot width does not meet the minimum required in Zoning By-law 2019-051. To permit minimum lot width of 10.6 metres instead of the minimum required 13.1 metres. The maximum driveway width, in this case, is 40% of the lot width, which is 4.2 metres. No increase in driveway width is proposed or supported in this proposal. The existing driveway will need to be modified in order to comply with Zoning By-law 2019-051. Figure 1: The proposed Site Plan drawing th Planning staff conducted a site inspection on Friday, July 28, 2023 Figure 4: The front elevation showing the left side yard Figure 5: The front elevation showing the right side yard. Driveway to be 4.2 metres maximum as per the drawing Figure 6: Aerial view showing the amenity space in the rear yard. REPORT: PlanningComments: 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 iplaces emphasis on accommodating a full range of low density housing type which includes single detach dwelling with additional units attached. The city will encourage and support the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. The City will support the addition of an additional dwelling unit(s), attached, within a residential unit, where desirable and appropriate unless - law, in order to provide another housing option to Kitchener homeowners and residents. Therefore, the proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the lot width regulation is to ensure the use of the property for additional dwelling units has sufficient amenity space, landscaped area, fire emergency access, and parking. The subject property has a lot area of 430 square metres, which is 35 square metres greater than the minimum required 395 square metres. Also, as the lot and proposed use can accommodate a sufficient amenity area, fire emergency access and parking. Planning staff are satisfied that the width of the lot meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The additional dwelling unit is proposed to be accommodated in the existing building on an existing lot. The existing property is 2.4 metres less than the required lot width, but the lot area is larger than the minimum required 395 square metres. As the required rear yard (amenity area), the required side yards (access) and 3 required parking spaces can be met and accommodated on the lot, the effects of the minor variance for a reduced lot width can be considered minor. Planning staff are aware that a tandem parking for 3 required parking spaces may cause impacts to the functioning of the parking arrangement on the subject property, its residents/tenants and the neighbourhood; however, this is a parking arrangement that is permitted by the Planning Act. The provision of parking and its arrangement/configuration on the property is not the subject of the minor variance application. The maximum permitted driveway width for this property is 40% of the lot width, which is 4.2 metres. A 5.2 metre wide driveway, that can provide side by side parking, is not permitted by the Zoning By-law. Modifications to the existing driveway will need to occur in order for it to be in compliance with Zoning By-law 2019-051. Staff is of the opinion that the effects of the requested variance to permit a reduced lot width are minor; however,note that in practicalitythe parking arrangement of 3 tandem parking spaces may impact existing/future residents/tenants. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance to allow a reduction in lot width is desirable and appropriate as it allows for a gentle intensification of the subject property, will make use of existing infrastructure, and Environmental Planning Comments: No concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: There is an existing City-owned street tree located on the boulevard at 204 Fifth Ave that will be impacted by the proposed construction of the new sidewalk/driveway. The sidewalk/ driveway shown on the proposed site layout should be revised to fully protect the existing tree to City standards. If the tree cannot be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law, full compensation and replacement is expected. A Tree Protection and Enhancement Plan (TPEP) will be required as part of a Curb Cut Permit and/or Building Permit application, please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No comments. Grand River Conservation Authority Comments: 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, permission from GRCA is not required. 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 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 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 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From: To:Committee of Adjustment (SM) Subject:Fwd: Unit concerns Date:Wednesday, August 2, 2023 7:41:48 PM Sent from On Aug. 2, 2023, at 7:37 p.m., David Khoo > wrote: To whom it may concern. We have been asked to address any concerns regarding the addition of a unit to our building. Our Main concern is regarding parking. Currently our lease allots us the garage space and an additional space in the driveway. We intend to continue to occupy both of our spaces and our neighbors currently use three additonal spots. Unless significant parking space is added the current "parking shuffle" given all of our different schedules is difficult enough as it is. It will be nearly impossible to accommodate added vehicles particularly because Madison and I are on rotating night and day shifts. Waking neighbors up at 4 am when we get home to move cars is not a realistic option. From: To:Committee of Adjustment (SM) Subject:204 fifth ave kitchener rental property Date:Wednesday, August 2, 2023 8:03:28 PM You don't often get email from . Learn why this is important To whom it may concern, We live next door at We have received the plans for 204 Fifth Avenue kitchener. Our concerns about the duplex turning into a triplex is parking,garbage,recycling.Currently there are 5 cars parking with the upper and lower tenants now,there wouldn't be any more parking spots available for additional tenants. Best Regards,Rosanne Berwick Sent from From: To:Committee of Adjustment (SM) Cc: Subject:204 Fifth Avenue 2023-89 Date:Thursday, August 3, 2023 9:22:43 PM You don't often get email from . Learn why this is important Dear Community of Adjustment, I am writing this on behalf of my wife, Jennifer, and myself in regards to the rental property of 204 Fifth Avenue. We have been the owners and residents of for nearly 12 years. We would like our concerns voiced involving the duplex of 204 Fifth Avenue. Currently the residents do not have adequate parking accommodations for the two rental units. Turning the building into a triplex will result in increased volume of vehicle, foot traffic, garbage , recycling and rodents. We have needed to bring in our own pest control over the past 2 years since the original building was demoed . The owner of the property does not maintain or provide proper garbage containment for the renters. The driveway currently is dangerous and does not have a proper retaining wall which has caused water and soil runoff to accumulate onto our property. We would like to request a new blueprint of the new driveway and parking in question. Regardless, the owner of 204 Fifth Avenue should be providing the renters of the property a safe, healthy, and quiet home, as we wish that for all of our neighbours. There is also a concern that us and the other adjacent resistant's property value will be affected by a triplex property be allowed at this location. One other concern is also snow removal. Last winter was already a struggle with limited space for the snow removal which will be even more of a concern if addition parking is added to the property. Thank you for addressing our concerns. Sincerely, John and Jennifer Allensen July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Joanne McCallum, Coordinator, Planning & Zoning Services, 519-741-2200 ext. 7075 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-345 SUBJECT: Minor Variance Application A2023-091 181 Weber St. E. RECOMMENDATION: That Minor Variance Application A2023-091 for 181 Weber Street East requesting relief from the following sections in Zoning By-law 85-1: i) Sections 5.6A.4 d), 44.3.2 and 39.2.1 to permit a front yard setback of 2.6 metres instead of the minimum required 3.8 metres to facilitate the reconstruction of a covered front porch and a second storey addition; and ii) Section 44.3.2 and Section 39.2.1 to permit a rear yard setback of 6.8 metres instead of the minimum required 7.5 metres to facilitate the construction of a rear yard, single storey addition; generally in accordance with the drawings prepared by Eagleview Construction, dated June 26, 2023, submitted with Minor Variance Application A2023-091, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit the reconstruction of a covered front porch and second storey addition; and to permit the construction of a rear yard, single storey addition. The key finding of this report is that the requested variances meet the 4 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 Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. This report supports the delivery of core services. BACKGROUND: The subject property is located at 181 Weber Street East, near the corner of Weber Street East and Betzner Avenue North. The current use of the building is a single detached dwelling. Figure 1: Location of Subject Property Figure 2: Photo of the Front of the House Urban cial Policy Area on Map 10 King Street special policy that is applicable to the redevelopment of lands fronting onto side streets running south of Weber Street East and is not applicable to this minor variance application. --law 85-1. The application is requesting relief from Section 5.6A d) and Section 39.2.1 of Zoning By- law 85-1 to permit a front yard setback of 2.6 metres rather than the minimum required 3.8 covered front porch using the same footprint. The existing porch has been noted to have structural insufficiencies and is required to be rebuilt to meet current Building Code requirements. To facilitate the construction of a small home office space, the applicant is planning is to enclose half of the existing second floor balcony above the reconstructed front porch. The application is requesting relief from Section 44.3.2 and Section 39.2.1 of Zoning By-law 85-1 to permit a front yard setback of 2.6 metres rather than the minimum required 3.8 metres for lands identified i To facilitate the construction of a family room and powder room on the ground floor at the back of the existing dwelling, the application is requesting relief from Section 44.3.2 and 39.2.1 of Zoning By-law 85-1 to permit a rear yard setback of 6.8 metres rather than the minimum required 7.5 metres. Staff recognize that this is an older property, and many driveways are located on the property line. If this becomes an issue in the future, it will be a matter to settle between neighbours. According to details noted on the survey, there are no easements on this property. It is recommended that the property owners get an easement for the use of the shared driveway. Figure 3: Proposed Site Plan showing front and rear yard alterations 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 Street East Neighbourhood Plan for Land Use under the 1994 Official Plan (OP). Low Density Commercial Residential areas are intended to support a mix of residential uses including single detached dwellings, as well as some commercial uses. The subject property is also located in a Major Transit Station Area (MTSA) in the 2014 Official Plan. MTSAs provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels. Developments within MTSAs provide connectivity of various modes of transportation to the transit system and have streetscapes and a built form that is pedestrian-friendly and transit-oriented. Staff is of the opinion that the proposed variances to reduce front and rear yard setbacks for a single detached dwelling maintain the general intent of the Official Plan. General Intent of the Zoning By-law Residential One Zone (CR--law 85-Residential Intensification in Established Neighbourhoods Study (RIENS) Area is to ensure any new buildings or additions to buildings will blend in with the surrounding neighbourhood. The subject property and its abutting properties have similar front yard setbacks to the principal dwelling, as well as the projections of the front porches. Staff is of the opinion that a front yard setback of 2.6 metres rather than the minimum required 3.8 metres to facilitate the reconstruction of the front porch and construct a small second storey addition above the reconstructed porch is in keeping with the general intent of the Zoning By-law as the alterations will still maintain similar setbacks to the adjacent properties. Figure 4: Image showing adjacent property dwelling and porch setbacks The intent of the 7.5 metre rear yard setback is to allow for adequate amenity space and maintain privacy and separation from abutting properties. The addition to the back of the dwelling will comply with side yard setbacks. The addition will be a single storey addition and will have minimal impact to abutting properties. Staff is of the opinion that the rear yard setback of 6.8 metres will provide sufficient amenity space and continue to maintain privacy and separation from abutting properties. Is/Are the Effects of the Variance(s) Minor? The front yard alterations will be keeping in line with the front yard and porch setbacks of the adjacent properties. The rear yard setback will continue to accommodate adequate amenity space and separation from abutting properties. Staff is of the opinion that the reductions of the front yard and rear yard setbacks are minor. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variances to reduce the minimum front and rear yard setbacks are appropriate for the desirable development and use of the lands as they will facilitate the construction of a family room and powder room on the ground floor, home office space on the second floor; thereby expanding the interior living space of the dwelling and increasing the functioning and desirability of the residential property. Environmental Planning Comments: There is a conifer tree in the rear yard of the subject property that may be impacted with the construction of the addition. The applicant is advised to ensure the rear yard conifer is not in shared ownership. If it is in shared ownership the owner is suggested to follow the practices of the Tree Management Policy to be a good neighbour. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 181 Weber St. E. is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comment. Parks and Cemeteries Comments: No concerns, no comments. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: GRCA has no objection to the approval of the application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The property is not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Region of Waterloo Comments: There are no concerns for the application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05 metres may be required to comply with the ROP Designated Road width of 26.213 metres, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 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 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 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 (1994) Official Plan (2014) Zoning By-law 85-1 ATTACHMENTS: Attachment A Survey Attachment B Existing and Proposed Site Plan Attachment C Existing and Proposed Basement, Floor and Roof Plans Attachment D Existing and Proposed Elevations Attachment A - Survey Attachment B Existing and Proposed Site Plan Attachment C Existing and Proposed Basement, Floor and Roof Plans Attachment D Existing and Proposed Elevations July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 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 6 DATE OF REPORT: July 31, 2023 REPORT NO.: DSD-2023-338 SUBJECT: Minor Variance Application A2023-092 68 Rushbrook Drive RECOMMENDATION: That Minor Variance Application A2023-092 for 68 Rushbrook Drive requesting relief from Section 5.3.3 a) ii) of Zoning By-law 2019-051, to permit two (2) parking spaces to be located within 6 metres of the property line instead of the maximum permitted one (1) parking space, to facilitate the conversion of the existing Single Detached Dwelling into a Single Detached dwelling with two (2) Additional Dwelling Units (ADU) (Attached) (a Triplex dwelling), generally in accordance with drawings prepared by Pawandeep Grewal, dated March 9, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit two of the three required parking spaces to be located side-by-side within the front driveway to facilitate a triplex use of the existing building. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on Rushbrook Drive between Erinbrook Drive and Thistledown Drive. The existing use of the property is a single detached dwelling. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 Location of Subject Property Figure 2 Existing Driveway Community Areas Urban Structure and is Low-Rise Residential Low-Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application is to permit an additional parking space within 6.0 metres of the front lot line so that the minimum parking requirements can be met to facilitate a triplex use of the single detached dwelling on the subject property. The location of the two parking spaces that will be located within 6.0 metres of the front lot line is shown in Site Plan The existing driveway will be widened by 1.22 metres in order to facilitate two parking spaces to locate within the driveway. A Curb Cut and Driveway Widening Permit has already been issued by the City, dated February 28, 2023. The Curb 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 intent of this designation is to emphasize the compatibility of building form with respect to massing, scale and design in order to support the successful integration of different building types. This includes the conversion of existing single detached dwellings to multiple dwellings, including triplexes. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. Staff is of the opinion that the requested variance to permit two (2) parking spaces within 6.0 metres of the front lot line to facilitate the use of the property for a triplex meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Section 5.3.3 a) ii) of Zoning By-law 2019-051, which permits only one (1) parking space within 6.0 metres of the front lot line, is to ensure that the front yard of residential lots do not primarily function as parking areas. A curb cutting and driveway widening permit has been issued by the City, which permits a driveway width of 5.48 metres, where the existing driveway width is 4.22 metres. The drawings associated with A driveway width of 5.48 metres is less than 50% of the lot width, as prescribed by Section 5.4, Table 5-2 of Zoning By-Law 2019-051, and is less than the maximum permitted 8.0 metres as prescribed by Section 5.4 f) of Zoning By-Law 2019-051. After the permitted curb cutting and driveway widening, the property will be able to accommodate two parking spaces within 6.0 metres of the front lot line while providing adequate landscaped area in the front yard. Staff is of the opinion that the requested variance to permit two parking spaces within 6.0 metres of the front lot line 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 effects of the requested variance to permit two parking spaces within 6.0 metres of the front lot line is minor. The requested variance will not have any visual impacts on neighbouring properties or the existing neighbourhood character. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion thatthe variance is desirable and appropriate for the use of the property as it will facilitate the conversion of the building on the subject property into a triplex supporting a gentle intensification of the property, will make use of existing infrastructure, Environmental Planning Comments: GRCA has no concerns with this application. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: There is an existing City-owned street tree located on the boulevard at 68 Rushbrook Dr that will be impacted by proposed construction of the new driveway. The driveway shown on the proposed site layout should be revised to fully protect the existing tree to City standards. If the tree cannot be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law, full compensation and replacement is expected. A Tree Protection and Enhancement Plan (TPEP) will be required as part of a Curb Cut Permit and/or Building Permit application, please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement Planning Response A Curb Cut and Driveway Widening Permit was issued by the City, dated February 28, 2023. Impacts to any existing City-owned street trees have already been reviewed through this process. The applicant is not intending to widen the driveway any further than the approved Curb Cut and Widening Permit. The Curb Cutting/Driveway Widening Permit is Transportation Planning Comments: Transportation Services support a 3.74 metre parking setback from the required 6.0 metre setback. 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 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 i 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: Attachment A Site Plan Attachment B Curb Cutting/Driveway Widening Permit Attachment A Site Plan 79!Svticsppl!Es!`Qspqptfe!Dvsc!Dvu!0!Esjwfxbz!Xjefojoh +\[POJOH!ESBXJOH!POMZ!.!OPU!B!QFSNJU+ OPUFT; 2/!Foujsf!esjwfxbz!up!cf!pof dpotjtufou!tvsgbdf!nbufsjbm/ Ofx!xjefofe 3/!Op!pgg.tjuf!)Djuz!qspqfsuz* qpsujpo/ xpsl!jt!bmmpxfe!cfgpsf qfsnju!jt!jttvfe!cz Fohjoffsjoh/ Sfrvjsfe!njojnvn 2/3n!tjef!zbse 2/31!n tfucbdl/ 6/59!n Upubm!ofx!esjwfxbz!up cf!6/59n!jo!xjeui 5 /37!n xjui!nbudijoh!dvsc dvu/ Fyjujoh!esjwfxbz!pg 5/37n!xjeui!boe nbudijoh!dvsc!dvu/ 5 /37 !n 6/59!n Mfhfoe Ofx!xjefofe qpsujpo!boe!dvsc Fyjtujoh dvu/ Qspqptfe Ep!opu!tdbmf!jnbhf<!nfbtvsfnfout!bsf!bqqspyjnbuf!boe!cbtfe!po!Djuz!pg!Ljudifofs!PoQpjou!Nbqqjoh Bqqmjdbou;!!Lbnbmkju!Nbohbu Mpu!Xjeui;!26/:2n Qipof;!337.919.2823 Fyjtujoh!Esjwfxbz!Xjeui;!5/37n Qspqptfe!Esjwfxbz!Xjeui;!6/59n Fnbjm;!!lbnbmtnbohbuAhnbjm/dpn! Nbyjnvn!Esjwfxbz!Xjeui;!!8/:n Qspqptfe!Dvsc!Dvu!Xjeui;!6/59n )61&!pg!mpu!xjeui!xjui!sfrvjsfe!tfucbdl!gps Cjmmjoh!Beesftt;!383!Pme!Ivspo!Se SFT.3!{pojoh* Ljudifofs!PO!O3S!2Q9 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward(s) DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-350 SUBJECT: Minor Variance Application A2023-093 - 460 Highland Rd. W. RECOMMENDATION: That Minor Variance Application A2023-093 for 460 Highland Road West requesting relief from Section 9.3, Table 9-2, of Zoning By-law 2019-051 to permit a side yard setback of 0.9 metres instead of the minimum required 3 metres to facilitate the construction of an addition onto the front of the existing building in accordance with Site Plan Application SP22/133/H/TZ, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance to permit the construction of an addition onto the front of the existing building. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is in the Victoria Hills Neighbourhood with the nearest intersection at Westmount Road West and Highland Road West and south of Filsinger Park West. Community Node Urban Structure and is Commercial The General Commercial (COM-2-law 2019-051. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. A minor variance was granted by the Committee of Adjustment in June of 1994 to Zoning By-law 85-1 to permit the existing building to have an interior side yard setback of 0.9 metres. The applicant would like to construct an 2.2 metre by 5.4 metre addition at the front of the existing building having an area of 11.9 square metres. The addition is proposed to be in line and maintain the same setback as the existing building. In order to facilitate this, a minor variance is required as Zoning By-law 2019-051 also requires a building to be setback 3 metres from a side lot line. th City staff has conducted a site visit on July 28, 2023. Figure 1: Site location Figure 2: Front view of building during site visit Figure 3: Proposed addition is highlighted (grey box) 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 Urban Structure, and Community Nodes in the Official Plan supports commercial uses necessary to serve and complete the surrounding residential communities. i residents, employees, businesses, and visitors. The existing use of a car wash is a property is intended to complement the services offered at this business. The proposed variance conforms to the designation, and staff is of the option that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Staff is of the opinion that the proposed addition meets the general intent of the Zoning By- law. -2), the purpose of this Urban Corridors; and Community and City Nodes. The intent of the side yard setback is to provide adequate distance between adjacent buildings for privacy. The adjacent property is functioning as a commercial plaza, the building adjacent to the proposed addition does not have any windows that would impact privacy concerns. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance is minor in nature and is not expected to create unacceptably adverse impacts on the subject property or to adjacent lands. The ill complement the services provided at the car wash business. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable for the appropriate development and use of the property as the addition will support and enhance the continued operation of the car wash business at 460 Highland Road West. Environmental Planning Comments: No natural heritage issues. Any tree concerns have been addressed through Site Plan Application SP22/133/H/TZ. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing commercial building is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: Parks and Cemeteries concerns and requirements have been addressed through Site Plan Application SP22/133/H/TZ Transportation Planning Comments: Transportation Services have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM This 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 par 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 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email GRCA File: A2023-093 460 Highland Road West 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 A 2023-093 460 Highland Road West, City of Kitchener McCrory Associates Ltd. 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 Schneider Creek, floodplain, and valley slopes. A copy of 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 a reduced side yard setback to facilitate an addition to the front of the existing building. The proposed addition is outside of the regulated area and we do not anticipate any impacts to the adjacent natural hazard features. As such, the GRCA has no objection to the approval of the minor variance application. 2023approved fee schedule, this application is considered a andthe applicant will be invoiced in the amount of $300.00for ForMunicipal Consideration Please be advised 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@grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Enclosed:GRCA Mapping Copy:Stu McCrory, McCrory Associates Ltd.(via email) Scott Patterson, Patterson Planning Consultants(via email) Grand River Conservation Authority Date: Jul 21, 2023 Author: ah A 2023-093 - 460 Highland Road West Regulation Limit (GRCA) Regulated Watercourse (GRCA) Regulated Waterbody (GRCA) Wetland (GRCA) Floodplain (GRCA) Engineered Estimated Approximate Special Policy Area Slope Valley (GRCA) Steep Oversteep Steep Slope Erosion (GRCA) Oversteep Toe Lake Erie Flood (GRCA) Lake Erie Shoreline Reach (GRCA) Lake Erie Dynamic Beach (GRCA) Lake Erie Erosion (GRCA) Parcel - Assessment (MPAC/MNRF) 460 Highland Road West This legend is static and may not fully reflect the layers shown on the map. The text of Ontario Regulation 150/06 supercedes the mapping as represented by these layers. Disclaimer: This map is for illustrative purposes only. Information contained herein is not a substitute for professional review or a site survey and is subject to change without notice. The Grand River Conservation Authority takes no responsibility for, nor guarantees, the accuracy of the information contained on this map. Any interpretations or conclusions drawn from this map are the sole responsibility of the user. The source for each data layer is shown inparentheses in the map legend. For a complete listing of sources and citations go to: https://maps.grandriver.ca/Sources-and-Citations.pdf 05102030 GRCA Metres Map Centre (UTM NAD83 z17): 539,319.80 4,809,415.67 NAD 1983 UTM Zone 17NScale: 1,132 This map is not to be used for navigation | 2020 Ortho (ON) | 2022 Ortho (ROWG) ± Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15,2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 20, 2023 REPORT NO.: DSD-2023-327 SUBJECT: Minor Variance Application A2023-094 - 39 Third Avenue RECOMMENDATION: That Minor Variance Application A2023-094 for 39 Third Avenue requesting relief from the following sections of Zoning By-law 2019-051, and as amended by By-law 2023-101: i) Section 5.3 e) i) to allow for a parking lot to be 0.5 metres from the rear lot line instead of the minimum required 1.5 metres; ii) Section 7.3, Table 7-6, to permit an addition to have an interior side yard setback of 1.6 metres for Multiple Dwellings instead of the minimum required 3.0 metres; and iii) Section 7.3, Table 7-6, to permit a Floor Space Ratio of 0.63 for Multiple Dwellings instead of the maximum permitted 0.6; to facilitate an addition to the existing single detached with two Additional Dwelling Units (ADU) (Attached) to convert it into 4-unit Multiple Dwelling, in accordance with drawings prepared by BOBICON LTD. Custom Home Design and Construction Management Services, dated June 29, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances to allow for an addition to an existing single detached with two Additional Dwelling Units (ADU) (Attached) to accommodate a 4-unit Multiple Dwelling with a reduced side yard setback, an increased Floor Space Ratio and for the parking lot to be closer to the rear lot line from the minimum required. The key finding of this report is that the requested minor variances meet the 4 tests of the Planning Act. There are no financial implications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located south of King Street East and East of Conestoga Parkway (Highway 8). It currently contains a single detached dwelling with two Additional Dwelling Units (ADU) (Attached) (existing triplex) and a detached garage in the rear yard. The subject property is identified as a Community Area Urban Structure and Low Rise Residential ntial Four Zone (RES--law 2019- 051. By-law 2023-101, approved by Council on June 26, 2023, proposed amendments to Zoning By-law 2019-051 to incorporate certain modifications to the text of the Zoning By- law to meet the new requirements of the Planning Act enacted under Bill 23, to support the delivery of Housing, to add new regulations for developments no longer subject to site plan control relating to design and site functionality requirements, and to align with new permissions for Additional Dwelling Units. The amendments to Zoning By-law 2019-051 will be effective June 26, 2023, once Official Plan Amendment No. 29 is approved by the Region of Waterloo and comes into effect. Figure 1: The proposed property on the Zoning map Figure 2: The proposed property on an aerial view The purpose of the application is to demolish the existing detached garage in the rear yard and add an addition to the rear of the existing building to accommodate a 4-unit Multiple Dwelling with an attached garage and a parking lot in the rear yard. The required variances to the Zoning By-law include: Permitting a side yard setback of 1.6 metres rather than the minimum 3.0 metres required for Multiple Dwelling. Permitting a Floor Space Ratio of 0.63 rather than the maximum permitted 0.60. Permitting a rear yard setback for the parking lot of 0.5 metres rather than the minimum required 1.5 metres. Figure 3: The proposed site plan drawing th Planning staff conducted a site inspection on Friday, July 28, 2023 Figure 4: The existing building with the left side yard setback Figure 5: The existing rear elevation where the proposed addition will be attached Figure 6:The rear yard amenity space 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 full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, low-rise multiple dwellings, and other forms of low-rise housing. The City encourages and supports the mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form. A low-rise multiple dwelling is a permitted use in this land use designation and would be compatible with the various housing forms in the area. Accordingly, it is the Planning S opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law Side Yard Setback: The intent of the side yard setback regulation is to ensure that the dwelling has sufficient separation from abutting properties and some amenity space and to provide access to the rear yard. The existing building has a side yard setback of about 6.6 metres on the other side of the building, which will accommodate vehicular and pedestrian access to the rear yard, amenity space and accommodate some decks and steps. In addition, the existing 1.6 metre side yard setback is a sufficient setback in this location to provide appropriate access to the rear yard while providing space for any air conditioning units or other outdoor equipment. Therefore, Staff are of the opinion that the requested variance for the side yard setback meets the general intent of the Zoning By-law. Floor Space Ratio: The intent of the regulation that restricts Floor Space Ratio (FSR) to 0.6 is to maintain an overall low intensity of use and a low-rise scale on the lands. The proposed 4-unit Multiple Dwelling will maintain a low-rise scale as the proposal will be less than 9.0 metres in height. It will also not have a major front elevation that will increase the building's scale or massing. Planning Staff are of the opinion that the proposed addition to permit four (4) units maintains a low-rise scale and low intensity of use on the lands; therefore, meets the general intent of the Zoning By-law. Parking Lot Setback: The intent of the regulation for parking lot setback is to regulate the placement and configuration of parking to provide a landscape buffer to mitigate visual, aesthetic, noise and air quality concerns of an abutting parking lot. The Zoning By-law will require a visual barrier (fence) to be installed between the parking lot and the abutting lot. In addition, the 0.5 metres setback will still be able to provide some landscape buffer with sodding in this location on the site. Planning Staff are of the opinion that the proposed parking lot setback will still meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variances for the side yard setback, increase in FSR, and parking lot setbackare considered minor as they represent small changes that are not expected to result in adverse impacts to neighbouring properties or the surrounding area. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning Staff are of the opinion that the requested variances will maintain the low density and low rise intended use of the land, and it will facilitate a gentle intensification of the existing residential use; therefore, they are considered desirable and appropriate. Environmental Planning Comments: No concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: There is an existing City-owned street tree located on the boulevard at 39 Third Ave that may be impacted by proposed construction. The existing City-owned tree should be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law, full compensation and replacement is expected. A Tree Protection and Enhancement Plan (TPEP) will be required as part of a Building Permit application, please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement Parkland Dedication will be required for the fourth residential unit to be paid prior to the issuance of the Building Permit. Transportation Planning Comments: Transportation Services have no concerns with this application. It should be noted, at times the door swing of a vehicle in parking space No. 2 may be difficult as the entire parking space is flanked by the vertical deflection of the proposed garage. Region of Waterloo Comments: No comments. Grand River Conservation Authority Comments: 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, permission from GRCA is not required. 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 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 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 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 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 9 DATE OF REPORT: July 31, 2023 REPORT NO.: DSD-2023-339 SUBJECT: Minor Variance Application A2023-095 64 Garden Ave RECOMMENDATION: That Minor Variance Application A2023-095 for 64 Garden Avenue requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a rear yard setback of 4.9 metres instead of the minimum required 7.5 metres, to facilitate the construction of an addition to the rear of the existing single detached dwelling, generally in accordance with drawings submitted with Minor Variance Application A2023-095, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to facilitate the construction of an addition to the rear of the existing single detached dwelling. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on Garden Avenue between Highland Road West and Spadina Road West. The existing use of the property is a single detached dwelling with an existing rear yard addition that will be torn down and replaced with the new rear yard addition. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 Subject Property Figure 2 Location of Rear Yard Addition Existing Dwelling Existing Dwelling with Proposed Addition Figure 3 Comparison of Existing Dwelling and Proposed Addition Community Areas Urban Structure and is Low-Rise Residential Low-Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application is to facilitate the construction of a rear yard addition to the existing single detached dwelling on the property with a rear yard setback of 4.9 metres instead of the minimum required 7.5 metres. addition, which the property owner has identified as in need of repair. The rear yard addition will be reconstructed with small changes. The net change in the size of the rear yard addition, of 2.5 square metres, is illustrated above. 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 intent of this designation is to emphasize the compatibility of building form with respect to massing, scale and design in order to support the successful integration of different building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. Staff is of the opinion that the requested variance to facilitate the construction of an addition to the rear of the existing dwelling meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Section 7.3, Table 7-2 is to ensure that the built form of residential dwellings is appropriate for the lot and for the surrounding neighbourhood. Rear yard setback requirements are in place to provide for private amenity space in the form of a garden or backyard and to ensure adequate separation between buildings on adjacent properties. The variance would permit a rear yard setback of 4.9 metres, almost 5 metres, instead of the minimum required 7.5 metres. Staff are of the opinion that as the addition does not run the entire length of the existing house and replaces an existing addition, in doing so would still allow for the property to have a backyard area and maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the effects of the variance are minor. rear yard of 64 Garden Avenue is not adjacent to any buildings on neighbouring properties, meaning that there will be no privacy concerns that would result from this variance. The rear yard addition is replacing an existing addition, with the net increase in the gross floor area of the building being 2.5 square metres. This change in gross floor area is small and should be considered minor. 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 requested variance is appropriate for the development and use of the land. It will facilitate the repair and replacement of an existing addition which scale and location are compatible with the existing single detached dwelling and the character of the surrounding neighbourhood. Environmental Planning Comments: No concerns with this application. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the existing single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM This report 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 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: There are no attachments. July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-344 SUBJECT: Minor Variance Application A2023-096 - 1020 Ottawa St. N. RECOMMENDATION: That Minor Variance Application A2023-096 for 1020 Ottawa Street North requesting relief from Section 4.15.3 of Zoning By-law 2019-051, to permit a drive-through facility to be located 5.7 metres from a Residential Zone instead of the minimum required 7.5 metres, in accordance with Site Plan Application SP23/039/O/TS, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to facilitate the construction of a drive-through facility adjacent to a residential zone. 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 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 at the corner of Ottawa Street North and River Road East. It is an existing commercial plaza, bordered by additional commercial properties to the south, and low rise residential uses to the north, east and west. The property is currently undergoing a site plan approval for the new drive through and building addition which is currently under review. City Node Urban Structure and is Commercial *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. General Commercial Zone (COM-2-law 2019-051. Figure 1: Subject property 1020 Ottawa Street North Figure 2: Existing Conditions -1020 Ottawa Street North The purpose of the report is to review an application for a minor variance to permit the construction of a drive-through facility adjacent to a residential zone, 5.7 metres from the property line, whereas 7.5 metres is permitted where an acoustic barrier, certified by a professional engineer, is installed along the abutting lot line, and is maintained thereafter. The applicanthas submitted a site plan for the proposed new building addition and drive- through which is currently under review. The applicant intends to have a certified acoustic barrier installed along the abutting lot line, as this will be a requirement of site plan approval. The site plan is only for the area marked with a star on the above image, as this is where the proposed development will occur on the site. The additional buildings on site are not affected by this minor variance application. Figure 3: Proposed drive-through setback 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 general intent of the Official Plan for lands designated Commercial is to provide a range of commercial activities that are well distributed, accessible and are able to respond ses, and visitors. One of the Objectives of the policies in the Commercial land use designation as noted in Section 15.5.4 is to retain a viable commercial presence by protecting, improving and providing flexibility for existing commercial developments. The requested variance to reduce the setback for the drive through facility provides flexibility for an existing commercial development to be redeveloped appropriately. Staff is of the opinion that the variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre setback for a drive through abutting a residential zone, where an acoustical wall is installed prior to occupancy is to ensure adequate separation from the residential neighbourhood to mitigate noise/sound impacts. The extent of the noise wall that is proposed will meet all standards required and will be approved by an acoustical engineer. The noise wall will also be replacing an existing wood fence that currently buffers the residential properties from the existing KFC/Taco Bell drive through facility. The new noise wall will mitigate noise impacts to a new and improved standard than what currently exists now. Staff is of the opinion that the 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 redevelopment of this part of the commercial lands will not impact the majority of the existing conditions on the property. The new engineered noise wall will be a positive buffer and will decrease any existing noise impacts of the existing drive-through to the adjacent existing residential properties. The requested variance is minor and is not expected to create any adverse impacts on the subject property or on adjacent lands. 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 is desirable for the appropriate development of the land. The redevelopment of the property with a drive through in this location will provide the flexibility and ability of the commercial property to adapt and remain viable providing a be compatible with the neighbourhood. Environmental Planning Comments: Environmental Planning has no concerns. Heritage Planning Comments: Heritage Planning has no concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no concerns. Parks/Operations Division Comments: Parks and Cemeteries concerns and requirements have been addressed through SP23/039/O/TS. Transportation Planning Comments: Transportation Services have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 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: Attachment A Proposed Site Plan SP23/039/O/TS. July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 31, 2023 REPORT NO.: DSD-2023-343 SUBJECT: Minor Variance Application A2023-097 - 68 Betzner Ave. N. RECOMMENDATION: That Minor Variance Application A2023-097 for 68 Betzner Avenue North requesting relief from Sections 5.22 b) and c) of Zoning By-law 85-1, and 5.22.2 e) and f) of Zoning By-law 85-1, as amended by By-law 2023-102, to permit a lot area of 310.8 square metres instead of the minimum required 395 square metres, and to permit a lot width of 11.6 metres instead of the minimum required 13.1 metres, to facilitate the conversion of the existing duplex into a triplex, generally in accordance with drawings prepared by Denali Home Design, dated June, 2023, BE APPROVED, And further, that Minor Variance Application A2023-097 for 68 Betzner Avenue North requesting relief from Sections 6.1.1.1 b) iii) and 6.1.1.2 d) of Zoning By-law 85-1 to permit and recognize an existing second driveway, and for the second driveway to lead to a required parking space having a length of 4.3 metres instead of the minimum required 5.5 metres, BE REFUSED. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances to facilitate the conversion of an existing duplex property into a triplex, and to permit a second driveway on the subject property. The key findings of this report are: o The minor variances to permit the conversion of the duplex dwelling on the subject property into a triplex unit meet the four tests of the Planning Act, and; o The minor variances to permit a second driveway and a reduced length of a parking space on the subject property do not meet the four tests of the Planning Act. There are no financial implications. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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 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 a rectangular lot located near the intersection of Betzner Avenue North and Weber Street East. Figure 1 Aerial Photo of Subject Property Major Transit Station on Map 2 Urban in the King Street East Secondary Plan. The Commercial Residential One Zone (CR-1-law 85-1. The purpose of the application to review minor variances to facilitate the conversion of an existing duplex into a triplex, and to permit a second driveway on the subject property. The subject property currently contains a two-storey building with two dwelling units. The basement is proposed to be converted into a third dwelling unit. The existing lot area of the subject property is 310.8 square metres, and the lot width is 11.6 metres. Zoning By-law 85-1 Sections 5.22 b) and c) and Sections 5.22.2 e) and f), as amended by By-law 2023- 102, requires that the minimum lot area for a property with three dwelling units be 395 square metres, and that the minimum lot width be 13.1 metres. Accordingly, minor variances are requested to permit a lot area of 310.8 square metres, and a lot width of 11.6 metres, for the proposedSingle Detached Dwelling with two (2) Additional Dwelling Units (ADU) (Attached) (a Triplex dwelling). Further, the property currently contains two driveways. One driveway is abutting the front yard of the property, and the subsequent driveway is located to the right of the building. The driveway abutting the front yard has a length of 4.3 metres. Zoning By-law 85-1 Section 6.1.1.1 b) iii) allows a maximum of one driveway (barring exceptions, which do not apply to the existing subject property), and Section 6.1.1.2 d) requires a minimum length of 5.5 metres for a parking space. Accordingly, minor variances are requested to permit an additional driveway, with a length of 4.3 metres for a parking space. The subject property has setbacks which exceed the minimum requirements in Zoning By- law 85-1 Section 5.22 i). The left side yard setback is 1.5 metres, and the right side yard setback is 2.3 metres. By-law 2023-102, approved by Council on June 26, 2023, proposed amendments to Zoning By-law 85-1 to incorporate certain modifications to the text of the Zoning By-law to meet the new requirements of the Planning Act enacted under Bill 23, to support the delivery of Housing, to add new regulations for developments no longer subject to site plan control relating to design and site functionality requirements, and to align with new permissions for Additional Dwelling Units. The amendments to Zoning By-law 85-1 will be effective June 26, 2023, once Official Plan Amendment No. 29 is approved by the Region of Waterloo and comes into effect. Staff visited the subject property on July 26, 2023. Figure 2 Existing Site Plan Figure 3 Proposed Basement Dwelling Unit Figure 4 Front View Photo from Site Visit Figure 5 Driveway Abutting the Front Yard 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 Street East Secondary Plan. The intent of this designation is to recognize the existing presence of mixed-use residential and commercial spaces in the neighbourhood, and to allow for low density redevelopment, including multiple residential uses. It is the opinion of staff that the proposed variances meet the intent of the Secondary Plan, as they support multiple residential uses. General Intent of the Zoning By-law Minimum Lot Width The general intent of the minimum lot width requirement of 13.1 metres is to ensure that there is adequate space for required parking, emergency access, appropriate side yard setbacks and amenity space on the lot. Staff is of the opinion that the proposed use meets the general intent of the By-law, and that this size lot will continue to function appropriately as a triplex unit, as 3 parking spaces can be accommodated in tandem, the side yard setbacks exceed the minimum 1.2 metre requirement, and the landscaped area exceeds the 20% minimum requirement. Minimum Lot Area The general intent of the minimum lot area requirement of 395 square metres is to ensure the use can function accordingly on the lot including providing required parking and an adequate amenity space for residents/tenants. Staff is of the opinion that the variance to permit a reduced lot area meets the general intent of the By-law, as 310.8 square metres is still an appropriate lot area as required parking and sufficient amenity area can still be provided on site. The current lot coverage of 42%, is lower than the maximum permitted 55% lot coverage; there are no new structures proposed which would minimize the lot area further; and the landscaped area exceeds the 20% minimum requirement. Maximum Permitted One Driveway The general intent of only permitting a maximum of one driveway on a lot of this size is to minimize the amount of asphalt and the presence of parked vehicles in the front yard and to ensure that there is adequate landscaped area fronting the street. Staff are of the opinion that the existing driveway reduces the amount of landscaped and walkable areas of the subject property, and as such, a second driveway does not meet the general intent of the Zoning By-law. Minimum Parking Space Length The general intent of requiring a parking space with a minimum length of 5.5 metres is to ensure that there is adequate space to accommodate a vehicle on a driveway without impacting or impeding pedestrian use of the sidewalk right-of-way. Staff is of the opinion that the proposed variance does not meet the general intent of the Zoning By-law as there will not be an adequate parking space on the driveway without negatively impacting the use of the sidewalk right-of-way. Is/Are the Effects of the Variance(s) Minor? The variances to facilitate conversion to a triplex can be considered minor, as the dwelling unit is proposed for an existing basement, and there are no new structures proposed. It is the opinion of staff that the variances to permit a second driveway with a length of 4.3 metres cannot be considered minor, as there is not enough space to accommodate a vehicle without impacting the use of the sidewalk by pedestrians. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances to facilitate the conversion of the building on the subject property into a triplex are appropriate for the development and use of the land as they will support a gentle intensification of the property with the creation of a dwelling unit in the basement, will It is the opinion of staff that the variances to permit a second driveway with a parking space length of 4.3 metres are not appropriate for the development and use of the land, as they will support a streetscape dominated by vehicles in a Major Transit Station Area and a parking space which will negatively impact pedestrian use of the sidewalk. Environmental Planning Comments: Environmental Planning has no concerns. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 68 Betzner Ave. N. is located within the Central Frederick Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: A 4.3 metres parking space means the car will overlap onto sidewalk in right-of-way and applicant would need an encroachment agreement for this. Parks/Operations Division Comments: Parks/Operations Division have no concerns with this application. Transportation Planning Comments: Transportation Services contacted By-law Enforcement regarding any complaints received about the proposed second access and By-law notified Transportation Services that there had been an infraction and a ticket issued in November 2022 for vehicle overhanging onto the municipal sidewalk. The photo below illustrates that pedestrian walkability is significantly obstructed by the parked vehicle due to the substandard parking space length of 4.3 metres. It should be noted that the City of Kitchener cannot dictate the size of vehicles that would utilize the proposed substandard parking space. Therefore, Transportation Services does not support the second driveway or the proposed parking space length of 4.3 metres. Grand River Conservation Authority Comments: The GRCA have no concerns with this application. Region of Waterloo Comments: There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 85-1 King Street East Secondary Plan July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-349 SUBJECT: Minor Variance Application A2023-098 - 134-152 Shanley St. RECOMMENDATION: That Minor Variance Application A2023-098 for 134-152 Shanley Street requesting relief from Section 19, Site-Specific Provision 189 a) and f) in Zoning By-law 2019- 051 to permit a parking requirement of 0.64 parking spaces and 0.1 visitor parking spaces per dwelling unit (127 parking spaces) instead of the minimum required 0.7 parking spaces and 0.1 visitor parking spaces per dwelling unit (137 parking spaces) and to permit an exterior side yard setback of 5 metres instead of the minimum required 5.8 metres to facilitate the development of a 8-storey multiple dwelling having 171 dwelling units, in accordance with Site Plan Application SP21/105/S/CD, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and recommend approval of minor variances to facilitate the development of 171-unit, 8-storey multiple dwelling development on the subject property. The key finding of this report is that the minor variances meet 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 agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is a vacant parcel of land located at the intersection of Shanley Street and Duke Street Westthat is currently in the early stages of construction for the development of an 8 storey multiple dwelling. The subject lands have frontage on Shanley Street, which is considered the exterior side yard and Duke Street West which is considered the front yard. The neighbourhood is comprised of a mix of low residential uses, commercial, industrial, and institutional uses. Figure 1: Location Map 134-152 Shanley Street Urban Structure and is designated Medium Rise Residential with Specific Policy Area No. 18 Map 3 Medium Rise Residential Six Zone (RES-6) with Site-Specific Provision 189-law 2019-051 The purpose of the application is to permit the construction of a 171-unit, 8-storey multiple dwelling development with an exterior side yard setback of 5.0 metres instead of the minimum required 5.8 metres and to permit a parking requirement of 0.64 parking spaces per dwelling unit and 0.1 visitor spaces per dwelling unit (127 parking spaces) instead of the minimum required 0.7 parking spaces per dwelling unit and 0.1 visitor parking spaces per dwelling unit (137 parking spaces). The requested variance for the parking reduction is required as an additional five (5) dwelling units have been added to the 8 storey multiple dwelling development. The overall on-site parking provision and configuration which was conditionally approved by Site Plan Application SP21/105/S/CD is not proposed to change. Figure 2: Existing site conditions at 134-152 Shanley Street 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 Medium Rise Residential with Specific Policy Area No. 18The Medium Rise Residential designation together with Special Policy Area No. 18 permits medium density housing types including townhouse dwellings in a cluster development, multiple dwellings up to 8 storeys in height with a maximum Floor Space Ratio (FSR) of 3.0 and a maximum building height of 28 metres. The proposed 8 storey multiple dwelling development is a compatible built form, offers a range of unit types, bachelor, 1, 2 and 3 bedroom units, and is an appropriate use on the residential property and compatible with the surrounding neighbourhood. Therefore, planning staff is of General Intent of the Zoning By-law The intent of the 5.8 metre exterior side setback requirement is to ensure the proposed building setback along Shanley Street provides for adequate landscaping, patio space(s) and provides for a consistent street wall with the nearby low-rise residential dwellings on Shanley Street. Staff is of the opinion that the proposed 5.0 metre exterior side yard setback will provide for sufficient landscaping, patio space(s) and is consistent with nearby low-rise residential dwellings along Shanley Street that contain building setbacks that range from approximately 1.0 metres to 6.1 metres to Shanley Street. The intent of 0.7 parking space per unit plus 0.1 visitor space per unit requirement is to ensure there is adequate on-site parking for residents. Through the recent approved Official Plan Amendment and Zoning By-law Amendment Applications (DSD-2022-033) the applicant provided a parking justification report in support of a reduced parking rate that was supported by staff as the subject lands are in an MTSA, have good access to public transit and rapid transit, pedestrian and cycling facilities. Planning and Transportation Services staff is of the opinion that the parking rate is still appropriate for the subject lands with the 5 additional units. The reduced parking rate promotes active transportation and alternative modes of transportation and limits reliance on vehicles. Therefore, staff is of the opinion that the reduction in the exterior side yard setback and the decrease in the minimum parking requirement meets the general intent of the zoning by- law. Is the Effects of the Variance Minor? The requested variance to allow for an exterior side yard setback of 5 metres and a reduced minimum parking requirement of 0.64 parking spaces per dwelling unit and 0.1 visitor spaces per dwelling unit is minor in nature. Staff is of the opinion that the requested reduction in the exterior side yard setback and decrease in the minimum parking requirement will allow for the development of an 8 storey, 171 residential unit multiple dwelling development with adequate on-site parking and building setbacks that are compatible and appropriate for the use of the subject property and will not negatively impact any of the adjacent properties or surrounding neighbourhood. Is the Variance Desirable For The Appropriate Development or Use of the Land? The variances are desirable and appropriate for the development and use of the land as they will facilitate the development of multiple dwelling development. The proposed scale, massing, and building setbacks are compatible on the property and will not negatively impact the subject lands, planned vision or character of the streetscape or the surrounding neighbourhood. Environmental Planning Comments: Environmental Planning Staff have no concerns to the proposed variances. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 134-152 Shanley St. is located within the Mount Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering staff have no concerns to the proposed variances. Parks/Operations Division Comments: Park and Operations staff have no concerns to the proposed variances. Transportation Planning Comments: Transportation Services can support the proposed parking rate reduction from 0.70 to 0.64 parking spaces per dwelling unit, to facilitate an additional five (5) dwelling units, as this reduction is minor in nature and should not impact the functionality of the site access or surrounding road network. 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 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 part 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 DSD-2022-033 ATTACHMENTS: Attachment A SP21/105/S/CD 3134.1:9 >!238!tqbdft >!244!tqbdft )97* 282 6111 D!pg!B!Op/!3134.1:9 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review, 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext 7844 WARD(S) INVOLVED: 10 DATE OF REPORT: August 1, 2023 REPORT NO.: DSD-2023-335 SUBJECT: Minor Variance Application A2023-099 195 Victoria St. N. RECOMMENDATION: That Minor Variance Application A2023-099 for 195 Victoria Street North requesting relief from Sections 5.22 b) and c) of Zoning By-law 85-1 to permit a lot width of 12.9 metres instead of the minimum required 13.1 metres and a lot area of 241.8 square metres instead of the minimum required 395 square metres, to recognize the use of the property as a Single Detached Dwelling with two Additional Dwelling Units (ADU) (Attached) (3 dwelling units in total), generally in accordance with the drawing prepared by Steven Parker and attached to Minor Variance Application A2023-099, BE APPROVED subject to the following conditions. 1. That the Owner shall grant Metrolinx an environmental easement, for operational emissions, to the satisfaction of Metrolinx. 2. That the Owner shall provide confirmation to Metrolinx, for the property municipally known as 195 Victoria Street North, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor, to the satisfaction of Metrolinx: that Metrolinx and its assigns and successors in interest has or have a right-of- way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of anynoise and vibration attenuating measures in the design of the development and individual REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to legalize an existing building having 3 dwelling units having a lot width of 12.9 metres and a lot area of 241.8 square metres. The key finding of this report is that the requested minor variances meet all 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 on th Committee of Adjustment meeting. This report supports the delivery of core services. Image 1 - Aerial photo (2022) BACKGROUND: The subject property is located on the south side of Victoria Street north and west of Margaret Avenue. The property is identified as Urban Structure and has an Official Plan designation of Mixed Use Corridor in the Civic Centre Neighbourhood Plan. It is zoned Low Intensity Mixed Use Corridor (MU-1) in Zoning Bylaw 85-1. the two-storey building and the owner wishes to legalize the use. The owner is aware that Fire and Building Code regulations also have to be met, which may require a Building Permit Application. Staff note that in the past, vehicles have parked in front yard which is not permitted. The owner plans to install fencing or landscaping barriers to prevent this occurring in the future. It is noted that any structures/objects in the 4.57 metres driveway visibility triangle are limited to a maximum height of 0.9 metres. Staff visited the site on July 29, 2023. Image 2 - Top photo: view from left side of property Image 3 - Bottom photo: view from left side of property REPORT: Planning Comments: In considering the four tests for the minor variance as outlined in Section 46(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 One intention of the Mixed Use Corridor designation is to provide for residential opportunities. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. The use of the property for 3 dwelling units meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the lot area and width regulations is to ensure that the property can adequately support the use and provide amenity area and sufficient parking spaces. These variances are to legalize an existing 3 unit building. There exists a rear yard patio which serves as an amenity area for the tenants. As well, there are three parking spaces available in the driveway. They are arranged in tandem which is permitted for the use. There has been no complaints from neighbours on the use of the property. The variances meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As noted above, general intent of the by-law is met and the use supports appropriate housing intensification which is supported by the City. The variances can be considered minor. Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The property is located in a central part of the City and has residential use beside and behind it. Legalizing the existing third dwelling unit is appropriate for the building and property as it supports a gentle intensification of a building in a Major Transit Station Area. Heritage Comments: No Heritage Planning concerns. Environmental Planning Comments: No Environmental Planning concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the change of use to a triplex is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comment. Transportation Planning Division Comments: Transportation Services have no concerns with this application. Parks and Cemeteries Division Comments: No concerns or comments. Region of Waterloo Comments: There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on- site and off-site). b) A development application, e.g., Site Plan/ Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. Metrolinx Comments: Metrolinx is in receipt of the minor variance application for 195 Victoria Street North, Kitchener, to facilitate a triplex unit on the subject property, currently operating as a The subject property is located within 300m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. 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 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 advised 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 Civic Centre Neighbourhood Secondary Plan Official Plan (2014) Zoning By-law 85-1 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority To: Committee of Adjustments, City of Kitchener From: Adjacent Developments GO Expansion and LRT Third Party Projects Review - Metrolinx th Date: July 27, 2023 Re: A 2023-099 195 Victoria Street North Metrolinx is in receipt of the minor variance application for 195 Victoria St N, Kitchener, to facilitate a triplex unit on th subject Application are noted below: The subject property is located within 300m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor o Warning: 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. 2 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: July 28, 2023 REPORT NO.: DSD-2023-342 SUBJECT: Minor Variance Application A2023-100 332 Prospect Avenue RECOMMENDATION: That Minor Variance Application A2023-100 for 332 Prospect Avenue requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit a rear yard setback of 4.6 metres and 6.9 metres instead of the minimum required 7.5 metres, to facilitate the construction of a detached dwelling, generally in accordance with drawings prepared by Bobicon Ltd., dated June 28, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance to facilitate the construction of a single detached dwelling. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is a vacant lot located near the intersection of Kenneth Avenue and Prospect Avenue. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 Ariel Photo of Subject Property on Map 2 Urban Structure and is on Map 3 Low Rise Residential Four Zone (RES-4-law 2019- 051. The purpose of the application is to review a rear yard setback variance to facilitate the construction of a single detached dwelling. The subject property is currently a vacant lot, with a lot area of 342.2 square metres. The proposed site plan for the single detached dwelling indicates a rear yard setback of 4.6 metres on the left side of the rear yard and a setback of 6.9 metres on the right side of the rear yard. As a result of the irregular shape of the rear area of the property and the proposed design of the single detached dwelling, the minimum rear yard setback of 7.5 metres is not able to be met. Staff visited the subject property on July 26, 2023. Figure 2 Proposed Site Plan Figure 3 Front View of Subject Property 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 on Map 3 Land Use. The Low Rise Residential land use designation permits a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. This designation places emphasis on compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the variance to facilitate the proposed use of a single detached dwelling meets the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the rear yard setback requirement is to ensure that there is an adequate separation from adjacent properties with respect to privacy concerns, and that there is appropriate amenity space for residents. The proposed site plan indicates that there will be adequate amenity space for residents in the rear yard, due to the shape of the lot. The privacy concerns appear minimal due to the existing fence and the larger rear yard setbacks on adjacent properties. As such, staff is of the opinion that the 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 requested variance is minor, as any privacy concerns related to adjacent properties are minimal, the reduced rear yard setback will still provide a sufficient amenity area and will not have any significant impacts to adjacent properties or the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variance to reduce the minimum rear yard setback is appropriate for the desirable development of the lands, as it will facilitate the construction of a dwelling on an existing irregular-shaped lot. Environmental Planning Comments: Environmental Planning has no concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering Division has no concerns with this application. Parks/Operations Division Comments: Parks/Operations Division have no concerns with this application. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager at 519-648-2256 ext. 8514 Email: jvanderveen@regionofwaterloo.ca. Grand River Conservation Authority Comments: The GRCA have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 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 July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 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 10 DATE OF REPORT: July 31, 2023 REPORT NO.: DSD-2023-340 SUBJECT: Minor Variance Application A2023-101 471 Duke St. W. RECOMMENDATION: That Minor Variance Application A2023-101 for 471 Duke Street West requesting relief from Section 4.1 d) of Zoning By-law 2019-051, to permit an accessory structure to have a height to the underside of the fascia of 4.3 metres instead of the maximum permitted 3 metres, generally in accordance with drawings prepared by Menno S. Martin Contracting dated June 15, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to permit the construction of a detached accessory structure on the property. 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 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 Duke Street West between Bismark Avenue and Stahl Avenue. The property contains an existing single detached dwelling and an accessory structure which will be torn down and replaced with the proposed accessory structure. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure A: Location of 471 Duke Street W Figure B: Location of proposed accessory structure The subject Community Areas Urban Structure and is Low-Rise Residential Low Rise Residential Four Zone (RES-4-law 2019- 051. The application is requesting relief from Section 4.1 d) of Zoning By-law 2019-051 to permit a detached accessory structure to have a maximum height of 4.5 metres to the underside of the fascia instead of the maximum permitted 3 metres. The requested minor variance will facilitate the construction of a detached shed in the rear yard of the property. The variance is needed to construct a shed capable of storing camping equipment and to construct a garden at the location of the existing shed. The variance is required for the height to the underside of the fascia at the front of the shed, which would feature a 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 intent of this designation is to emphasize the compatibility of building form with respect to massing, scale and design in order to support the successful integration of different building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. Staff is of the opinion that the requested variance to facilitate the construction of a detached accessory structure meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Section 4.1 d) of Zoning By-law 2019-051 which limits the height to the underside of the fascia to 3 metres is to ensure that accessory structures are not excessive in height and to ensure that neighbouring properties do not face blank walls. As sloping roof which will result in the rear wall height being similar to the height of the fence at the rear of the property. The height of the detached accessory structure is not excessive since it will be less than the 5.5 metre permitted maximum building height. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the effects of the variance are minor. The detached accessory structure will be set back 2.6 metres from the rear lot line and the interior side lot line, which is greater than the minimum required 0.6 metres. The downward sloping roof will ensure that neighbouring properties will not face blank walls. As shown in Figure A, the shed will be adjacent to the driveway of the neighbouring property, meaning that its visual impact will be minimal. The proposed accessory structure will be compatible with existing buildings on the subject property and will not conflict with the character of the surrounding neighbourhood. 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 requested variance is appropriate for the development and use of the land. It will facilitate the construction of a shed that is capable of storing camping equipment while the height, scale, and massing of the proposed detached accessory structure will be compatible with the existing character of the surrounding neighbourhood. Environmental Planning Comments: No natural heritage issues. The applicant should ensure that the mature tree that overhangs the shed (increased height proposed) is not in shared ownership. Based on the tree canopy, there does not appear to be concerns however, the canopy may need to be pruned up. This should be done by a professional. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 471 Duke St. W. is located within the Mount Hope/Breithaupt Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the accessory structure for the existing single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 mailing 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: Attachment A Site Plan Attachment B Shed Elevations Attachment A Site Plan Attachment B Shed Elevations July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-346 SUBJECT: Consent Application B2023-027 100 and 116 Hoffman Street RECOMMENDATION: That Consent Application B2023-027 for 100 and 116 Hoffman Street requesting consent to sever a parcel of land having a lot width of 15.2 metres on Hoffman Street, a lot depth of 38.3 metres and a lot area of 572.3 square metres, municipally known as 116 Hoffman Street, BE APPROVED subject to the following conditions: 1. That the O fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 3. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to . 4. That the Owner shall: a) complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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 nt *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. shall address items such as, but not limited to, spatial separation of existing openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 5. That, prior to final approval, the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 6. That the existing shed/accessory structure located across the proposed property line be removed or relocated to the Severed or Retained lands to the satisfaction 7. That the owner must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 8. The Owner enter into a registered agreement with the City of Kitchener to provide that the following noise warning clause be included in all offers to purchase and/or rental agreements for the Severed and Retained lands: nts are advised that sound levels due to increasing road traffic on the municipal street system and any potential stationary noise sources in the vicinity, e.g. rooftop mechanical equipment, may on occasion interfere with some activities of the occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to create a new lot in order to separate a lot containing an existing detached dwelling which has merged with a lot containing a religious institution. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the North side of Hoffman Street between Kehl Street and Meinzinger Avenue. Figure 1: Location of Subject Property The subject lands at Land The subject lands at 116 Hoffman (residential detached dwelling) are identified as Community Areas Urban Structure Map 3 -- law 2019-051. The property at 116 Hoffman Low Rise Residential Five Zone (RES-5 By-law 2019-051. The purpose of the application is to legally separate the residential lands from the lands being used as a religious institution, for separate ownership, in order that they may be dealt with independently. Figure 2: Severance Sketch REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies 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 separate ownership of the existing residential dwelling. No new development is proposed. Planning staff is of the opinion that this proposal is consistent with the PPS. Figure 3: View of Existing Religious Institution (July 27, 2023) 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. Built-Up Area. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Figure 4: View of Detached Dwelling (July 27, 2023) Regional Official Plan (ROP): within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed application conforms 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. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent The proposed lot widths and lot areas of the proposed severed and retained lots will meet -5 for detached dwellings and the minimum lot size -Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood. 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 -- law 2019-051. (RES- By-law 2019-051. Both proposed lots meet the zoning regulations for lot size in their respective zoning categories. The current uses are not proposed to change and no development is to occur. Planning Staff are of the opinion that the proposed consent application conforms to the Zoning By-law. 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. Figure 5: View of Existing Lot 110-116 Hoffman Street (July 27, 2023) Environmental Planning Comments: No Natural Heritage issues. No tree concerns as no site development is proposed. Heritage Planning Comments: No Heritage Planning concerns. Building Division Comments: The Building Division has no objections to the proposed consent provided: 1. A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: Each parcel has existing individual service connections; therefore Engineering has no comments. Parks/Operations Division Comments: Parkland dedication is not required for this application as the existing dwelling, properties and uses are existing. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: Corridor Planning The existing uses on the severed and retained lands are considered sensitive uses under the MECP NPC-These noise sources include road traffic and stationary noise from adjacent rooftop mechanical/HVAC systems. Regional staff is recommending a noise warning clause be included in a registered agreement between the City and the applicant, to advise purchasers and tenants of potential noise concerns. The following noise warning clause is recommended on the severed and retained Parcels: Purchaser/tenants are advised that sound levels due to increasing road traffic on the municipal street system and any potential stationary noise sources in the vicinity, e.g. rooftop mechanical equipment, may on occasion interfere with some activities of the occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Alternatively, the owner may undertake and implement a detailed environmental (transportation & stationary) noise study and implement the same through a registered agreement with the City. Airport Zoning (Advisory Comments) The applicant must be advised that the subject lands are located within the airport zoning- regulated area and specifically under the runway take-off approach surface. Therefore, the lands and the proposed development are subject to all provisions and restrictions of Airport Zoning regulations and Nav Canada. For further information in this regard, please contact: Jordan Vander Veen, Project Manager, Airport Construction and Development 519.648.2256 ext. 8514 Email: jvanderveen@regionofwaterloo.ca Source Water Protection For information, the property is designated a Wellhead Protection Sensitivity Area 7 & 8 on Map 6a in the Regional Official Plan (ROP). The purpose of this designation and the corresponding policies in Chapter 8 of the ROP is to protect long term municipal groundwater supplies. Notice of Source Protection Plan Compliance (Section 59 Notice) As the subject lands are also located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo apply. Per s.59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Regional Fee The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 2. The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 3. The owner/applicant enter into a registered agreement with the City of Kitchener to provide that the following noise warning clause be included in all offers to purchase and/or rental agreements for the severed and retained lands, the municipal street system and any potential stationary noise sources in the vicinity, e.g. rooftop mechanical equipment, may on occasion interfere with some activities of the occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks Hydro One Comments: th We are in receipt of your Application for Consent, B-2023-027 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our prel Voltage Facilities and Corridor Lands' only. Distribution Supplier. GRCA Comments: 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. 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: No attachments. July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 116 Hoffman St - B-2023-027 Date:Friday, July 28, 2023 11:20:45 AM Attachments:image001.png You don't often get email from gabriel.arabia@hydroone.com. Learn why this is important Hello, th We are in receipt of your Application for Consent, B-2023-027 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 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 10 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-352 SUBJECT: Consent Application B2022-028 47 and 51 Pequegnat Avenue RECOMMENDATION: That Consent Application B2022-043 for 47 and 51 Pequegnat Avenue requesting consent to sever a parcel of land having a lot width of 13.4 metres on Pequegnat Avenue, a lot depth of 24.9 metres and a lot area of 301.9 square metres, municipally known as 51 Pequegnat Avenue, BE APPROVED subject to the following conditions: 1. fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to 4. That the Owner shall: a) complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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 nt shall address items such as, but not limited to, spatial separation of existing *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. REPORT HIGHLIGHTS: The purpose of this report is to provide recommendations for the approval of the request to sever lots that have merged on title. There are no financial implications. This report supports the delivery of core services. BACKGROUND: The subject property is located on Pequegnat Avenue, near Frederick Street, in the Central Frederick Neighbourhood. Figure 1: Location Map: 47 and 51 Pequegnat Ave. Urban Structure in the on Map 20 - Central Frederick Neighbourhood Secondary Plan. one (R-5) with Special Use Provision 129U in Zoning By-law 85-1. The applicant is requesting consent so that the existing detached dwellings may be able to be conveyed and dealt with independently as the properties, known as 47 and 51 Pequegnat Avenue, have merged on title. Figure 2 Photo of 51 Pequegnat Avenue City staff conducted a site inspection of the property on July 28, 2023. Figure 3: Severance sketch (Patterson & Associates) REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed application will facilitate separate ownership of the existing residential dwelling. No new development is proposed. 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. Built-Up Area. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed application conforms 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. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood. 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. Central Frederick Secondary Plan The subject properties are designated Low Rise Conservation - A. The intent of the Low Rise Conservation A designation is to preserve the scale, use and intensity of existing development. As the dwellings are existing and no changes are proposed, the intent of this designation is being achieved with the consent application. Zoning By-law The existing use and proposed lot widths and lot areas of the proposed severed and retained -5 for detached dwellings. 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 separate lots that have merged on title are desirable and appropriate. The uses of both the severed and retained parcels are in conformity with the -law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No natural heritage or tree management policy concerns as no new construction is proposed. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed consent provided: 1) A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: Our system shows that individual servicing already exists to the two homes. Engineering has no comments. Parks/Operations Division Comments: This appears to be a technical severance. Parkland dedication is not required for this application as the existing dwellings, properties and uses are existing. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region Comments: The purpose of the application is to create 2 lots (1 severed, 1 retained). The lands contain two detached dwellings on parcels that have merged. The intent is to create separate lots for each dwelling. Environmental Noise The subject lots are within close proximity of Frederick Street (RR #06). However, there are intervening buildings that minimize the exposure to road traffic; therefore, transportation noise is not expected to be of concern. Regional Fee Regional staff acknowledge receipt of the required consent application review fee received July 10, 2023. The Region has no objection to the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 ebsite or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2014) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) ROPA 6 Official Plan (2014) Central Frederick Neighbourhood Secondary Plan Zoning By-law 85-1 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 47 and 51 Pequegnat Avenue - B 2023-028 Date:Friday, July 28, 2023 11:26:10 AM Attachments:image001.png You don't often get email from gabriel.arabia@hydroone.com. Learn why this is important Hello, th We are in receipt of your Application for Consent, B 2023-028 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-355 SUBJECT: Consent Application B2023-029 - 15 Ellen Street West RECOMMENDATION: That Consent Application B2023-029 requesting consent to sever an irregular shaped parcel of land having a lot width of 9.2 metres on Ellen Street West, a lot depth of 40.4, metres and a lot area of 352.9 square metres from the property municipally addressed as 15 Ellen Street West, to be conveyed as a lot addition to the property municipally addressed as 11 Ellen Street West, BE APPROVED subject to the following conditions: 1. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. as amended. 5. an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the owner shall receive approval of a Heritage Permit to the satisfaction of the Director of Planning. 7. That the existing detached garage located on 15 Ellen Street West, which will be located on the new property line between 15 and 11 Ellen Street West, be modified, removed and/or relocated to the Retained Lands to the satisfaction of 8. That the owner shall: a) complete a Building Code Assessment for the existing dwellings proposed to be retained on both the severed and retained parcels 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 nt shall address items such as, but not limited to, spatial separation of existing of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 9. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 10. That the owner must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 11. That the Owner shall grant Metrolinx an environmental easement over the Retained Lands for operational emissions, to the satisfaction of Metrolinx. 12. That the Owner shall provide confirmation to Metrolinx for the Retained Lands, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor, to the satisfaction of Metrolinx: The Applicant is advised that the subject land is located within advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to facilitate a transfer of land from a residential lot to the adjacent residential lot, both containing existing detached dwellings. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject properties are located on the South side of Ellen Street West between Queen Street North and Victoria Street North. Figure 1: Location of Subject Property Community AreaMap 2 Urban Structure and is Low Rise Residential Preservation9 Secondary Plan for Land Use inthe Civic Centre Neighbourhood in Residential Five Zone (R-5) with Special Use Provision 127U in Zoning By-law 85-1. The purpose of the application is to facilitate the conveyance of a portion of the side yard of an existing residential detached dwelling at 15 Ellen Street West to the neighbouring property at 11 Ellen Street West. An existing detached garage will be partially demolished and reduced to one bay to remain on the retained lands at 15 Ellen Street West. Figure 2: View of 15 Ellen Street West (July 27, 2023) Figure 3: View of 11 Ellen Street West (July 27, 2023) REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application 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 and make efficient use of land. Planning Staff is of the opinion that the application conforms to the Growth Plan. Regional Official Plan (ROP) Regional policies in the ROP 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 application conforms to the Regional Official Plan. The subject Community AreaUrban Structure and is Low Rise Residential Preservation9 Secondary Plan for Land Use in the Civic Centre Neighbourhood in The Low Rise Residential Preservation land use designation is intended to retain the existing detached dwelling character of the neighbourhood. Existing houses and streetscapes are to be preserved wherever possible. The subject application achieves this intent by keeping both existing detached dwellings in situ, and simply realigning the side property line to allow more land on one property. No new development is proposed and the size and placement of existing dwellings is to be unchanged. Therefore, Staff are of the opinion that the proposed application for Consent Zoning By-law 85-1 The subject properties are Residential Five Zone (R-5with Special Use Provision 127U in Zoning By-law 85-1. Both before and after the proposed lot addition, both parcels would meet the minimum lot width and lot area requirements. R-5 Requirements: Lot width: Minimum 9 metres Lot area: Minimum 235 m² 15 Ellen Street West Lot width before lot addition: 27.4 metres Lot width after lot addition: 18.2 metres Lot area before lot addition: 1150 m² Lot area after lot addition: 797 m² 11 Ellen Street West Lot width before lot addition: 15 metres Lot width after lot addition: 24.2 metres Lot area before lot addition: 616 m² Lot area after lot addition: 969 m² All yard setback and other regulations will comply with the minimum requirements post lot addition. A detached garage will be partially demolished to remain within the retained lands. The garage will meet yard setback and other regulations for accessory buildings in the Zoning By-law post lot addition. Planning Staff can confirm that the proposed lot addition complies with the existing Zoning By-law. 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 proposed boundary adjustment is desirable and appropriate. Figure 4: Severance Sketch Environmental Planning Comments: No Natural Heritage issues. No tree management concerns as no site development is proposed. Heritage Planning Comments: The subject property is designated under Part V of the Ontario Heritage Act and is located within the Civic Centre Neighbourhood Heritage Conservation District (CCNHCD). Per the policy of the CCNHCD Plan, the proposed severance will not result in the creation of a new lot. The portion of land to be severed is approximately 9.2 metres wide; the severance will result in the subject property having a frontage of approximately 18.23 metres, while the adjacent property receiving the land will have a new frontage of approximately 24.4 metres. The resulting properties will be of a similar size. There are no anticipated negative impacts as a result of the proposed severance to the identified heritage attributes or value of either the subject property, the adjacent property, the Ellen Street West Streetscape, or the character of the CCNHCD as a whole. A Heritage Permit Application has been submitted for the severance and related proposed work and is currently under review. Building Division Comments: The Building Division has no objections to the proposed consent provided: 1. A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: Transfer of land does not affect servicing; therefore, Engineering has no comments. Parks/Operations Division Comments: Parkland dedication is not required as this is an addition to an existing lot and no new lot is created. There are existing City-owned street trees located on the boulevard on Ellen Street West. These trees should be protected to City standards throughout all construction or demolition as per Chapter 690 of the current Property Maintenance By-law. If trees cannot be protected in place, full compensation is expected. A Tree Protection and Enhancement Plan (TPEP), Arborist Report and ISA assessment and valuation of City trees will be required as part of a Demolition Permit or Building Permit application, please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: Environmental Noise The subject lots are within close proximity of Queen Street North (a municipal street). However, there are intervening buildings which minimize the exposure to road traffic; therefore, transportation noise is not expected to be of concern. Considering the extent of the application just for adding a lot addition to the adjacent property without any proposed development, there are no requirements for the above application regarding the transportation noise. Notice of Source Protection Plan Compliance (Section 59 Notice) As the subject lands are also located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo apply. Per s. 59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; -Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Regional Fee The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 2. The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. Hydro One Comments: th We are in receipt of your Application for Consent, B-2023-029 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Voltage Facilities and Corridor Lands' only. area Distribution Supplier. GRCA Comments: 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. Metrolinx Comments: Metrolinx is in receipt of the consent application for 15 Ellen Street West, Kitchener, to permit the severance of the lot to facilitate a lot addition to the property at 11 Ellen Street West. Application are noted below: The subject property is located within 300 metres of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that theregistration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Civic Centre Neighbourhood Secondary Plan Zoning By-law 85-1 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 15 Ellen Street West - B 2023-029 Date:Friday, July 28, 2023 11:27:38 AM Attachments:image001.png You don't often get email from gabriel.arabia@hydroone.com. Learn why this is important Hello, th We are in receipt of your Application for Consent, B 2023-029 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email To: Committee of Adjustments, City of Kitchener From: Adjacent Developments GO Expansion and LRT Third Party Projects Review - Metrolinx th Date: July 27, 2023 Re: B 2023-029 15 Ellen Street West Metrolinx is in receipt of the consent application for 15 Ellen St W, Kitchener, to permit the severence Application are noted below: The subject property is located within 300m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor o Warning: The Applicant is advised that the subject land is located 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. 2 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 x 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: August 4, 2023 REPORT NO.: DSD-2023-347 SUBJECT: Consent Applications B2023-030 and B2023-031 83 and 87 Victoria Street North RECOMMENDATION: A. That Consent Application B2023-030 for 83 Victoria Street North requesting consent to sever a parcel of land having a lot width of 10.2 metres, a lot depth of 17, metres and a lot area of 173.6 square metres, BE APPROVED subject to the following conditions: 1. That the Osolicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 2. That the 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 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 4. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and LandsPart 3 as shown in the draft reference Plan, prepared by MTE, dated June 6, 2023, attached to Report DSD-2023-347 - *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North), to provide the following: That title to the Retained Lands and Part 4 on the Draft R-Plan and Lot 71 Registered Plan 374 (97 Victoria Street North) shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and none of the Retained Lands, Part 4 on the Draft R-Plan or Lot 71 Registered Plan 374 (97 Victoria Street North) shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and/or section 50 (5) of that statute applied to such conveyance or dealing. 5. Application Consolidation Parcels for the Retained Lands, Part 4 on the Draft R- Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North) immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the Owner shall: a) complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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 assessment shall address items such as, but not limited to, spatial recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That prior to final approval, the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the B. That Consent Application B2023-031 for 87 Victoria Street North requesting consent to sever a parcel of land having a lot width of 27 metres, a lot depth of 20, metres and a lot area of 542.4 square metres, BE APPROVED subject to the following conditions: 1. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 4. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and 4 as shown in the draft reference Plan, prepared by MTE, dated June 6, 2023, attached to Report DSD-2023--3 on the Draft R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North), to provide the following: That title to the Retained Lands and Part 3 on the Draft R-Plan and Lot 71 Registered Plan 374 (97 Victoria Street North) shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and none of the Retained Lands, Part 3 on the Draft R-Plan or Lot 71 Registered Plan 374 (97 Victoria Street North) shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and/or section 50 (5) of that statute applied to such conveyance or dealing. 5. That ster an Application Consolidation Parcels for the Retained Lands, Part 3 on the Draft R- Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North) immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the Owner shall: a) complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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 sati assessment shall address items such as, but not limited to, spatial recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That prior to final approval, the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of the proposed consent applications to create new lot fabrics at 83 and 87 Victoria Street North and bind the two retained parcels with the property municipally known as 97 Victoria Street North, to permit the creation of a new affordable housing project. Community engagement included circulation of the application via mail, notification by way of the Record and signage placed on the property. There are no financial implications. This report supports the delivery of core services BACKGROUND: In January of 2023 the Committee of Adjustment approved Minor Variance Applications A2023-011, A2023-012 and A2023-013, and Consent Applications B2023-002 and B2023- 003 at 83, 87, and 97 Victoria Street North for the KW Working Centre for the Unemployed to facilitate an affordable housing project with ancillary services. Two Consent Applications for lot additions with applicable minor variances were approved to add lands from 83 and 87 Victoria Street North to 97 Victoria Street North. Since that time the applicant and staff have identified that the lot additions once endorsed would automatically merge on title. To rectify the January 2023 consent applications the applicant has applied for two new consent applications proposing to sever the fronts of 83 Victoria Street North (Parcel 1) and front of 87 Victoria Street North Parcel 2) while the retained lands, the rear of 83 Victoria Street North (Parcel 1) and rear of 87 Victoria Street North (Parcel 2) would bind together with 97 Victoria Street North through an Agreement registered on title. No new minor variance applications are required and Minor Variance Applications A2023-011-013 are in full force and effect. The subject properties, 83, 87 and 97 Victoria Street North are located near the intersection of Victoria Street North and Weber Street West with frontage on both Victoria Street North and Heit Lane. 83 Victoria Street North is currently developed with a community dental clinic, 87 Victoria Street North is currently developed with a residential care facility and 97 Victoria Street North is currently developed with a retail store and community kitchen. All three properties are owned and operated by the KW Working Centre for the Unemployed health services. The existing development of the neighbourhood consists of commercial buildings, multiple dwellings, single detached dwellings, institutional buildings and industrial buildings. Lot sizes vary in width, depth, and area in this neighborhood. City Planning staff conducted a site inspection of the property on July 28, 2023. Figure 1 - Location Map: 83 and 87 Victoria Street North Urban Structure 2014 Official Plan. The properties are currently zoned -6) with Special Regulation -law 85- 1. Minor variance applications were approved in January 2023 (A2023-011 to 013) for each property to legalize lot widths, building façade heights, setbacks and parking requirements. The purpose of this report is to recommend approval of the proposed consent applications to create new lot fabrics at 83 and 87 Victoria Street North and bind the two retained parcels with 97 Victoria Street North applications to permit the creation of a new affordable housing project. The severed lot creating a new lot fabric at 83 Victoria Street South would have a lot frontage on 10.2 metres, a lot depth of 17 metres and an area of 173.6 square metres. The severed lot creating a new lot fabric at 87 Victoria Street South would have a lot frontage on 27 metres, a lot depth of 20 metres and an area of 542.4 square metres while the two retained parcels of lands would bind together with 97 Victoria Street North through an Agreement registered on title. Figure 2 Existing buildings at 83 and 87 Victoria Street North Figure 3 Proposed Severance Sketch REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. and within a Major Transit Station Area (MTSA) in the 2014 Kitchener Official Plan. In the Urban Structure the lands appear within the MTSA circle for the Central Station. Urban Growth Centres plan to accommodate significant population and employment growth. and the severance applications will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): re growth will be within the Urban Area. The subject lands are designated Urban Growth Centre in the ROP. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has indicated that they have no objections to the proposed severance applications and provide additional ROP commentary with respect to natural heritage, servicing and noise in the attached Region of Waterloo comments. Planning staff are of the opinion that the severance applications conform to the Regional Official Plan. Urban Structure 2014 Official Plan. Section 17.E.20.4 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding boundary adjustments and conveying additional lands to an abutting lot provided an undersized lot is not created. The proposed severance is in accord with this aspect of the plan and maintains the residential land use designation. Planning staff is of the opinion that the size, dimension and shape of the lots are result of the severance applications are suitable for the use of the lands and compatible with the surrounding neighbourhood, which is developed with commercial buildings, industrial buildings, institutional buildings, single detached, semi detached and multiple dwellings all with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severances conform with the City of Kitchener Official Plan. Zoning By-law The properties are currently zoned -6) with Special Regulation -law 85- 1. Minor variance applications were approved in January 2023 (A2023-011 to 013) for each property to legalize lot widths, building façade heights, setbacks and parking requirements. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood. The subject lands all front onto a public street and full services are available for the lands. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The future use of both the severed and retained parcels are in conf-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community, that natural resources are conserved and that there are adequate services for the lands. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, and is good planning and in the public interest. Environmental Planning Comments: Environmental Planning staff have no concerns. Heritage Planning Comments: The property municipally addressed as 97 Victoria Street North is listed as a property of cultural heritage value or interest on the Kitchener Municipal Heritage Register. A Heritage Impact Assessment (HIA) has been submitted as part of an active planning application for 97 Victoria Street North and is currently under review. Heritage Planning staff have no concerns or issues with these applications. Building Division Comments: The Building Division has no objections to the proposed consent provided: 1. A qualified designer is retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: Engineering staff have no concerns. Parks/Operations Division Comments: Parks and Operations staff have no concerns. Transportation Planning Comments: Transportation Services have no concerns with the proposed applications. Region of Waterloo Comments: Region of Waterloo staff have no concerns. Metrolinx Comments: Metrolinx is in receipt of the consent applications for 83 and 87 Victoria St N, Kitchener, to subject application are noted below: The subject properties are located within 300 m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). Metrolinx notes that they are a stakeholder that has provided comments on the comprehensive application including Site Plan Application. If the easement has not yet been initiated, please do so by contacting the above. If the easement has already been initiated or completed, please provide the Transfer Easement document for confirmation. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. 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 b 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 85-1 DSD-2023-040 ATTACHMENTS: Attachment A Draft Reference Plan July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 83 Victoria Street North - B 2023-030 Date:Friday, July 28, 2023 11:28:40 AM Attachments:image001.png Hello, th We are in receipt of your Application for Consent, B 2023-030 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email To: Committee of Adjustments, City of Kitchener From: Adjacent Developments GO Expansion and LRT Third Party Projects Review - Metrolinx th Date: July 27, 2023 Re: B 2023-030 and B 2023-031 83 Victoria Street North and 87 Victoria Street North Metrolinx is in receipt of the consent applications for 83 and 87 Victoria St N, Kitchener, to permit the noted below: The subject properties are located within 300m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). o Metrolinx notes that they are a stakeholder that has provided comments on the comprehensive application including Site Plan Application. If the easement has not yet been initiated, please do so by contacting the above. If the easement has already been initiated or completed, please provide the Transfer Easement document for confirmation. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor o The Applicant is advised that the subject Warning: 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. 2 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 x 7073 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: August 4, 2023 REPORT NO.: DSD-2023-347 SUBJECT: Consent Applications B2023-030 and B2023-031 83 and 87 Victoria Street North RECOMMENDATION: A. That Consent Application B2023-030 for 83 Victoria Street North requesting consent to sever a parcel of land having a lot width of 10.2 metres, a lot depth of 17, metres and a lot area of 173.6 square metres, BE APPROVED subject to the following conditions: 1. That the Osolicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 2. That the 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 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 4. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and LandsPart 3 as shown in the draft reference Plan, prepared by MTE, dated June 6, 2023, attached to Report DSD-2023-347 - *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North), to provide the following: That title to the Retained Lands and Part 4 on the Draft R-Plan and Lot 71 Registered Plan 374 (97 Victoria Street North) shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and none of the Retained Lands, Part 4 on the Draft R-Plan or Lot 71 Registered Plan 374 (97 Victoria Street North) shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and/or section 50 (5) of that statute applied to such conveyance or dealing. 5. Application Consolidation Parcels for the Retained Lands, Part 4 on the Draft R- Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North) immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the Owner shall: a) complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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 assessment shall address items such as, but not limited to, spatial recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That prior to final approval, the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the B. That Consent Application B2023-031 for 87 Victoria Street North requesting consent to sever a parcel of land having a lot width of 27 metres, a lot depth of 20, metres and a lot area of 542.4 square metres, BE APPROVED subject to the following conditions: 1. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 4. That the owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and 4 as shown in the draft reference Plan, prepared by MTE, dated June 6, 2023, attached to Report DSD-2023--3 on the Draft R-Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North), to provide the following: That title to the Retained Lands and Part 3 on the Draft R-Plan and Lot 71 Registered Plan 374 (97 Victoria Street North) shall at all times be maintained in identical ownership and said lands shall be treated as one lot or parcel with respect to the Planning Act and none of the Retained Lands, Part 3 on the Draft R-Plan or Lot 71 Registered Plan 374 (97 Victoria Street North) shall be separately conveyed, or otherwise dealt with, without the prior consent of the City of Kitchener, with the criteria for granting or withholding such consent to be the applicable considerations to be applied if a consent for severance was applied for under the Planning Act, as if section 50 (3) and/or section 50 (5) of that statute applied to such conveyance or dealing. 5. That ster an Application Consolidation Parcels for the Retained Lands, Part 3 on the Draft R- Plan, and Lot 71 Registered Plan 374 (97 Victoria Street North) immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. That the Owner shall: a) complete a Building Code Assessment for the existing buildings proposed to be retained on the Severed and Retained parcels 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 sati assessment shall address items such as, but not limited to, spatial recommendations such as closing in of openings pending spatial separation calculation results. b) A Building Permit shall be obtained for any remedial work/ upgrades required by the Building Code Assessment. 7. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That prior to final approval, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 9. That prior to final approval, the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of the proposed consent applications to create new lot fabrics at 83 and 87 Victoria Street North and bind the two retained parcels with the property municipally known as 97 Victoria Street North, to permit the creation of a new affordable housing project. Community engagement included circulation of the application via mail, notification by way of the Record and signage placed on the property. There are no financial implications. This report supports the delivery of core services BACKGROUND: In January of 2023 the Committee of Adjustment approved Minor Variance Applications A2023-011, A2023-012 and A2023-013, and Consent Applications B2023-002 and B2023- 003 at 83, 87, and 97 Victoria Street North for the KW Working Centre for the Unemployed to facilitate an affordable housing project with ancillary services. Two Consent Applications for lot additions with applicable minor variances were approved to add lands from 83 and 87 Victoria Street North to 97 Victoria Street North. Since that time the applicant and staff have identified that the lot additions once endorsed would automatically merge on title. To rectify the January 2023 consent applications the applicant has applied for two new consent applications proposing to sever the fronts of 83 Victoria Street North (Parcel 1) and front of 87 Victoria Street North Parcel 2) while the retained lands, the rear of 83 Victoria Street North (Parcel 1) and rear of 87 Victoria Street North (Parcel 2) would bind together with 97 Victoria Street North through an Agreement registered on title. No new minor variance applications are required and Minor Variance Applications A2023-011-013 are in full force and effect. The subject properties, 83, 87 and 97 Victoria Street North are located near the intersection of Victoria Street North and Weber Street West with frontage on both Victoria Street North and Heit Lane. 83 Victoria Street North is currently developed with a community dental clinic, 87 Victoria Street North is currently developed with a residential care facility and 97 Victoria Street North is currently developed with a retail store and community kitchen. All three properties are owned and operated by the KW Working Centre for the Unemployed health services. The existing development of the neighbourhood consists of commercial buildings, multiple dwellings, single detached dwellings, institutional buildings and industrial buildings. Lot sizes vary in width, depth, and area in this neighborhood. City Planning staff conducted a site inspection of the property on July 28, 2023. Figure 1 - Location Map: 83 and 87 Victoria Street North Urban Structure 2014 Official Plan. The properties are currently zoned -6) with Special Regulation -law 85- 1. Minor variance applications were approved in January 2023 (A2023-011 to 013) for each property to legalize lot widths, building façade heights, setbacks and parking requirements. The purpose of this report is to recommend approval of the proposed consent applications to create new lot fabrics at 83 and 87 Victoria Street North and bind the two retained parcels with 97 Victoria Street North applications to permit the creation of a new affordable housing project. The severed lot creating a new lot fabric at 83 Victoria Street South would have a lot frontage on 10.2 metres, a lot depth of 17 metres and an area of 173.6 square metres. The severed lot creating a new lot fabric at 87 Victoria Street South would have a lot frontage on 27 metres, a lot depth of 20 metres and an area of 542.4 square metres while the two retained parcels of lands would bind together with 97 Victoria Street North through an Agreement registered on title. Figure 2 Existing buildings at 83 and 87 Victoria Street North Figure 3 Proposed Severance Sketch REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement, 2020: The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. and within a Major Transit Station Area (MTSA) in the 2014 Kitchener Official Plan. In the Urban Structure the lands appear within the MTSA circle for the Central Station. Urban Growth Centres plan to accommodate significant population and employment growth. and the severance applications will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): re growth will be within the Urban Area. The subject lands are designated Urban Growth Centre in the ROP. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has indicated that they have no objections to the proposed severance applications and provide additional ROP commentary with respect to natural heritage, servicing and noise in the attached Region of Waterloo comments. Planning staff are of the opinion that the severance applications conform to the Regional Official Plan. Urban Structure 2014 Official Plan. Section 17.E.20.4 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding boundary adjustments and conveying additional lands to an abutting lot provided an undersized lot is not created. The proposed severance is in accord with this aspect of the plan and maintains the residential land use designation. Planning staff is of the opinion that the size, dimension and shape of the lots are result of the severance applications are suitable for the use of the lands and compatible with the surrounding neighbourhood, which is developed with commercial buildings, industrial buildings, institutional buildings, single detached, semi detached and multiple dwellings all with lots sizes that vary in width, depth, and area. The lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severances conform with the City of Kitchener Official Plan. Zoning By-law The properties are currently zoned -6) with Special Regulation -law 85- 1. Minor variance applications were approved in January 2023 (A2023-011 to 013) for each property to legalize lot widths, building façade heights, setbacks and parking requirements. Planning staff is of the opinion that the size, dimensions and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood. The subject lands all front onto a public street and full services are available for the lands. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The future use of both the severed and retained parcels are in conf-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community, that natural resources are conserved and that there are adequate services for the lands. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe, and is good planning and in the public interest. Environmental Planning Comments: Environmental Planning staff have no concerns. Heritage Planning Comments: The property municipally addressed as 97 Victoria Street North is listed as a property of cultural heritage value or interest on the Kitchener Municipal Heritage Register. A Heritage Impact Assessment (HIA) has been submitted as part of an active planning application for 97 Victoria Street North and is currently under review. Heritage Planning staff have no concerns or issues with these applications. Building Division Comments: The Building Division has no objections to the proposed consent provided: 1. A qualified designer is retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: Engineering staff have no concerns. Parks/Operations Division Comments: Parks and Operations staff have no concerns. Transportation Planning Comments: Transportation Services have no concerns with the proposed applications. Region of Waterloo Comments: Region of Waterloo staff have no concerns. Metrolinx Comments: Metrolinx is in receipt of the consent applications for 83 and 87 Victoria St N, Kitchener, to subject application are noted below: The subject properties are located within 300 m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). Metrolinx notes that they are a stakeholder that has provided comments on the comprehensive application including Site Plan Application. If the easement has not yet been initiated, please do so by contacting the above. If the easement has already been initiated or completed, please provide the Transfer Easement document for confirmation. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor. 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. 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 b 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 85-1 DSD-2023-040 ATTACHMENTS: Attachment A Draft Reference Plan July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 87 Victoria Street North - B 2023-031 Date:Friday, July 28, 2023 11:29:22 AM Attachments:image001.png Hello, th We are in receipt of your Application for Consent, B 2023-031 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email To: Committee of Adjustments, City of Kitchener From: Adjacent Developments GO Expansion and LRT Third Party Projects Review - Metrolinx th Date: July 27, 2023 Re: B 2023-030 and B 2023-031 83 Victoria Street North and 87 Victoria Street North Metrolinx is in receipt of the consent applications for 83 and 87 Victoria St N, Kitchener, to permit the noted below: The subject properties are located within 300m of Metrolinx's Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). o Metrolinx notes that they are a stakeholder that has provided comments on the comprehensive application including Site Plan Application. If the easement has not yet been initiated, please do so by contacting the above. If the easement has already been initiated or completed, please provide the Transfer Easement document for confirmation. The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor o The Applicant is advised that the subject Warning: 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arising from same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. 2 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 15, 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 5 DATE OF REPORT: August 2, 2023 REPORT NO.: DSD-2023-351 SUBJECT: Consent Application B2023-034 685 Fischer Hallman Road RECOMMENDATION: That Consent Application B2023-034 for Drive Through, to facilitate a Lease Agreement in excess of 21 years in favour of Tim -through, BE APPROVED, subject to the following conditions: 1. solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the 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 3. That the Owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to ist. 4. That the Owner verify, in writing, whether the Lease Agreement, is affected by any required or existing easements and/or restricted covenants, to confirm the necessary arrangements for servicing, shared parking and access are in place. 5. That the Owner verify, in writing, that the subject property has been developed in accordance with the Approved Site Plan Agreement, and if necessary, the Site Plan *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Agreement is to be amended to include any required revisions and/or updates. 6.That the Owner verify, in writing, that the Lease Agreement complies with and fulfils all pertinent provisions of the Ontario Planning Act. 7. That, prior to final approval, the Owner submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 8. That the Owner submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. REPORT HIGHLIGHTS: The purpose of this report is to review an application requesting consent to enter into a long-term lease exceeding 21 years for a restaurant and drive-through located on the lands addressed as 685 Fischer Hallman Road. The building is existing, and no new development is proposed. 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 Cit Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located within a commercial plaza at the southwest corner of Fisher Hallman Road and Ottawa Street South. Map 2. --Specific Provision (35) in Zoning By-law 2019-051. The owner of a commercial plaza located at 685 Fischer-Hallman Road is requesting consent, as per Section 50 (3) of the Ontario Planning Act, to permit the execution of a long- iod exceeding 21 years in duration. The building is existing and no new Gross Floor Area (GFA) is proposed. The applicant has requested that the lease agreement apply to the area shown in grey outlined in red on the lease sketch, shown as Figure 1 below, submitted with the application. This area is 793 square metres in size and -through. Site Plan Application SP01/06/FGR to permit the development of the commercial plaza, having 4 buildings and 209 parking spaces was approved, and a Section 41 Agreement registered on July 11, 2002. The site has been fully developed and, according to City records, there are no outstanding site matters to address. The site was planned and developed comprehensively as a plaza complex with all the buildings utilizing and sharing the parking areas, walkways and two approved accesses for the site via Ottawa Street South and Fischer Hallman Road. Easements documents attached to the application indicate that there is shared access for entry, parking, and servicing; however, as a condition of approval. staff is requesting confirmation of this. and Drive-through REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP): As the proposal is to facilitate a long- a period greater than 21 years, no lots are being created or lot lines being adjusted, and no opinion that no sections of the PPS, Growth Plan or Regional Official Plan are specifically relevant, and that the application would conform to these plans and policies. With respect to the Official Plan, no new parcels will be created through this application. The consent will not frustrate the planned function or ability of the site to operate (with shared access and parking) or appear to impede the outcome of any future planning processes. The use of property is in conformi In considering that the intent of the proposal is to facilitate an administrative consent required by the Planning Act and that no changes are proposed to the existing, permitted commercial devel adversely impact any policies of the Official Plan. Zoning By-law 2019-051 -law the use of the subject lands for a commercial plaza - with the Zoning By-law with respect to setbacks and parking. The long-term lease would not negatively impact the remainder of the commercial plaza and no minor variances are required as a result of the long-term lease. Figure 2: Photo of Subject Property Planning Conclusions/Comments: The long-term lease will not impact or restrict the existing and ultimate development of the subject lands and is considered to be appropriate and in accordance with the policies of the Official Plan and the criteria set out in Section 51 (24) of the Planning Act. Planning staff recommend approval of the application. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: No Engineering comments or concerns. Parks/Operations Division Comments: No concerns, Parkland Dedication is not required for permission to extend lease beyond 21 years. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: The purpose of the application is to seek permission to extend the lease (21 years or -Hallman Road at Ottawa Street S. Source Water Protection For information, the property is designated a Wellhead Protection Sensitivity Area 8 on Map 6a in the Regional Official Plan (ROP). The purpose of this designation and the corresponding policies in Chapter 8 of the ROP is to protect long term municipal groundwater supplies. Notice of Source Protection Plan Compliance (Section 59 Notice) As the subject lands are also located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo apply. Per s. 59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Regional Fee The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 2. The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) ROPA 6 Official Plan (2014) Zoning By-law 2019-051 July 27, 2023 via email 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 August 15, 2023 Applications for Minor Variance A 2023-088 52 Earl Street A 2023-089 204 Fifth Avenue A 2023-090 2-56 Benninger Drive A 2023-091 181 Weber Street East A 2023-092 68 Rushbrook Drive A 2023-094 39 Third Avenue A 2023-095 64 Garden Avenue A 2023-096 1020 Ottawa Street North A 2023-097 68 Betzner Avenue North A 2023-098 134-152 Shanley Street A 2023-099 195 Victoria Street North A 2023-100 332 Prospect Avenue A 2023-101 471 Duke Street West Applications for Consent B 2023-027 116 Hoffman Street B 2023-028 47 & 51 Pequegnat Avenue B 2023-029 15 Ellen Street West B 2023-030 83 Victoria Street North B 2023-031 87 Victoria Street North B 2023-034 685 Fischer Hallman Road Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any 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 haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Izesp!Pof!Ofuxpslt!Jod/ Gbdjmjujft!'!Sfbm!Ftubuf! Q/P/!Cpy!5411! Nbslibn-!Poubsjp!!M4S!6\[6! xxx/IzespPof/dpn! Dpvsjfs;! 296!Dmfhh!Spbe! Nbslibn-!Poubsjp!!M7H!2C8!!!!!! ! VIA E-MAIL ONLY TO CofA@kitchener.ca July 28, 2023 185 Clegg Road Dear City of Kitchener Planning Division: Re: Proposed Application for Consent, Dillion Consulting 685 Fischer Hallman Road City of Kitchener File: B 2023-034 completed a preliminary review of the above noted consent to sever application. As the subject property is abutting and/or bisected by a has no objection in principle to the asement rights are protected and maintained. Please be advised that any placement of permanent structures, facilities or landscaping within the transmission corridor is prohibited without the prior written approval of HONI. If in the future the owner proceeds with a site plan, plan of subdivision and/or plan of condominium application, the owner must make arrangements satisfactory to HONI for lot grading and drainage, and any proposed uses on the transmission corridor. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this proposal will become the responsibility of the developer. Our preliminary review only considers issues affecting HONItransmission facilities and transmission corridor lands. For any proposals affecting distribution facilities (low voltage), the developer should consult the local distribution supplier. If you have any questions, please contact me at dennis.derango@hydroone.com or at 905-946-6237. Yours truly, Dennis De Rango Specialized Services Team Lead, Real Estate Hydro One Networks Inc. Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 16, 2023 SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: August 3, 2023 REPORT NO.: DSD-2023-353 SUBJECT: Minor Variance Applications A2023-102 and A2023-103 Consent Application B2023-032 and B2023-033 485 and 495 Huron Road RECOMMENDATION: Minor Variance Application A2023-102 485 Huron Road A. That Minor Variance Application A2023-102 for 485 Huron Road requesting relief from Section 9.3, Table 9-2 of Zoning By-law 2019-051, to permit an interior side yard setback of 1.5 metres instead of the required 3.0 metres to facilitate the development of a commercial building in accordance with Site Plan Application SP23/005/H/TS, BE APPROVED. Minor Variance Application A2023-103 495 Huron Road B. That Minor Variance Application A2023-103 for 495 Huron Road requesting relief from Section 8.3, Table 8.2, of Zoning By-Law 2019-051 for the following: i) To permit the maximum number of storeys in the base of a mid-rise building or tall building of 10 storeys instead of the maximum permitted 6 storeys; ii) To permit a minimum street line step back for mid-rise building and tall building of 0 metres instead of the minimum required 3 metres; iii) To permit a ground floor street line façade width as a percent of the width of the abutting street line of 20% instead of the minimum required 50%; and iv) To permit the minimum percent of street line façade openings of 0% instead of the minimum required 50%; to facilitate the development of a multiple dwelling residential building in accordance with Site Plan Application SP22/128/H/TS, BE APPROVED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Consent Application B2023-032 485 Huron Road C. That Consent Application B2023-032 for 485 Huron Road requesting consent to sever a parcel of land having a lot width of 56.2 metres, a lot depth of 149.72 metres and a lot area of 0.84 hectares, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2023-102 receive final approval. 2. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction 4. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information prior to deed endorsement. 7. That the 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. 8. That any new driveways are to be built to City of Kitchener standards at the 9. That the Owner provides confirmation that the basement elevation can be 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 Director of Engineering Services. 10. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 11. The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 12. The owner/applicant must enter into a registered agreement with the City of Kitchener to provide that all outdoor mechanical equipment such as rooftop chillers or air makeup units for the proposed commercial buildings, i.e., Commercial Units and Activa Design Studio, will be designed to have a noise impact of less than 35dBA at any residential unit(s) on the proposed residential building municipally known as 495 Huron Road. The agreement must also include a provision to provide a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the above mechanical equipment meets the required noise level objective. 13. The owner/applicant must submit a salt management plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services. Consent Application B2023-033 495 Huron Road D. That Consent Application B2023-033 for 495 Huron Road requesting consent to sever a parcel of land having a lot width of 79.3 metres, a lot depth of 149.72 metres and a lot area of 1.49 hectares, and requesting consent to create an access easement having a width of 7.3 metres, a depth of 149.72 metres and area of 0.1 hectares, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2023-103 receive final approval. 2. That the O associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 4. Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 5. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 6. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Mapping Technologist. 7. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information prior to deed endorsement. 9. That the 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. 10. That any new driveways are to be built to City of Kitchener standards at the 11. That the Owner provides confirmation that the basement elevation can be 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 Director of Engineering Services. 12. The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 13. The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 14. The owner/applicant must enter into a registered agreement with the City of Kitchener to provide the following: a) The developer agrees to implement the recommendations of the report "Proposed Activa Huron (B2 Lands) Development-Huron Road & Strasburg Road Kitchener Ontario-Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec Consulting Limited further agrees that: b) Proposed Building (ALL DWELLING UNITS) North and East Facades The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant's discretion. The following Noise Warning Clauses be included on all offers of purchase, deeds and rental agreements for the building: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road 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 "This dwelling unit has been designed with the provision for 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." South Façade The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant's discretion. The building/units will be designed and installed with special building components with a minimum STC Rating of 29. The acoustic assessment will be updated, and the STC Rating values will be reviewed once the final design and the architectural drawings are available. The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road 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 unit has been designed with the provision for 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." North, South and East Façades The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: "Purchasers/tenants are advised that due to the proximity of the adjacent industrial and commercial facilities, noise from these facilities c) That a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the noise mitigation measures in Clauses a) and b) above have been provided and meets the required noise level objectives of the MECP NPC-300 guidelines. 15. The owner/applicant must submit a Salt Management Plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services. REPORT HIGHLIGHTS: The purpose of this report is to recommend approval of the proposed consent applications and associated minor variance applications to permit the creation of a new residential development and a new commercial development. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property at 485 and 495 Huron Road are located on the north side of Huron Rd, in close proximity to the roundabout intersection of Huron Road and Strasburg Road and are currently vacant. The applicant has proposed a ten (10) storey residential building on the west side of the property (495 Huron Road) and a 1 storey commercial building on the east side of the property (485 Huron Road). The retained lands at the rear of the property are to remain undeveloped. The subject properties are Community Nodeon Map 2 Urban Structure and are , on Map 3 495 Huron Road is Mixed Use Two Zone (MIX-2) with Site Specific Provision (122), General -2) with Site Specific Provision (119), and the lands at the rear of the property are zoned Natural Conservation Zone (NHC-1) in Zoning By-law 2019-051. Minor variance applications are required for each property to facilitate the proposed developments. City Planning staff conducted a site inspection of the property on July 27, 2023. Image 1 - Location Map: 485 and 495 Huron Road Image 2 Existing property 485 and 495 Huron Road The applicant is proposing to create a new ten(10)storey residential building and a new one (1) storey commercial building on the proposed new lots. Both properties have submitted for Site Plan approval, and both plans have received conditional approval under Site Plan Applications SP22/128/H/TS and SP23/005/H/TS. An easement has also been requested over 495 Huron Road, to permit access to 485 Huron Road and the retained Natural Heritage Conversation lands at the rear, which will allow for one access entry/exit within the entire site. The lands to be severed for 485 Huron Road will have a width of 56.2 metres, a depth of 149.7 metres and an area of 0.84 hectares (Lands to be severed 2 in the image below). The lands to be severed for 495 Huron Road will have a lot width of 79.3 metres, a depth of 149.7 metres and a lot area of 1.49 hectares. An access easement will have a width of 7.3 metres, a depth of 149.72 metres and an area of 0.1 hectares. The retained lands will have a lot area of 13.7 hectares and is an irregular shaped lot. The easement will allow access over 495 Huron Road in favour of 485 Huron Road and the retained lands at the rear of 485 and 495 Huron Road. Image 3 Proposed Severance Sketch REPORT: Planning Comments Minor Variance Application A2023-102: The applicant is requesting relief from Section 9.3, Table 9-2 of Zoning By-law 2019-051, to permit an interior side yard setback of 1.5 metres instead of the required 3.0 metres. 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 designated commercial use will provide for a range of commercial activities and are intended to ensure that commercial activities are well distributed, accessible and able to Section 15.5.2 states that an objective of the Commercial designation is to provide development opportunities in locations close to where people live and work to help achieve complete communities. The requested variance to permit a reduced side yard setback supports the objectives and policies of the commercial designation. Staff is of the opinion that the intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the regulation that requires an interior side yard setback of 3 metres is to provide adequate separation of buildings and provide for site functionality. The proposed side yard setback of 1.5 metres is required due to the slope of the lands and the requirement for a retaining wall. The adjacent property is employment lands and there will be no impact to the employment use as a result of the reduced side yard setback. The adjacent building is over 30 metres away from the property line and there will be no concerns with separation distance or site functionality. Therefore, Staff is off the opinion that the requested variance for a reduction to the interior side yard setback 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 effects of the variance is minor. Given the side yard setback is adjacent to the employment lands to the east and that the reduction is 1.5 metres, Planning staff do not expect any adverse impacts as a result of the requested variance, and therefore the effects can be considered minor. 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 is desirable for the appropriate development and use of the lands, building and/or structure. The proposed variances support the creation of a commercial development on the property. Planning Comments Minor Variance Application A2023-103: The applicant is requesting relief from Section 8.3, Table 8.2 of Zoning By-Law 2019-051 for the following: i) To permit the maximum number of storeys in the base of a mid-rise building or tall building of 10 storeys instead of the maximum permitted 6 storeys; ii) To permit a minimum street line step back for mid rise building and tall building of 0 metres instead of the minimum required 3 metres; iii) To permit a ground floor street line façade width as a percent of the width of the abutting street line of 20% instead of the minimum required 50%; and iv) To permit the minimum percent of street line façade openings of 0% instead of the minimum required 50%. 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 designated Mixed Use are intended to be flexible and responsive to land use pattern changes and demands and permit a broad range of uses at different scales and intensities As such, an appropriate and compatible mix and range of commercial, retail, institutional and residential uses, at different scales and intensities will be encouraged and supported within lands designated Mixed Use. Staff is of the opinion the proposed development will provide residential uses in a form and density that is compatible with the surrounding neighbourhood, and therefore the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Maximum number of storeys in the base of a mid-rise building and minimum street line stepback The intent of the regulations for maximum number of storeys and minimum street line stepback are to ensure compatible built form in close proximity to the street line and public realm as well as adjacent properties. The proposed front yard setback of 25.0 metres and side yard setback of 12.7 meters of the building means the development will have additional separation from the streetscape. Because of this separation no base is proposed within the building. Furthermore, the area in question is more car dominated and there are no other mixed use properties on this side of the street that would require the building to be set closer to the front property line setback. Additional enhanced landscaping is also required within the front yard in order to provide additional screening of the building. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Minimum ground floor street line façade and minimum percent street line façade openings The intent of the regulations for minimum ground floor street line façade width as a percent of the width of the abutting street line and minimum percent of street line façade openings is to ensure adequate street frontage within the public realm that maintains building facades with active façade openings in downtown and urban core settings. The subject lands are not located with the Urban Growth Centre or Major Transit Station Area and the property is surrounded by low rise residential, employment uses and natural heritage lands. The proposed 25.0 metre setback of the building means the building is separated from the streetscape and the enhancements that these regulations intend to complement the street frontage are not applicable. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the requested variances are not expected to cause adverse impacts to the abutting lands or surrounding neighbourhood. Staff are of the opinion that effects of the variances are minor. 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 variances are desirable for the appropriate development and use of the lands, building and/or structure. The proposed variances support the creation of an affordable housing project and ancillary support services and legalize existing site conditions. Planning Comments Consent Applications B2023-032 and B2023-033: 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 other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. d built up area. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit and allow for one entry onto Huron Road by providing a shared access between 485 and 495 Huron Road and the Natural Heritage Conservation lands at the rear . Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed application conforms 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 applications conforms to the Regional Official Plan. The subject properties are Community Node Urban Structure and are Mixed Use and Commercial 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: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent Planning staff is of the opinion that the size, dimension and shape of the lots as a result of the severance are suitable for the use of the lands and compatible with the surrounding neighbourhood. The lands front onto a public street and full services are available. Planning staff is of the opinion that the proposed severances conform with the City of Kitchener Official Plan. Zoning By-law 2019-051 The subject property is Mixed Use Two Zone (MIX-2) with Site Specific Provision (122),Commercial (COM-2)with Site Specific Provision (119)and Natural Conservation (NHC-1) in Zoning By-law 2019-051. Planning staff is of the opinion that the uses, size, dimensions, and shape of the proposed lots comply with the Zoning By-law and are suitable for the use of the lands and compatible with the surrounding neighbourhood. 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 and the easement are desirable and appropriate. Environmental Planning Comments: Natural heritage and tree management issues are being addressed through the Site Plan Applications. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided building permits for the commercial building and new apartment building are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. The Building Division has no objections to the proposed consents. Engineering Division Comments: B2023-032 485 Huron Road (Commercial) 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 Jason Brule (jason.brule@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the 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 municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. B2023-033 495 Huron Road (Residential) 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 Jason Brule (jason.brule@kitchener.ca). Any new driveways are to be built to City of Kitchener standards. All works are at the 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 municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: A2023-102 485 Huron Road (Commercial) Parks and Cemeteries concerns and requirements have been addressed through SP23/005/H/TS A2023-103 495 Huron Road (Residential) Parks and Cemeteries concerns and requirements have been addressed through SP22/128/H/TS B2023-032 485 Huron Road (Commercial) Parkland dedication requirements will be addressed through SP23/005/H/TS. Parks and Cemeteries have some concerns with the retained NHC portion of the lands lacking legal frontage on a street see 2019-051 Section 4.6. In addition, the existing/proposed grading for the shared access easement may not allow functional access to the retained lands. B2023-033 495 Huron Road (Residential) Parkland dedication requirements will be addressed through SP22/128/H/TS Parks and Cemeteries have some concerns with the retained NHC portion of the lands lacking legal frontage on a street see 2019-051 Section 4.6. In addition, the existing/proposed grading for the shared access easement may not allow functional access to the retained lands. Planning Response to Parks and Cemeteries Comments Planning staff have reviewed Section 4.6 of Zoning By-law 2019-051 and have no concerns with creating a parcel with no frontage as it is the intent that the retained lot will be dedicated to the City by the owner and that it will merge with other City land that are within the Huron Natural area. The width of the shared access easement is sufficient for the shared Commercial and Residential uses. In future if the lands are conveyed to the City and access the Natural Heritage Conservation lands is not functional, the City will be able to modify and/or create a new access easement, without Consent, to ensure an appropriate and functional access to the Natural Heritage Conservation lands. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: A2023-103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. B2023-032 - 485 Huron Road (Severed Lands 2 - Commercial) The purpose of the application is to create a new 0.84 ha commercial lot. This application is processed together with B2023-033 below. Source Water Protection For information, the developable portion of this property is designated a Wellhead Protection Sensitivity Area 8 on Map 6a in the Regional Official Plan (ROP). The purpose of this designation and the corresponding policies in Chapter 8 of the ROP is to protect long term municipal groundwater supplies. Notice of Source Protection Plan Compliance (Section 59 Notice) As the subject lands are also located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo apply. Per s. 59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Environmental Planning The lands at 485 and 495 Huron Road have previously been the subject of Planning Act applications that required an EIS and mitigation measures identified through that study. Other than the zoning of the environmental features and the associated buffers, there were environmental measures to be implemented through site plan approvals at the City level. Environmental Noise Study A detailed noise study "Proposed Activa Huron (B2 Lands) Development-Huron Road & Strasburg Road Kitchener Ontario-Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec. The Region, through a letter dated January 19, 2023, accepted this noise report. The recommendations of the above report, as detailed in the acceptance letter, apply to both applications (Severed Lands 1 - 495 Huron Rd and Severed Lands 2 - 485 Huron Rd). As a condition of the Consent application B2023-033 for the Residential Development, the recommendations (1 to 6) of the above-approved noise report, as detailed in the acceptance letter will be implemented through a registered agreement with the City of Kitchener. Please note that recommendation 7, noted in the Region's Acceptance Letter, also apply to the Consent Application B 2023-032 (Commercial), which notes, Outdoor mechanical equipment such as rooftop chillers or air makeup units for the proposed commercial buildings, i.e., Commercial Units and Activa Design Studio, will be designed to have a noise impact of less than 35dBA at any residential unit(s) on the proposed residential building. The noise study recommendations to be secured in an agreement with the City of Kitchener are detailed below. Salt Management Plan A Salt Management Plan will be required for both severed Lands 1 (495 Huron Road) and Lands 2 (485 Huron Road). Regional Fee The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed Consent Application B2023-032, subject to the following conditions: 1) The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 2) The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (Section 59 Notice) as per the Clean Water Act, 2006. 3) The owner/applicant must enter into a registered agreement with the City of Kitchener to provide that all outdoor mechanical equipment such as rooftop chillers or air makeup units for the proposed commercial buildings, i.e., Commercial Units and Activa Design Studio, will be designed to have a noise impact of less than 35dBA at any residential unit(s) on the proposed residential building municipally known as 495 Huron Road. The agreement must also include a provision to provide a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the above mechanical equipment meets the required noise level objective. 4) The owner/applicant must submit a salt management plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services. B2023-033 495 Huron Road (Severed Lands 1 Residential) The purpose of the application is to create a new 1.49 ha residential lot together with shared access easement over 485 Huron Rd. This application is processed together with B2023-032 above. Source Water Protection For information, the developable portion of this property is designated a Wellhead Protection Sensitivity Area 8 on Map 6a in the Regional Official Plan (ROP). The purpose of this designation and the corresponding policies in Chapter 8 of the ROP is to protect long term municipal groundwater supplies. Notice of Source Protection Plan Compliance (Section 59 Notice) As the subject lands are also located in a Source Protection Area where Grand River Source Protection Plan policies implemented by the Region of Waterloo apply. Per s. 59 of the Clean Water Act, 2006 a Notice of Source Protection Plan Compliance is required as part of a complete application submission. To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/ listing all applicable activities prescribed under the Clean Water Act related to the application. A Notice will only be considered valid if the following criteria are met; - Applicant has signed the Notice; - Address and application type on the Notice match the rest of the application; and - All activities related to the proposed application are listed in Schedule 1. Invalid Notices will not be accepted and may result in delayed approvals. Environmental Planning The lands at 485 and 495 Huron Road have previously been the subject of Planning Act applications that required an EIS and mitigation measures identified through that study. Other than the zoning of the environmental features and the associated buffers, there were environmental measures to be implemented through site plan approvals at the City level. Environmental Noise Study A detailed noise study "Proposed Activa Huron (B2 Lands) Development-Huron Road & Strasburg Road Kitchener Ontario-Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec. The Region, through a letter dated January 19, 2023, accepted this noise report. The recommendations of the above report, as detailed in the acceptance letter, apply to both applications (Severed Lands 1 - 495 Huron Road and Severed Lands 2 - 485 Huron Road). As a condition of the Consent application B2023-033 for the Residential Development, the recommendations (1 to 6) of the above-approved noise report, as detailed in the acceptance letter will be implemented through a registered agreement with the City of Kitchener. Please note that recommendation 7, noted in the Region's Acceptance Letter, also apply to the Consent Application B2023-032 (Commercial), which notes, Outdoor mechanical equipment such as rooftop chillers or air makeup units for the proposed commercial buildings, i.e., Commercial Units and Activa Design Studio, will be designed to have a noise impact of less than 35dBA at any residential unit(s) on the proposed residential building. The noise study recommendations to be secured in an agreement with the City of Kitchener are detailed below. Salt Management Plan A Salt Management Plan will be required for both Severed Lands 1 (495 Huron Road) and Lands 2 (485 Huron Road). Regional Fee The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. The Region has no objection to the proposed application, subject to the following conditions: 1) The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. 2) The owner/applicant must submit a valid Notice of Source Protection Plan Compliance (section 59 notice) as per the Clean Water Act, 2006. 3) The owner/applicant must enter into a registered agreement with the City of Kitchener to provide the following: a) The developer agrees to implement the recommendations of the report "Proposed Activa Huron (B2 Lands) Development-Huron Road & Strasburg Road Kitchener Ontario-Noise Impact Study FINAL REPORT" dated June 22, 2022, as prepared by Stantec Consulting Limited further agrees that: b) Proposed Building (ALL DWELLING UNITS) North and East Facades The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant's discretion. The following Noise Warning Clauses be included on all offers of purchase, deeds and rental agreements for the building: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road 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. "This dwelling unit has been designed with the provision for 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." South Façade The dwelling/building will be installed forced air-ducted heating and ventilation system suitable sized and designed for the provision of installation of central air conditioning at the occupant's discretion. The building/units will be designed and installed with special building components with a minimum STC Rating of 29. The acoustic assessment will be updated, and the STC Rating values will be reviewed once the final design and the architectural drawings are available. The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: "Purchasers/tenants are advised that sound levels due to increasing road traffic on Huron Road 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 unit has been designed with the provision for 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." North, South and East Façades The following Noise Warning Clauses will be required to be included on all offers of purchase, deeds and rental agreements for the building: "Purchasers/tenants are advised that due to the proximity of the adjacent industrial and commercial facilities, noise from these facilities may at times 4) That a certificate of compliance from a Professional Engineer qualified in acoustics, licensed in the Province of Ontario, certifying that the noise mitigation measures in Clause 3) above have been provided and meets the required noise level objectives of the MECP NPC-300 guidelines. 5) The owner/applicant must submit a Salt Management Plan for review and acceptance by the Regional Commissioner of Planning, Development and Legislative Services. GRCA Comments: See Attachment A 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 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 Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A GRCA Comments Attachment B 485 Huron Road Site Plan SP23/005/H/TS Attachment C 495 Huron Road Site Plan SP22/128/H/TS July 26, 2023 Committee of Adjustment via email City of Kitchener 200 King Street West Kitchener ON, N2G 4V6 CofA@kitchener.ca Re: Minor Variance and Consent Applications A 2023-102, A 2023-103, B 2023-032 and B 2023-033 485 and 495 Huron Road, Kitchener MHBC Planning/Activa Holdings Inc. Grand River Conservation Authority (GRCA) staff have reviewed the above-noted applications for minor variances and consents in support of the construction of a residential and a commercial development. Recommendation Based on our review of the materials provided, we have no concerns with the approval of the above-noted applications. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: Letters from MHBC to Garett Stevenson, City of Kitchener related to minor variance applications for 485 and 495 Huron Road, both dated June 2, 2023 including attachments Letters from MHBC to Garett Stevenson, City of Kitchener related to consent applications for 485 and 495 Huron Road, both dated June 29, 2023 including attachments Severance sketch, prepared by MHBC, dated June 2023 GRCA Comments GRCA has reviewed the applications under the Mandatory Programs and Services Regulation (O.R. 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 our office indicates that the lands the subject lands contain/are adjacent to the Strasburg Creek Provincially Significant Wetland Complex. The subject lands also contain slope erosion hazard and floodplain of Strasburg Creek. As such, GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area on both the proposed severed and retained parcels requires the prior issuance of a permit from GRCA under Ontario Regulation 150/06. Development will not be permitted within the floodplain, slope erosion hazard, its slope setback and the wetland. The severance sketch (prepared by MHBC, dated June 2023) provided with the applications illustrates the proposed residential and commercial developments. Based on this sketch, there are suitable building envelopes available on each lot for development outside of the floodplain, slope erosion hazard and its setback (as identified through the associated site plan application) and wetland. Plearecommendation of approval for these minor variance and severance applications does not include support for the site plans as attached. We have several outstanding concerns that need to be addressed prior to our recommendation of final approval of the site plan applications and for the issuance of any GRCA permits. We trust that those concerns can be addressed through the site plan process. For municipal consideration 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. consent and minor variance applications and the applicant will be invoiced in the amount of minor fee will be charged since GRCA has invoiced the major fee for the associated site plan applications. A separate fee will be required for GRCA permits on both severed parcels. Refer to our site plan comments for permitting requirements. Should you have any questions, please contact Chris Foster-Pengelly at cfosterpengelly@grandriver.ca or 519-621-2763 extension 2319. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Engineering and Planning Services Attached: GRCA map of property Copy: Alex Sumner Activa Holdings Inc., owner (via email) Pierre Chauvin MHBC Planning Ltd., applicant (via email) Rachel Wolff MHBC Planning Ltd., applicant (via email) Chris Foster-Pengelly GRCA (via email) July 25, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (3) 08 URBAN, ACTIVA TRUSSLER NORTH Kitchener, SUBDIVISION ON N2G 4G7 (6) 06 HIGHLAND, 460 HIGHLAND ROAD WEST MCCRORY ASSOCIATES LIMITED (9) 04 URBAN, 1020 OTTAWA STREET NORTH OTTAWA-RIVER DEVELOPMENTS (11) VAR KIT GEN, 134 TO 152 SHANLEY STREET SHANNONDALE (16) VAR KIT, 485 HURON ROAD ACTIVA HOLDINGS INC (HURON B2 LANDS) Subject: Committee of Adjustment Meeting August 15, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 088 52 Earl Street No Concerns. 2) A 2023 - 089 204 Fifth Avenue No Concerns. 3) A 2023 - 090 2-56 Benninger Drive No Concerns. 4) A 2023 - 091 181 Weber Street East There are no Concerns for the above application to keep the existing setbacks due to the existing conditions of the building. However, the owners are advised that at the future development application stage on the subject property, a dedicated road widening of approximately 3.05m may be required to comply with the ROP Designated Road width of 26.213m, and the existing building will be encroaching within the Regional right-of-way. Under any future development application stage, an encroachment agreement may also be required to keep the existing building with the existing setbacks. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍЍЉЎЉЍ tğŭĻ Њ ƚŅ Ќ Staff strongly advise that the applicants consider doing the building addition fronting Weber Street accordingly such that the building does not encroach into future Regional right-of-way. 5) A 2023 092 68 Rushbrook Drive No Concerns. 6) A 2023 - 093 460 Highland Road West No Concerns. 7) A 2023 - 094 39 Third Avenue No Concerns. 8) A 2023 - 095 64 Garden Avenue No concerns. 9) A 2023 - 096 1020 Ottawa Street North There are no Regional concerns for this application. The staff notes that the City staff ensures this is consistent with 10) A 2023 - 097 68 Betzner Avenue North There are no requirements/concerns to this application. However, the staff note that dwellings on the subject lands may have environmental noise impacts from traffic on Weber Street East (RR #08). 11) A 2023 098 134 -152 Shanley Street No requirements/concerns for this application. The owners are advised that the proposed development (specifically higher floors) may have transportation noise impacts from the Region of Waterloo Railway Line (approximately 109m) and Weber Street West (approximately 153m). 12) A 2023 099 195 Victoria Street North There are no requirements for this application. However, the owners are advised that: a) The proposed development will have transportation noise impacts from Metrolinx/CN Railway Line (approximately 88 and the abutting Victoria Street North (RR #55), and any potential stationary noise sources in the vicinity. The owners are responsible for ensuring that the proposed development does not have any environmental noise impacts (both on-site and off-site). b) A development application, e.g. Site Plan / Consent on these lands, would require approximately 3.05m of road dedication along the frontage on Victoria Street. 13) A 2023 100 332 Prospect Avenue There are no concerns/requirements for the above application. The owners are advised that the subject property falls within the Region of Waterloo Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. For more information in this regard, please contact Jordan Vander Veen, Manager @ 519-648-2256 ext 8514 Email: jvanderveen@regionofwaterloo.ca 14) A 2023 101 471 Duke Street West No Concerns. 15) A 2023 102 485 Huron Road (Commercial) No Concerns. 2 16) A 2023 103 485 Huron Road (Residential) There are no concerns. The owners should ensure that this does not affect the recommendations of the approved noise study for this development. 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@Kitchener.ca Shilling Yip & Melissa Mohr, Region of Waterloo FYI only regarding OPA 21/02 and ZBA 21/04 for 134-152 Shanley Street. 3 July 26, 2023 Committee of Adjustment via email City of Kitchener 200 King Street West Kitchener ON, N2G 4V6 CofA@kitchener.ca Re: Minor Variance and Consent Applications A 2023-102, A 2023-103, B 2023-032 and B 2023-033 485 and 495 Huron Road, Kitchener MHBC Planning/Activa Holdings Inc. Grand River Conservation Authority (GRCA) staff have reviewed the above-noted applications for minor variances and consents in support of the construction of a residential and a commercial development. Recommendation Based on our review of the materials provided, we have no concerns with the approval of the above-noted applications. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: Letters from MHBC to Garett Stevenson, City of Kitchener related to minor variance applications for 485 and 495 Huron Road, both dated June 2, 2023 including attachments Letters from MHBC to Garett Stevenson, City of Kitchener related to consent applications for 485 and 495 Huron Road, both dated June 29, 2023 including attachments Severance sketch, prepared by MHBC, dated June 2023 GRCA Comments GRCA has reviewed the applications under the Mandatory Programs and Services Regulation (O.R. 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 our office indicates that the lands the subject lands contain/are adjacent to the Strasburg Creek Provincially Significant Wetland Complex. The subject lands also contain slope erosion hazard and floodplain of Strasburg Creek. As such, GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area on both the proposed severed and retained parcels requires the prior issuance of a permit from GRCA under Ontario Regulation 150/06. Development will not be permitted within the floodplain, slope erosion hazard, its slope setback and the wetland. The severance sketch (prepared by MHBC, dated June 2023) provided with the applications illustrates the proposed residential and commercial developments. Based on this sketch, there are suitable building envelopes available on each lot for development outside of the floodplain, slope erosion hazard and its setback (as identified through the associated site plan application) and wetland. Plearecommendation of approval for these minor variance and severance applications does not include support for the site plans as attached. We have several outstanding concerns that need to be addressed prior to our recommendation of final approval of the site plan applications and for the issuance of any GRCA permits. We trust that those concerns can be addressed through the site plan process. For municipal consideration 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. consent and minor variance applications and the applicant will be invoiced in the amount of minor fee will be charged since GRCA has invoiced the major fee for the associated site plan applications. A separate fee will be required for GRCA permits on both severed parcels. Refer to our site plan comments for permitting requirements. Should you have any questions, please contact Chris Foster-Pengelly at cfosterpengelly@grandriver.ca or 519-621-2763 extension 2319. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Engineering and Planning Services Attached: GRCA map of property Copy: Alex Sumner Activa Holdings Inc., owner (via email) Pierre Chauvin MHBC Planning Ltd., applicant (via email) Rachel Wolff MHBC Planning Ltd., applicant (via email) Chris Foster-Pengelly GRCA (via email) From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 485 Huron Road - B 2023-032 Date:Friday, July 28, 2023 11:30:34 AM Attachments:image001.png Hello, th We are in receipt of your Application for Consent, B 2023-032 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email From:ARABIA Gabriel To:Committee of Adjustment (SM) Subject:City of Kitchener - 495 Huron Road - B 2023-033 Date:Friday, July 28, 2023 11:31:44 AM Attachments:image001.png Hello, th We are in receipt of your Application for Consent, B 2023-033 dated July 20, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: HydroOne Map Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango@HydroOne.com This email and any attached files are privileged and may contain confidential information intended only for the person or persons named above. Any other distribution, reproduction, copying, disclosure, or other dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately by reply email and delete the transmission received by you. This statement applies to the initial email as well as any and all copies (replies and/or forwards) of the initial email City Planning Division Waterloo Region 150 Frederick St., Kitchener, Ontario N2G 4J3 Phone: 519-575-4400 RE: 495 Huron Road. File Number: A2023-102 & B2023-032 & A2023-103 & B2023-033 to be heard at Public Hearing Tuesday August 15, 2023, at 10:00 am. City Planners & Committee of Adjustment Members, ent of Huron South Community to express my views regarding the Minor Variances requested for 495 Huron Road, A2023-102 & B2023-032 & A2023-103 & B2023-033. I am opposed to the proposed minor variance, additionally I have attached a petition of 100 signatures that support these views. I believe the requested variance is not minor. A variance can't be considered minor when you are not modifying the current regulation but removing the regulation entirely. The variance requested opposes the general intent and purpose of the zoning by-law for the area. The proposed development is not compatible with existing houses and structures in the neighborhood. The closest 10 story apartment nd character of the current neighborhood. The variance impacts the views, spacing and openness which is a result of the mass of the building height and bulk for the proposed development. The variance requested will restrict the views of Huron Conservation. Huron Conservation is one of a few large green spaces in the area. Therefore, I believe that it deserves to be protected and maintained for the future. The subject property is located on adjacent lands to natural heritage features including significant wetlands and significant woodlands. While the property may be zoned to permit for the proposed use, the proposal should be evaluated to ensure the ecological functions are not negatively impacted in accordance with section 2.1.8 of the Provincial Policy Statement. Has the developer completed an Environmental Impact Study? My concerns are that the proposed development is located on a steep slope and could cause erosion hazard and sedimentation that could impact the nearby wetland. Additionally, the significant woodland provides habitat for wildlife. The Natural Heritage Information Centre has mapped Species at Risk within the 1 km grid and demonstrates that there are endangered woodpeckers, threatened Baldings turtles and Species of Special Concern including the eastern wood- peewee. I am also concerned about the impact on road traffic, parking, safety and building maintenance. The variance would mean that in the event of building maintenance the road and pedestrian traffic would be greatly affected due to the reduced spacing between the road and building. The reduced spacing also raises a concern about parking availability when parking is already limited in the area. The proposed variance will affect snow removal. Currently there is limited curb spacing with heavy snow falls and this will further impact curb space with heavy snowfalls. In addition, I have large safety concerns. In the event of a fire the reduced street line façade would limit the fire fighters' access and interfere severely with Huron road traffic. Thank you for considering my objections in your ruling. Bmzttb!boe!Obuibo!Wbo!Opsnbo!! Alyssa Van Norman P.S. Pease send me a copy of the decision. Please see the attached link for the petition which supports my letter. Below are the 100 Signatures supporting my objections: Alyssa Garrod Andy Martinez audrey adu-lartey Victoria Cook Natasha Cook Chantel Williams Nicole Gauvreau Stephanie Costa Erika Geoffrey Kyle Costa Swati Nanda Jennifer Purdy Brenda Rivera Avishek Chakraborty Kim Crane Paige Cardinal sarah lackie Nilesh Darji Sonia T Lesley Rioux Lauren Pacheco Rianna barker Daniele Burzese Nathan Van Norman Julia Edgar Weingart Amanda Fabb Summet Sindwani Jill Letson Lori V Crystal Van Vlymen Shontelle Van norman Mike Lanteigne Sonya Syd Bianca Olariu-Dragomir Alice Selig Asif Ali Yasmin Khimji Alin Radoni Sharon Monkhouse Jemini Patel Cindy Rene Taranjit Singh Laura Lanteigne Jeanette Lee Walter Gartshore Maria Camila Prieto Jennifer Bolduc Jass Sandhu Sue Soumpholphakdy Tony Tsilibanov Steve Wagner Joan Kemp Arwinder Jhuti Chance N Stephanie Mallory Rebecca Hempey Angel Danyluck andreanne bolduc Bobby-Jo Peebles Raymond Lam Michael Persaud Nsar Salim Haniya Saleem Brant Nanton Sydney Van Zeller Adam Goodwin Amber Goodwin Devon Yoell Maxeen Sieczkowski Lilianna Rygowska Sheree Schlote Stacey Salmon Ashley Nguyen Ryan Garnett Paula Garibaldi Jillana Brohman Kim Murphy Robyn bay Esther Okusaga Carmela McPhail Diana Ball Susana Muñoz AFROZA AKHTER Alison Brown terry goodwin Nikhil Ravi Frances Turpie Mike Narayansingh Navroop Bagha B V Harjot Bagha Tracy MCPHERSON Zuluaga Mario Toni Langdon Hyungi Yang Stephanie Attard Ashley Zuluaga Jackie McDougall Laura Vanderweide jen rightmeyer