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HomeMy WebLinkAboutCA Agenda - 2023-10-17 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment th DATE OF MEETING: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 3 rd DATE OF REPORT: October 3, 2023 REPORT NO.: DSD-2023-450 SUBJECT: Minor Variance Application A2023-116 267 Traynor Avenue RECOMMENDATION: That Minor Variance Application A2023-116 for 267 Traynor Avenue requesting relief from Section 6.1.2 a) of Zoning By-law 85-1, to permit a parking requirement of 1.38 parking spaces per dwelling unit (25 parking spaces) instead of the minimum required 1.75 parking spaces per dwelling unit (32 parking spaces) to facilitate an additional dwelling unit within an existing 17-unit multiple dwelling for a total of 18 dwelling units, in accordance with Site Plan Application SP23/031/T/TZ, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and provide a recommendation for the requested minor variance application for 267 Traynor Avenue. 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 in the Vanier neighbourhood, North of the ION line and the closest intersection at Traynor Avenue and Wilson Ave. The subject property is identified Major Transit Station Area Medium Rise Residential The property is Residential Seven Zone (R-7-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. Staff can confirm that there is a shared agreement of the driveway access between 277 and 267 Traynor Avenue. th City staff has conducted a site visit on September 29, 2023. Figure 1: Aerial view of the subject property Figure 2: Front view of the subject property Figure 3: Site plan for conditional approval 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 Plan. n-minute walking radius centered around the location of Rapid Transit Station Stops. They are planned to support transit and rapid transit infrastructure by: accommodating growth through development, providing connectivity of various modes of transportation to the transit system, achieving a mix of residential, office, institutional and commercial development, and having pedestrian-friendly and transit-oriented built form. accommodate a range of medium density housing types including multiple dwellings. The proposed variance confirms to the designation, and staff is of the opinion that the requested parking reduction variance meets the general intent of the Official Plan. General Intent of the Zoning By-law -7) in Zoning By-law 85-1. This zone permits various residential uses such as Multiple Dwelling, Residential Care Facility, Semi- Detached Duplex Dwelling. The intent of the parking regulation is to ensure that the residents on site have sufficient parking spaces for travelling. Since the property is located within a Major Transit Station Area (MTSA), residents of 267 Traynor Avenue will have various options for modes of transportation locally and the reduction of parking spaces will still allow minimum 1 parking space per unit. Transportation staff has confirmed that the reduction of parking spaces also meets the intention of the future implementation of Zoning By-law 2019-051. Staff is of the opinion that the reduced parking 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 in nature and will not create unacceptably adverse impacts on the subject property itself or on adjacent lands. The variance will create a new unit in the existing building without exterior changes. 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 appropriate for the use of the building. The current building is existing and will provide an additional dwelling unit within an MTSA and near an ION station stop. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the additional dwelling unit is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: Parks and Cemeteries requirements will be addressed through SP23/031/T/TZ Transportation Planning Comments: Transportation Services have no concerns with this application, as the 25 parking spaces being provided meets the intent of Zoning By-law 2019-051which will be applied in the future. 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 85-1 September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: September 28, 2023 REPORT NO.: DSD-2023-439 SUBJECT: Minor Variance Application A2023-117 72 Underhill Crescent RECOMMENDATION: That Minor Variance Application A2023-117 for 72 Underhill Crescent requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit a required parking space to be located 2.4 metres from the street (property) line instead of the minimum required 6.0 metres to facilitate an Additional Dwelling Unit (ADU) (Attached) within the existing detached dwelling, generally in accordance with drawings submitted with Minor Variance Application A2023-117, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variance to permit one of the required parking spaces to be located within the existing driveway, to facilitate a duplex use of the existing single detached dwelling. The key finding of this report is that the requested minor variance meets the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report 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 Underhill Crescent near its easterly intersection with Grand River Boulevard and is bordered by Chicopee Park to the north. 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 Photo of Subject Property Community AreasMap 2 Urban Structure and is Low Rise Residential Low-Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to facilitate the conversion of the attached garage into living space for an Additional Dwelling Unit (ADU) (Attached). The required parking space for the ADU (Attached) will be located within the existing driveway in the front yard of the subject property3. The existing driveway is not long enough for one (1) of the required parking spaces to be located a minimum of 6.0 metres from the street line. As the Zoning By-law only allows one (1) of the two (2) required parking spaces to be located within 6 metres of the street (property) line, requested relief from the Zoning By- law is necessary to facilitate a duplex use of the property. Figure 3 Drawing of Subject Site REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan - This designation permits a full range of low density housing types including duplexes, additional dwelling units, and other forms of low-rise housing. The intent of this designation is to ensure compatibility of building form, with respect to massing, scale and design in order to support the successful integration of a range of building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. As the proposed duplex use is permitted within the land use designation and the built form is not changing, Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Section 5.3.3 a) i) of Zoning By-law 2019-051 which does not permit parking spaces within 6.0 metres of a street line is to ensure that the front or exterior side yards of lots do not primarily function as parking areas. The existing driveway is wide enough to accommodate both required parking spaces. The primary use of the front yard is the s 2 and 3. 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 requested variance to permit a required parking space for an ADU (Attached) 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 that the variance is desirable and appropriate for the use of the land as it will facilitate the conversion of the building on the subject property into a duplex, supporting a gentle intensification of the property, will make use of existing infrastructure, Environmental Planning Comments: No natural heritage concerns or tree management concerns on the subject property. I can advise that the owners are encroaching substantially at the rear into the adjacent woodland and wetland of the property owned by the Grand River Conservation Authority. The GRCA has been notified. Grand River Conservation Authority Comments: The GRCA has no objection to the approval of this application. The subject property does 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. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application has been made for the attached additional dwelling unit. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services supports a 2.4 metre parking setback instead of 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 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 Official Plan (2014) Zoning By-law 2019-051 September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741- 2200 ext. 7844. WARD(S) INVOLVED: 3 DATE OF REPORT: October 10, 2023 REPORT NO.: DSD-2023-442 SUBJECT: Minor Variance Application A2023-118 35 Fifth Avenue RECOMMENDATION: That Minor Variance Application A2023-118 requesting relief from Section 4.12.2 e) of Zoning By-law 2019-051 to permit a lot width of 12.2 metres instead of the minimum required 13.1 metres to facilitate the demolition of an existing single detached dwelling and the construction of a new single detached dwelling with two (2) Attached Additional Dwelling units (ADUs) (Attached), for a total of three dwelling units, generally in accordance with the drawings prepared by AH+ Architects, dated Septemn23/09/13, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to construct a new building containing three dwelling units on a lot with a width of 12.2 metres. The key finding of this report is that the requested minor variance does 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of Fifth Avenue, south of Kingsway Drive. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Urban Structure and is The Rise Residential Four Zone (RES--law 2019- 051. Staff revisited the site on September 30, 2023. The purpose of this new application is to permit the construction of a new single detached dwelling with two attached additional dwelling units (for a total of 3 units). The agent had previously applied in July 2023 (A2023-078) for the same use with a different built form design that required two minor variances: reduced lot width and an increased garage width. The Committee of Adjustment refused the Minor Variance Application. The Applicant has reapplied and has updated the design as noted in the site plan drawing and elevations that follow. Figure 3: Proposed plan 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 the Low-Rise Residential designation is to accommodate a full range of low- density housing types which may include single detached dwellings with additional dwelling units. The mixing and integrating of innovative and different forms of housing to achieve and maintain a low-rise built form is supported. The minor variance meets the intent of the Official Plan. General Intent of the Zoning By-law The intent of the lot width regulation is to ensure that buildings with three dwelling units have sufficient lot width for the setbacks for the structure, for parking and for the amenity area. The lot width variance reduction of 0.9 metres for the modified design for three dwelling units, as submitted with the application, meets the intent of the Zoning By-law. Figures 4 & 5: Proposed elevation drawings Is/Are the Effects of the Variance(s) Minor? After the July 2023 minor variance application (A2023-078), the applicant has since redesigned the building to be more appropriate in its built form for a 3-unit multiple dwelling. In doing so, they have reduced the variances from two to one by eliminating the garage width variance. The reduced lot width does not impact providing sufficient setbacks or amenity area. Staff are of the opinion that the effect of the lot width variance is minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? As noted above, the lot width variance meets the intent of the Official Plan and Zoning By- law, as well as being minor. By reducing the variance to one regulation, and modifying the design, the development, staff are of the opinion that the development is appropriate for the property and surrounding neighbourhood. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: No comments. Engineering Division Comments: No comments. Parks/Operations Division Comments: There is an existing City-owned street tree that will be impacted by the associated demolition and construction and this tree should be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By-law. Suitable arrangements including the submission and approval of a Tree Protection and Enhancement Plan showing full protection for the existing tree or appropriate compensation will be required through the Building Permit. Please see Urban Design Manual Part C, Section 13 and www.kitchener.ca/treemanagement. Transportation Planning Comments: No comments. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 DSD-2023-313 (A2023-078) September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: September 28, 2023 REPORT NO.: DSD-2023-440 SUBJECT: Minor Variance Application A2023-119 196 Forest Hill Drive RECOMMENDATION: That Minor Variance Application A2023-119 for 196 Forest Hill Drive requesting relief from Section 5.3.3 a) i) of Zoning By-law 2019-051, to permit one (1) required parking space to be located 3.5 metres from the street (property) line instead of the minimum required 6.0 metres to facilitate an Additional Dwelling Unit (ADU) (Attached) within the existing single detached dwelling generally in accordance with drawings prepared by Country Lane Builders, dated September 6, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variance to permit one of the required parking spaces to be located within the existing driveway to facilitate a duplex use of the existing single detached dwelling. The key finding of this report is that the requested 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 Forest Hill Drive in between Westmount Road East and Barberry Place. 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 Photo of Subject Property Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to facilitate the conversion of the attached garage into living space for an Additional Dwelling Unit (ADU) (Attached). The required parking space for the ADU (Attached) will be located within the existing driveway in the front yard of the subject property2. The existing driveway is not long enough for one (1) of the required parking spaces to be located a minimum of 6.0 metres from the street line. As the Zoning By-law only allows one (1) of the two (2) required parking spaces to be located within 6 metres of the street (property) line, requested relief from the Zoning By- law is necessary to facilitate a duplex use of the 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 -Rise Residential This designation permits a full range of low density housing types including duplexes, additional dwelling units, and other forms of low-rise housing. The intent of this designation is to ensure compatibility of building form, with respect to massing, scale and design in order to support the successful integration of a range of building types. It also places emphasis on the relationship of buildings to adjacent properties, streets, and exterior areas. As the proposed duplex use is permitted within the land use designation and the built form is not changing, Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of Section 5.3.3 a) i) of Zoning By-law 2019-051 which does not permit parking spaces within 6.0 metres of a street line is to ensure that the front or exterior side yards of lots do not primarily function as parking areas. The existing driveway is wide enough to accommodate both required parking spaces and meet zoning requirements. 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 requested variance to permit a required parking space for an ADU (Attached) 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 that the variance is desirable and appropriate for the use of the land as it will facilitate the conversion of the building on the subject property into a duplex, supporting a gentle intensification of the property, will make use of existing infrastructure, Environmental Planning Comments: No comments. Grand River Conservation Authority Comments: The GRCA has no objection to the approval of this application. The subject property does 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. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit to convert the garage into living space is obtained prior to construction. Please contact the Building Division building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services supports a 3.5 metre parking setback instead of 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 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 A Site Plan September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: October 4, 2023 REPORT NO.: DSD-2023-451 SUBJECT: Minor Variance Application A2023-121 15 Cedar Street North RECOMMENDATION: That Minor Variance Application A2023-121 for 15 Cedar Street North requesting relief from the following sections of Zoning By-law 85-1: 1. Section 54.2.1 to permit a minimum lot width of 12.4 metres instead of the minimum required 15 metres, to permit a front yard setback of 1.1 metres instead of the minimum required 1.5 metres, and an interior side yard setback abutting a residentially zoned property of 1.5 metres instead of the minimum required 7.5 metres; and 2. Section 6.1.2 a) to permit 0 parking spaces instead of the minimum required 10 parking spaces at a rate of 1.0 parking space per dwelling unit; generally in accordance with drawings prepared by Chris Fernandes Design Corp., dated April 28, 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variances to facilitate the construction of a multiple dwelling containing 10 residential units. 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. *** 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 located on the south side of Cedar Street North, between King Street East and Duke Street East. The subject property is surrounded by the Commercial uses to the north and west, and residential uses to the east and south. Figure 1: Subject property 15 Cedar Street North The subject property is identified as on Map 2 Urban Structure and Secondary Plan. Medium Intensity Mixed Use Corridor Zone (MU-2- law 85-1. A holding provision 15H was on the subject property however the holding provision was lifted by Kitchener City Council on August 14, 2023. The purpose of the application is to review an application for minor variances to permit the construction of a multiple dwelling containing 10 residential units with 0 parking. The applicant is requesting variances for lot width, front yard setback and setback from an adjacent residential zone, along with the request for 0 parking spaces provided on site. Figure 2: 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 Neighbourhood Secondary Plan. Section 13.2.2.7 states that the Mixed Use Corridors are primarily intended to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development, and provide residential redevelopment opportunities. Over time it is intended that Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. New development shall be compatible with surrounding residential neighbourhoods and will be of an appropriate height and density in relation to adjacent low rise residential developments. Section 13.C.8.3 states that the City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management measures or where sufficient transit exists or is to be provided. Planning staff notes that the subject site is approximately 150 meters from an ION station stop located on Charles Street that provides connections to the broader Waterloo Region transit system. The proposal also includes both Class A and Class B bicycle parking spaces and is directly adjacent to a recently installed bike lane. Transportation Services has also reviewed the application and supports the parking reduction. Accordingly, Planning staff is of the opinion that the requested variances that will facilitate a development that meets the general intent of the Official Plan. General Intent of the Zoning By-law Lot Width The intent of the lot width requirement is to ensure the lot is an adequate size to accommodate a multiple residential building, while maintaining appropriate setbacks, amenity area, and parking space. The property is proposing an adequate amenity area and building setbacks, and is also further requesting 0 parking on site, therefore there is no extra lot width space required for a driveway or drive aisle on the property. The proposal for a 12.4 meter lot width is a minor reduction to what is permitted and will have little impact on the overall neighbourhood or property. Front Yard Setback The intent of the front yard setback requirement is to ensure there is adequate separation from the streetscape. The majority of the building is meeting the required 1.5 metre front yard setback, however due to the shape of the property at the corner closest to King Street the building will be setback at 1.1 meters. Staff are satisfied that there will be no negative impacts as a result of the reduced front yard setback and the intent of the Zoning by-law will be maintained. Side Yard Setback Abutting a Residential Zone The intent of the 7.5 meter side yard abutting a residential zone setback is to ensure there is adequate separation from existing residential properties. The intent of the MU-2 zone along with the recently removed 15H holding provision was for the lands to be consolidated with lands that were adjacent to King St. Had a larger development been proposed within the consolidated lands, and appropriate setback of 7.5 metres would have been required to maintain separation to the residential properties along Cedar Street. Staff were supportive of removing the 15H holding provision in lieu of the development providing addition residential units within the neighbourhood. The use is now intended to be an infill development with 10 residential units and had the property been zoned residential like the adjacent residential property, the required setback would be 1.5 metres. Staff are satisfied that the proposed 1.5 meter setback to the adjacent residential zone meets the intent of the Zoning By-law. Parking Reduction The intent of the 10 parking spaces, 1 per unit parking requirement is to ensure that there is adequate parking spaces available for the residents and for visitors to the property. The reduction to 0 parking spaces per unit is permitted with an MTSA area as it is the future direction for lands within the MTSA areas to require minimal to no parking spaces. Furthermore, alternative transportation options are provided on site, as the property is located approximately 150 meters to an existing ION transit stop. Adequate bicycle parking (both Class A and B spaces) will also be provided in the new development. 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? Staff is of the opinion that the requested variances are minor as the reduced lot width, front yard setback, setback from a residential zone and reduced parking will not present 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? The proposed variance is desirable and appropriate for the development and use of the land as its approval will facilitate the construction of a new multiple dwelling with 10 dwelling units, which is permitted in Zoning By-law 85-1 and will contribute to the neighbourhood to make a complete community . Environmental Planning Comments: No comments. 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 15 Cedar St. N. is located within the Central Frederick Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Central Frederick Neighbourhood area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Central Frederick Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the new 10-unit multiple dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Applicant to provide a minimum 0.5 metre setback from property line to ensure an unobstructed shared property line swale is maintained. Parks/Operations Division Comments: As Site Plan approval will no longer be required for residential development proposing 10 units or less, Parkland Dedication will be required for the proposed ten residential units prior to the issuance of the Building Permit. 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 85-1 DSD-2023-326 ATTACHMENTS: Attachment A Proposed Site Plan and Elevation September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: October 3, 2023 REPORT NO.: DSD-2023-441 SUBJECT: Minor Variance Application A2023-122 186 Lyndhurst Drive RECOMMENDATION: That Minor Variance Application A2023-122 for 186 Lyndhurst Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 n) to allow an unobstructed walkway that is 1.06 metres in width instead of the minimum required of 1.1 metres; ii) Section 4.12.3.1 a) to permit the principal dwelling to have a minimum side yard setback of 1.06 metres, instead of the minimum required 1.2 metres; and iii) Section 5.4, Table 5-2, to permit a driveway that is 1.06 metres from the side yard, whereas the Zoning By-law requires that the driveway shall be located no closer than the required side yard setback of the dwelling where there is an attached garage, which is 1.2 metres; to facilitate the creation of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing Detached Dwelling, generally in accordance with drawings prepared by Paul Burns, dated September 2023, BE APPROVED subject to the following condition: 1. That the property owner shall modify the existing driveway to provide a driveway and a distinguishable unobstructed walkway to the proposed Additional Dwelling Unit (ADU) (Detached) in accordance with the Regulations of Zoning By-law 2019-051 by September 30, 2024. Any request for a time extension must be approved in writing by the Manager of Development Review prior to completion date set out in this decision. Failure to complete the condition 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 facilitate the creation of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of an existing Single Detached Dwelling. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is a rectangular lot located on Lyndhurst Drive, which contains a one- storey Single Detached Dwelling. Figure 1 Ariel Photo of the Subject Property on Map 2 Urban Structure and is Low on Map 3 --law 2019- 051. The purpose of the application is to review minor variances to facilitate the creation of an ADU (Detached) in the rear yard of a Single Detached Dwelling. The proposed ADU (Detached) is 6.4 metres in length and 9.1 metres in width, and the distance between the proposed ADU (Detached) and the existing Single Detached Dwelling is 11.2 metres. The proposed ADU (Detached) is 1.2 metres from the rear lot line and interior side lot line, which is greater than the minimum requirement of 0.6 metres outlined in Zoning By-law 2019-051. However, the right side yard setback of the principal dwelling is 1.06 metres, which is 0.04 metres shorter than the minimum side yard setback requirement of 1.2 metres. Further, Zoning By-law 2019-051 requires that a driveway shall be located no closer than the required side yard setback of the dwelling, where there is an attached garage (which is 1.2 metres), whereas the existing driveway on the subject property is located 0 metres from the side lot line. The walkway is proposed to be beside the driveway and have a width of 1.06 metres, and as such, the driveway would then be located 1.06 metres from the side lot line, which is deficient from the By-law requirement of 1.2 metres. Lastly, the By-law requires that on a lot containing an ADU (Detached), there is an unobstructed walkway of 1.1 metres. Accordingly, minor variances are requested to permit an unobstructed walkway of 1.06 metres in width instead of 1.1 metres, and a right side yard setback of 1.06 metres. The left side of the driveway is also proposed to be widened, which would make the total width of the driveway 6.09 metres. The lot width is approximately 16.7 metres according to City mapping which would permit a maximum driveway width of 50% (8.3 metres) or a maximum of 8 metres whichever is the lesser. Figure 1 Proposed Site Plan Figure 2 Front Elevation of Proposed ADU (Detached) Figure 3 Left Side Elevation of Proposed ADU (Detached) Staff visited the subject property on September 28, 2023. Figure 4 Photo 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 Land Use. This designation permits 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 existing use and proposed ADU (Detached) conforms to the land use designation. Accordingly, the variances to facilitate the ADU (Detached) will meet the general intent of the Official Plan. General Intent of the Zoning By-law Unobstructed Walkway of 1.1 metres The intent of the unobstructed walkway requirementis to ensure that there is a clear pathway of entry for tenants of the unit, as well as emergency services. Staff is of the opinion that the proposed walkway of 1.06 metres will still provide an adequate access for residents, and staff from the Fire Division have confirmed that the variance of 0.04 metres will have negligible impact on emergency access. Side Yard Setback of the Principal Dwelling The intent of the side yard setback requirement is to ensure that there is emergency access to the rear yard, as well as access throughout the property. The proposed site plan demonstrates that the 1.06 metre walkway located on the right side of the property will provide unobstructed access to the rear yard, and as such, staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Driveway Located No Closer than Side Yard Setback (Where there is an Attached Garage) The intent of the driveway located no closer than the side yard setback requirement of the principal dwelling is to limit the width of the driveway to that of the attached garage. Currently, the existing driveway extends beyond the attached garage. Although the applicant intends to modify this portion of the driveway to be a distinguishable walkway, the new location of the driveway will still only be setback 1.06 metres, the same as the setback of principal dwelling. The proposed variance would facilitate the driveway being in line with the side yard setback of the principal dwelling. As such, staff are of the opinion that the minor variance meets the intent of the By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the principal dwelling and driveway is adequately setback from the interior lot line and sufficient access for residents and emergency services will still be provided. Further, the proposed ADU (Detached) complies with zoning regulations and exceeds the minimum setback requirements. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is appropriate for the development and use of the land. The requested variances will support a gentle intensification of housing Pledge by facilitating the construction of a ADU (Detached) on the subject property. 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 provided building permit for the rear yard ADU is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Applicant to provide a minimum 0.5 metre setback from property line to ensure an unobstructed shared property line swale is maintained. Parks/Operations Division Comments: Parks/Operations Division has no concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: Grand River Conservation Authority have no concerns. Region of Waterloo Comments: The Region of Waterloo has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM This 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 September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward10 DATE OF REPORT: October 3, 2023 REPORT NO.: DSD-2023-448 SUBJECT: Minor Variance Application A2023-123 230 Frederick Street RECOMMENDATION: That Minor Variance Application A2023-123 for 230 Frederick Street requesting relief from the following sections of Zoning By-law 85-1: 1. Section 44.3.6 to permit a front yard setback of 1.9 metres instead of the minimum required 3 metres, to permit an interior side yard setback, for a building greater than 10.5 metres, of 1.2 metres instead of the minimum required 3 metres, to permit a minimum landscaped area of 9.5% instead of the minimum required 10%; and 2. Section 6.1.1.2 h) i) to permit a parking lot to be located 0 metres from a side or rear lot line instead of the minimum required 1.5 metres; to facilitate the construction of an addition to permit the conversion of a single detached dwelling to a multiple dwelling having 4 dwelling units, generally in accordance with drawings prepared by John MacDonald Architect, submitted with Minor Variance Application A2023-123, BE APPROVED. REPORT HIGHLIGHTS: The applicant is seeking variances to facilitate the addition to the rear and internal renovations to convert the existing single detached dwelling into a multiple dwelling (4 dwelling units). 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. was mailed to all property owners within 30 metres of the subject property and this Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is identified as a Major Transit Station Area on Map 2 Urban Structure - Central Frederick 1994 Official Plan. The property is zoned Commercial Residential One Zone (CR-1) with Special Regulation Provision 114R and Special Use Provision 148U in Zoning By-law 85-1. The purpose of the application is to consider variances to permit a reduced front yard setback of 1.9 metres, to permit a reduced interior side yard setback of 1.2 metres, to permit a minimum landscaped area of 9.5% instead of the minimum required 10% and to permit a parking lot to be located 0 metres from a side or rear lot line, to facilitate the construction of an addition to permit the conversion of a single detached dwelling to a multiple dwelling having 4 dwelling units. Figure 1: Location Map- 230 Frederick Street Figure 2: View of the Subject Site from Frederick Street (September 28, 2023) Figure 3: Proposed Site Plan 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 the Low Density Commercial-Residential designation within the Central Frederick Secondary Plan is to provide for a range of residential and office uses which respects the role of the Downtown as the commercial centre of Kitchener; the traffic operational constraints of Frederick Street; and the scale, and use of the adjacent low rise, low density residential area. The site also functions appropriately, the addition is at the rear of the existing dwelling and there is appropriate separation provided to minimize impacts. Policy 4.C.1.8 states that were minor variances are requested, any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form, the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties and the variances will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design. The proposed development concept proposes to provide additional residential dwelling units on site. The building orientation, scale and existing parking area are designed to respect the surrounding properties and neighbourhood. Therefore, the proposed variances meet the general intent of the Central Frederick Secondary Plan and Policy 4.C.1.8 of the 2104 Official Plan. General Intent of the Zoning By-law Front Yard Setback The intent of the regulation is to ensure buildings have a consistent setback to the property line to maintain a coherent streetscape. In this instance, steps leading up to the porch are greater than 0.6 metres in height and therefore the primary building setback applies. Due to a previous road widening dedication the property line is further back than surrounding properties thereby reducing the actual front yard setback from the building to the property line. Staff is of the opinion that the proposed setback is keeping within the general scale of the surrounding neighbourhood, and therefore meets the general intent of the Zoning By-law. Side Yard Setback The applicant is proposing a 3-storey addition at the back half of the easterly side yard projecting to within 1.5 metres of the side yard whereas 3.0 metres is required. The intent of the regulation to ensure adequate separation between buildings is provided. Firstly, because the addition is proposed along the rear half of the existing building, visual impact along the streetscape is reduced thereby keeping with the intent of Policy 4.C.1.8. Secondly, it is important to note that 234-240 Frederick Street is being re-developed with a 35-unit residential development proposal. As such, the impact of a 1.5 metre side yard setback for a 3-storey addition would be minimal. Landscape Area Zoning requires a minimum 10% landscaped area whereas 9.5% is being requested. This is reflective of the fact the site is mostly hardscaped within an urban context and therefore, staff has no concerns. Parking Lot Rear Yard Setback Reduction The intent of the regulation is to ensure a buffer is provided for both separation and landscaping. In this situation, the parking area already exists and has a 0 metre setback. Are the Effects of the Variances Minor? The requested reductions for front are small deviations that can maintain the intent of the By- law, while increasing the use and function on the current site. Staff do not anticipate any adverse impacts from the requested variances and expect any effects to be 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 proposed scale, design, and use are complementary to the existing site and surrounding neighbourhood and can therefore be considered desirable for the use of the land. The proposed development provides a gentle intensification of the Environmental Planning Comments: No comments. 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 230 Frederick St. is located within the Central Frederick Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Central Frederick Neighbourhood area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Central Frederick Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition and change of use to the existing residential building is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Comments: Applicant to provide a minimum 0.5 metre setback from property line to ensure an unobstructed shared property line swale is maintained. Transportation Planning Comments: Transportation Services have no concerns with this application as the vehicle parking is an existing condition and parking layout is being maintained. Parks/Operations Division Comments: As Site Plan approval will no longer be required for residential development proposing 10 units or less, Parkland Dedication will be required for the proposed new residential units prior to the issuance of the Building Permit. GRCA No concerns. Region of Waterloo No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 2014) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan & ROPA 6 Official Plan (2014) Central Frederick Secondary Plan (1994) Zoning By-law 85-1 September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Raida Chowdhury, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: September 27, 2023 REPORT NO.: DSD-2023-438 SUBJECT: Consent Application B2023-036 45 Duke Street West RECOMMENDATION: That Consent Application B2023-036 requesting consent to create an easement for maintenance over Part 1 on Reference Plan 58R-21469, 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 property owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the sa 3. That the property owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .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 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. 5. Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 6. That, prior to final approval, the property owner shall make financial arrangements for the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to create an easement to facilitate the maintenance of lands municipally known as 48 Ontario North, which is a Part IV designated heritage property owned by 48 Ontario Kitchener Incorporated. The key finding of this report is that the request for consent to create an easement meets the criteria for the subdivision of land listed in the Planning Act and aligns with 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 Duke Street West between Young Street and Ontario Street North. It is currently occupied by a retail establishment. In December 2019, the subject property received Approval in Principle for a 23-storey multiple dwelling containing 139 residential units (Site Application SP19/051/D/JVW). Further, a Minor Variance Application (A2021-003) to facilitate a reduction in parking spaces, reduction in ground floor façade openings, and an increase in Floor Space Ratio for the proposed development was approved in 2021. Figure 1 Ariel Photo of the Subject Property The purpose of this easement is to facilitate access for the maintenance of the lands municipally known as 48 Ontario Street North, a heritage property designated under Part IV of the Ontario Heritage Act. The easement is proposed to have a width of 1 metre and a depth of 15 metres, totaling 15 square meters over Part 1 on Reference Plan 58R-21469, as shown by Figure 2. Urban Urban Growth Centre --law 85-1. Figure 2 Reference Plan 58R-21469 Staff conducted a site visit to the subject property on September 28, 2023. Figure 3 Photo of Subject Property Figure 4 Photo of Subject Property Figure 5 Photo of 48 Ontario Street North REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Maintenance objectives, with specific regard to heritage properties, outlined in t Official Plan are as follows: 12.C.1.19. In addition to listing and designating properties under the Ontario Heritage Act, the City may use and adopt further measures to encourage the protection, built heritage and significant cultural heritage landscapes and implement Cultural Heritage Resource Conservation Measures Policies in this Plan. These may include but are not limited to covenants and easements pursuant to the Ontario Heritage Act; by-laws and agreements pursuant to the Planning Act (Zoning By-law, demolition control, site plan control, community improvement provisions, provisions in a subdivision agreement); and by-laws and agreements pursuant to the Municipal Act (Property Standards Bylaw, tree by- law, sign by-law). The creation of the easement will assist in the maintenance of the heritage property. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easement is desirable and appropriate. In addition, the requested easement allows for the maintenance of a designated heritage protecting cultural heritage resources. Environmental Planning Comments: No comments. Heritage Planning Comments: 45 Duke Street West is adjacent to a property municipally addressed as 48 Ontario Street North, which is designated under Part IV of the Ontario Heritage Act. A legal access easement was to be obtained over the subject land per the conditions of approval for a site plan submitted in 2019 (SP19/051/D/JVW). The intent of this easement is to provide access for maintenance of the adjacent heritage resource. Confirmation was obtained from a qualified mason in an Appendix to a Cultural Heritage Protection Plan, dated April 18, 2022, that the space provided would be sufficient for maintenance. The owners of the adjacent property further confirmed that the proposed easement is sufficient to meet this intent. There are no further heritage concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks/Operations Division has no concerns. Transportation Planning Comments: Transportation Services has no concerns. Region of Waterloo Comments: The applicant is proposing to create an easement on 45 Duke Street West to allow access to the adjacent property at 48 Ontario Street North. The proposed easement is 1 metre wide by15 metres deep at the rear of 45 Duke Street West to allow for access to the façade of 48 Ontario Street North for maintenance and repairs. The subject property is located within the Built Up Area as designated in the Regional Official Plan. The subject property is located within the Kitchener City Hall Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaeological Assessment (advisory comments): An archaeological assessment is not required. However, the applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Hydro One: Hydro One has no concerns. Our preliminary review considers issues affecting Hydro For proposals affecting 'Low Voltage Distribution Supplier. Grand River Conservation Authority: The Grand River Conservation Authority has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM 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 (ROP) Official Plan (2014) Zoning By-law 85-1 DSD-21-013 ATTACHMENTS: Attachment A Reference Plan 58R-21469 Janine Fletcher 519-504-3573 D20-20/23 KIT October 2, 2023 Marilyn Mills Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-036 to B2023-040 Committee of Adjustment Hearing October 17, 2023 CITY OF KITCHENER B2023-036 45 Duke St W 536357 Ontario Ltd. (owner) / David Aston (MHBC Applicant) The applicant is proposing to create an easement on 45 Duke St W to allow access to the adjacent property at 48 Ontario St N. The proposed easement is 1m wide by 15m deep at the rear of 45 Duke St W to allow for access to the façade of 48 Ontario St N for maintenance and repairs. The subject property is located within the Built Up Area as designated in the Regional Official Plan. The subject property is located within the Kitchener City Hall Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaelogical Assesment (advisory comments): An archaeological assessment is not required. However, the applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources Document Number: 4489825 is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 _____________________ B2023-037 38 Braun St Burim Islami (owners) / Boban Jokanovic (Bobicon Ltd. Applicant) The applicant is proposing to sever the existing lot into two lots to facilitate the construction of a new detached duplex dwelling on the severed lot. The subject property is located within the Built Up Area as designated in the Regional Official Plan (ROP). The subject lands are located within the Grand River Hospital Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaeological Assessment: Regional Staff note the subject property possesses the potential for the recovery of archaeological resources due to the proximity to a cemetery (within 50m buffer), property location, age of the existing dwelling, proximity to other mapped historic buildings and a known historic landform. Regional staff note that a new dwelling is already under construction on the retained lands and the lands have been disturbed through demolition. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. As per Regional Official Plan policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the severed lands. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a Services Department. The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be required prior to final approval. Document Number: 4489825 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the severed lands and and Legislative Services Department. Document Number: 4489825 ___________________ B2023-038 265 Cotton Grass St Schlegel Urban Developments Corp (Owners) The applicant is proposing to sever an existing lot into two lots with the retained parcel (frontage on Max Becker Dr.) containing an existing commercial building and a proposed new commercial building, and the severed parcel is intended for future development of a residential building. The subject lands are located within the Designated Greenfield Area as per Map 3a of the Regional Official Plan and are located within Wellhead Protection Sensitivity Area 8 as per Map 6a of the Regional Official Plan. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (HGC, May 1, 2023), and Addendum (HGC, August 1, 2023) has been previously reviewed and accepted by the Region through a letter dated August 14, 2023. The owner must enter into a registered agreement with the City of Kitchener for the severed parcel to implement the noise study recommendations as follows: 1) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation 2) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: a. traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Document Number: 4489825 b. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, c. development to nearby commercial/retail facilities, sound levels from the The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant submits a valid section 59 notice. 3) That prior to final approval, the owner enters into a registered agreement with the City of Kitchener for the severed parcel to implement the recommendations of the accepted noise study, Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (Prepared by HGC, May 1, 2023), and Addendum (Prepared by HGC, May 1, 2023), specifically that: a) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation of a central air conditioning s b) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: i. increasing road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the ii. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the iii. development to nearby commercial/retail facilities, sound levels Document Number: 4489825 __________________ B2023-039 and 040 75 Otterbein Rd Kold Creek Land Corp. (Owner) / Luisa Vacondio (MHBC Planning Applicant) The applicant is proposing a severance of the existing parcel into two separate parcels. The proposal is for two, six-storey apartment buildings on the retained parcel with 48 units each for a total of 96 units and 3 blocks of stacked townhouses on the severed parcel with a total of 57 residential units. The subject lands are located within the Designated Greenfield Area as identified in the Regional Official Plan (ROP). Regional Fee (Advisory Comments): The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Salt Management Plan: A Salt Management Plan (SMP) will be required for review and approval by the Region, prior to final approval of the consent. As part of the plan, Regional staff would encourage the proponent to incorporate design considerations with respect to salt management, including: Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways Locating snow storage areas on impervious (i.e. paved) surfaces in close proximity to catch basins. TM Using winter maintenance contractors that are Smart About Salt certified. Using alternative de-icers (e.g. pickled sand) in favour of road salt. Document Number: 4489825 TM The proponent is eligible for certification under the Smart About Salt program for this property. Completion of the Salt Management Plan is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Environmental Noise: The subject lands are located adjacent to Lackner Blvd, a Regional Road, it is anticipated that the proposed dwellings, may require special building components (special walls, windows etc.) and the installation of air-conditioning to attenuate noise impacts. Staff also note that there may be potential stationary noise sources in the vicinity. As a condition of the consent, the owner shall complete a road traffic and stationary noise study for the severed and retained lands, and enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Airport Zoning (Advisory comments): Please be advised that the proposed low rise buildings falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically the Outer Surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. The building and subsequent cranes will need to be assessed by Nav Canada through their Land Use office and may be further subject to review by Transport Canada for obstacle assessment. At the appropriate time, prior to Building permit issuance, Airport staff would request more detail plans on the construction building including crane information to ensure no impacts to Airport Operations. The applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, a Salt Management Plan is submitted to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a road traffic and stationary noise study for the severed and retained lands, and enter into a registered development agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. _______________ General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to attend the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Janine Fletcher, BES. Senior Planner Region of Waterloo Document Number: 4489825 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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 From:Tina Malone-Wright To:Committee of Adjustment (SM) Subject:FW: City of Kitchener - 45 Duke Street West - B-2023-036 Date:Tuesday, October 3, 2023 3:50:18 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png image010.png From: Planning (SM) <planning@kitchener.ca> Sent: Tuesday, October 3, 2023 2:47 PM To: Tina Malone-Wright <Tina.MaloneWright@kitchener.ca> Subject: FW: City of Kitchener - 45 Duke Street West - B-2023-036 FYI Regards, Arwa Alzoor Planning Technician / Site Development| Planning Division | City of Kitchener 519-741-2200 ext. 7847 | arwa.alzoor@kitchener.ca | From: ARABIA Gabriel <Gabriel.Arabia@hydroone.com> Sent: Tuesday, October 3, 2023 2:42 PM To: Planning (SM) <planning@kitchener.ca> Subject: City of Kitchener - 45 Duke Street West - B-2023-036 You don't often get email from gabriel.arabia@hydroone.com.Learn why this is important Hello, nd We are in receipt of your Application for Consent, B-2023-036 dated September 22, 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Adam Zufferli, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: September 28, 2023 REPORT NO.: DSD-2023-436 SUBJECT: Consent Application B2023-037 38 Braun Street RECOMMENDATION: That Consent Application B2023-037 requesting consent to sever a parcel of land having a lot width of 10 metres, a lot depth of 40 metres and a lot area of 402.6 square metres, 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 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the endorsement. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. 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'sDirector of Engineering Services. 7. That any new driveways are to be built to City of Kitchener standards at the 8. That the Owner provides confirmation that the basement elevation can be drained Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer Engineering Services. 9. That the Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. 10. into an agreement with the City of Kitchener, to be prepared by the City r of Planning, which shall include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to Supervisor, Site Plans showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv) the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include required mitigation and or compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require the approval of the CiSupervisor, Site Plans. 11. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $4,727.00. 12. That prior to final approval, the Owner/Applicant is required to have a licensed Archaeologist complete an Archaeological Assessment of the severed lands and report(s) to the sat and Legislative Services Department. 13. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to sever a residential lot containing an under-construction detached dwelling into two lots to allow for a new detached dwelling to be constructed on the severed lands. 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is an interior lot on located on Braun Street. The rear lot line abuts the Mount Hope Cemetery to the northeast. The existing use of the property is a detached duplex dwelling which is currently under construction. Major Transit Station Area Urban Structure aLow Rise Residential Official Plan. Residential Five Zone (R-5-law 85-1. The purpose of the application is to sever a residential lot containing an under-construction detached dwelling to allow for a new detached dwelling to be constructed on the severed lands. The severed lot would have a lot frontage of 10 metres, a lot depth of 40 metres, and a lot area of 402.6 square metres. The dimensions of the retained lot are the same as the severed lot. Figure 1 Location of Subject Property Figure 2 Elevation Drawing Submitted for Building Permit Figure 2 Photo of Subject Property Figure 3 Detailed 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 a form of gentle intensification of the subject property with the creation of new lot for a future duplex dwelling that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. development represents gentle intensification and will contribute towards achieving the 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 Urban Area in the ROP. The proposed development conforms to Policy 2.C.2.2 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. Major Transit Station Area Urban 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 R-5 required. Planning staff is of the opinion that the size, dimension, and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with a full range of low-density housing types including detached, semi detached and multiple dwellings with lot 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 severance conforms with the City of Kitchener Official Plan. Zoning By-law 85-1 Residential Five Zone (R-5)-law 85-1. The R- 5 zone permits a range of low density dwelling types including duplex dwellings. The R-5 zone requires a minimum lot width of 9 metres for internal lots and a minimum lot area of 235 square metres. The proposed lot widths and lot areas of the severed and retained lots meet the minimum lot width and lot area requirements of the R-5 zone. To facilitate the use of the severed and retained lots as duplex dwellings, two parking spaces will be required on each lot. Section 6.1.1 b) i) of Zoning By-law 85-1 permits one required parking space to be located within 6.0 metres of the street line where two or more parking spaces are required and permits parking spaces to be provided in tandem. 3 the retained lot. Section 6.1.1. b) ii) states that driveways must have a minimum width of 2.6 metres, and where the lot width is less than 10.4 metres, the maximum width of a driveway shall be 5.2 metres. 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 uses of both the severed and retained parcels are in -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. The gentle intensification of the site from a single detached dwelling to a detached duplex dwelling on the severed and is of the further 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: Given the presence of trees on the subject property and adjacent properties, the following condition is recommended. 1. agreement with the City of Kitchener, to be prepared by the City Solicitor, to the l include the following: a) That prior to any grading, servicing or the application or issuance of a building permit, the owner shall submit a plan, prepared by a qualified consultant, to the satisfaction Supervisor, Site Plans showing: (i) the proposed location of all buildings (including accessory buildings and structures), decks and driveways; (ii) the location of any existing buildings or structures to be removed or relocated; (iii) the proposed grades and drainage; (iv)the location of all trees to be preserved, removed or potentially impacted on or adjacent to the subject lands, including notations of their size, species and condition; (v) justification for any trees to be removed; and (vi) outline tree protection measures for trees to be preserved; and (vii) building elevation drawings. (viii) If necessary, the plan shall include required mitigation and or compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan require Supervisor, Site Plans. Grand River Conservation Authority Comments: The GRCA has no objection to the approval of this application. The subject property does 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. Heritage Planning Comments: The subject property is within the Mt. Hope/Breithaupt Neighbourhood CHL. 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 38 Braun St. is located within the Mount Hope/Breithaupt Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Mount Hope/Breithaupt Neighbourhood area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Mount Hope/Breithaupt Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit will be required for the new residential buildings. Engineering Division Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to Eric Riek (eric.riek@kitchener.ca ). Any new driveways are to be built to City of Kitchener standards. All works are at 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. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Parks/Operations Division Comments: Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash-in-lieu dedication required is $4,727.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 10.058 metre at a land value of $36,080 per frontage metre with a per unit cap of $11,862. Transportation Planning Comments: No concerns with this application. Region of Waterloo Comments: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Regional Staff note the subject property possesses the potential for the recovery of archaeological resources due to the proximity to a cemetery (within 50m buffer), property location, age of the existing dwelling, proximity to other mapped historic buildings and a known historic landform. Regional staff note that a new dwelling is already under construction on the retained lands and the lands have been disturbed through demolition. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S.48(a) of the Ontario Heritage Act; and/or, if human remains or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S.96 and associated Regulations. As per Regional Official Plan policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archaeological Assessment for the severed lands. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a copy of The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be required prior to final approval. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant is required to have a licensed Archaeologist complete an Archaeological Assessment of the severed lands and report(s) to the s Legislative Services Department. Hydro One Comments: We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting 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 (ROP) Official Plan (2014) Zoning By-law 85-1 Janine Fletcher 519-504-3573 D20-20/23 KIT October 2, 2023 Marilyn Mills Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-036 to B2023-040 Committee of Adjustment Hearing October 17, 2023 CITY OF KITCHENER B2023-036 45 Duke St W 536357 Ontario Ltd. (owner) / David Aston (MHBC Applicant) The applicant is proposing to create an easement on 45 Duke St W to allow access to the adjacent property at 48 Ontario St N. The proposed easement is 1m wide by 15m deep at the rear of 45 Duke St W to allow for access to the façade of 48 Ontario St N for maintenance and repairs. The subject property is located within the Built Up Area as designated in the Regional Official Plan. The subject property is located within the Kitchener City Hall Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaelogical Assesment (advisory comments): An archaeological assessment is not required. However, the applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources Document Number: 4489825 is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 _____________________ B2023-037 38 Braun St Burim Islami (owners) / Boban Jokanovic (Bobicon Ltd. Applicant) The applicant is proposing to sever the existing lot into two lots to facilitate the construction of a new detached duplex dwelling on the severed lot. The subject property is located within the Built Up Area as designated in the Regional Official Plan (ROP). The subject lands are located within the Grand River Hospital Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaeological Assessment: Regional Staff note the subject property possesses the potential for the recovery of archaeological resources due to the proximity to a cemetery (within 50m buffer), property location, age of the existing dwelling, proximity to other mapped historic buildings and a known historic landform. Regional staff note that a new dwelling is already under construction on the retained lands and the lands have been disturbed through demolition. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. As per Regional Official Plan policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the severed lands. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a Services Department. The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be required prior to final approval. Document Number: 4489825 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the severed lands and and Legislative Services Department. Document Number: 4489825 ___________________ B2023-038 265 Cotton Grass St Schlegel Urban Developments Corp (Owners) The applicant is proposing to sever an existing lot into two lots with the retained parcel (frontage on Max Becker Dr.) containing an existing commercial building and a proposed new commercial building, and the severed parcel is intended for future development of a residential building. The subject lands are located within the Designated Greenfield Area as per Map 3a of the Regional Official Plan and are located within Wellhead Protection Sensitivity Area 8 as per Map 6a of the Regional Official Plan. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (HGC, May 1, 2023), and Addendum (HGC, August 1, 2023) has been previously reviewed and accepted by the Region through a letter dated August 14, 2023. The owner must enter into a registered agreement with the City of Kitchener for the severed parcel to implement the noise study recommendations as follows: 1) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation 2) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: a. traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Document Number: 4489825 b. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, c. development to nearby commercial/retail facilities, sound levels from the The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant submits a valid section 59 notice. 3) That prior to final approval, the owner enters into a registered agreement with the City of Kitchener for the severed parcel to implement the recommendations of the accepted noise study, Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (Prepared by HGC, May 1, 2023), and Addendum (Prepared by HGC, May 1, 2023), specifically that: a) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation of a central air conditioning s b) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: i. increasing road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the ii. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the iii. development to nearby commercial/retail facilities, sound levels Document Number: 4489825 __________________ B2023-039 and 040 75 Otterbein Rd Kold Creek Land Corp. (Owner) / Luisa Vacondio (MHBC Planning Applicant) The applicant is proposing a severance of the existing parcel into two separate parcels. The proposal is for two, six-storey apartment buildings on the retained parcel with 48 units each for a total of 96 units and 3 blocks of stacked townhouses on the severed parcel with a total of 57 residential units. The subject lands are located within the Designated Greenfield Area as identified in the Regional Official Plan (ROP). Regional Fee (Advisory Comments): The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Salt Management Plan: A Salt Management Plan (SMP) will be required for review and approval by the Region, prior to final approval of the consent. As part of the plan, Regional staff would encourage the proponent to incorporate design considerations with respect to salt management, including: Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways Locating snow storage areas on impervious (i.e. paved) surfaces in close proximity to catch basins. TM Using winter maintenance contractors that are Smart About Salt certified. Using alternative de-icers (e.g. pickled sand) in favour of road salt. Document Number: 4489825 TM The proponent is eligible for certification under the Smart About Salt program for this property. Completion of the Salt Management Plan is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Environmental Noise: The subject lands are located adjacent to Lackner Blvd, a Regional Road, it is anticipated that the proposed dwellings, may require special building components (special walls, windows etc.) and the installation of air-conditioning to attenuate noise impacts. Staff also note that there may be potential stationary noise sources in the vicinity. As a condition of the consent, the owner shall complete a road traffic and stationary noise study for the severed and retained lands, and enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Airport Zoning (Advisory comments): Please be advised that the proposed low rise buildings falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically the Outer Surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. The building and subsequent cranes will need to be assessed by Nav Canada through their Land Use office and may be further subject to review by Transport Canada for obstacle assessment. At the appropriate time, prior to Building permit issuance, Airport staff would request more detail plans on the construction building including crane information to ensure no impacts to Airport Operations. The applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, a Salt Management Plan is submitted to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a road traffic and stationary noise study for the severed and retained lands, and enter into a registered development agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. _______________ General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to attend the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Janine Fletcher, BES. Senior Planner Region of Waterloo Document Number: 4489825 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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 CFMM!QPMF!XJUI!QPMF NPVOUFE!UFSNJOBM!BOE TQMJDF n 6 / 1 1/2n C 1/4n C C C C C C C C C C C MFHFOE QSPQPTFE UZQF!PG!QMBOU FYJTUJOH C C C CVSJFE!DBCMF CVSJFE!XJSF C C BB BFSJBM!DBCMF B D D DPOEVJU D D ,,, NBOIPMF HMC HMC HMCHMC HSBEF!MFWFM!CPY QFEFTUBM QPMF!.!CFMM QPMF.!IZESP HVZ!'!BODIPS From:Tina Malone-Wright To:Committee of Adjustment (SM) Subject:FW: City of Kitchener - 38 Braun Street - B-2023-037 Date:Tuesday, October 3, 2023 3:49:40 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png image010.png From: Planning (SM) <planning@kitchener.ca> Sent: Tuesday, October 3, 2023 2:47 PM To: Tina Malone-Wright <Tina.MaloneWright@kitchener.ca> Subject: FW: City of Kitchener - 38 Braun Street - B-2023-037 FYI Regards, Arwa Alzoor Planning Technician / Site Development| Planning Division | City of Kitchener 519-741-2200 ext. 7847 | arwa.alzoor@kitchener.ca | From: ARABIA Gabriel <Gabriel.Arabia@hydroone.com> Sent: Tuesday, October 3, 2023 2:43 PM To: Planning (SM) <planning@kitchener.ca> Subject: City of Kitchener - 38 Braun Street - B-2023-037 You don't often get email from gabriel.arabia@hydroone.com.Learn why this is important Hello, nd We are in receipt of your Application for Consent, B-2023-037 dated September 22, 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: October 17, 2023 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: October 4, 2023 REPORT NO.: DSD-2023-449 SUBJECT: Consent Application B2023-038 265 Cotton Grass Street RECOMMENDATION: That Consent Application B2023-038 requesting consent to sever a parcel of land having a lot width of 50 metres, a lot depth of 72 metres and a lot area of 3,477 square metres, BE APPROVED subject to the following conditions: 1. That the Oiated 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 4. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 5. That prior to final approval, the owner/applicant submits a valid Section 59 Notice. 6. That prior to final approval, the owner enters into a registered agreement with the City of Kitchener for the severed parcel to implement the recommendations *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. of the accepted noise study, Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (Prepared by HGC, May 1, 2023), and Addendum (Prepared by HGC, May 1, 2023), specifically that: a) That all dwelling units on the severed parcel be constructed with an air- ducted heating system suitably sized and designed to provide for the future installation of a central air conditioning system at the ow b) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: i) road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and ii) system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, iii) s are advised that due to the proximity of this development to nearby commercial/retail facilities, sound levels from the REPORT HIGHLIGHTS: The purpose of this report is to review an application for consent to create a new lot in order to construct 28 dwelling units in the form of stacked townhouses. The retained lot will remain commercial. 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 he agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Cotton Grass Street, directly adjacent to the commercial plaza. The surrounding neighbourhood consists of a variety of residential uses such as single detached dwellings, semi-detached dwellings and multiple dwellings that vary in lot and area. The property recently received Council approval in April 2023 through Official Plan Amendment OPA22/015/C/KA and Zoning By-law Amendment ZBA22/026/C/KA to permit the multiple dwelling use on the property as well as other site specific setbacks, parking rate, etc. Figure 1: Location Map 265 Cotton Grass Street The subject property is on Map 2 Urban Structure and is Commercial Land Use, with Specific Policy Area 61 2014 Official Plan. Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 356R, Special Use Provision 483U, and Special Regulation Provision 787R in Zoning By-law 85-1. The purpose of the application is to sever the residential use containing the 28 stacked townhouse units from the remaining commercial portion of the lands. The existing lot is currently vacant and the commercial uses will remain on the retained lands. The severed lot would have a lot frontage of 50 metres, a lot depth of 72 metres and an area of 3,477 square metres, while the retained lot would have a lot frontage of approximately 75 metres, a lot depth of 183 metres and an area of 10,714 square metres. Staff conducted a site visit to the subject property on September 28, 2023. Figure 2: Vacant lot Currently under development Figure 3: 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 a form of gentle intensification of the subject property with the creation of new lot for 28 stacked townhouse dwelling units that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in closer proximity to trails and parks. Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum intensification and targets in this plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. d development represents gentle intensification and will contribute towards achieving the 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 development conforms to Policy 2.C.2 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. The subject Urban Structure and is Land Use, with Specific 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 width and lot area of the proposed severed and retained lots meet the minimum requirements within the zoning. 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 85-1 -2) with Special Regulation Provision 356R, Special Use Provision 483U, and Special Regulation Provision 787R in Zoning By-law 85-1. Special Use Provision 483U permits the 100% residential building on the subject lands, while Special Regulation Provision 787R permits a minimum lot area of 3,400 square meters, dwelling units of the ground floor, updated setbacks, and updated parking rates. The proposed lot widths and lot areas of the proposed severed and retained lots meet the minimum lot width and lot area requirements. 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 lot is desirable and appropriate. The uses of both the severed and retained parcels are in -law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No comments. Any Environmental concerns have been addressed through SP22/184/C/KA. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: All engineering conditions have been addressed through SP22/184/C/KA. Parks/Operations Division Comments: Despite 273.1.4.2 of Bylaw 2022-101, the commercial land use that was originally anticipated through the subdivision and for which park dedication has been paid through KDA 30T-96005, no additional park dedication is required as the existing C-2 zoning permits dwelling units and the requested Severance does not impact or increase previously approved density. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The applicant is proposing to sever an existing lot into two lots with the retained parcel frontage on Max Becker Drivecontaining an existing commercial building and a proposed new commercial building, and the severed parcel is intended for future development of a residential building. The subject lands are located within the Designated Greenfield Area as per Map 3a of the Regional Official Plan and are located within Wellhead Protection Sensitivity Area 8 as per Map 6a of the Regional Official Plan. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (HGC, May 1, 2023), and Addendum (HGC, August 1, 2023) has been previously reviewed and accepted by the Region through a letter dated August 14, 2023. The owner must enter into a registered agreement with the City of Kitchener for the severed parcel to implement the noise study recommendations as follows: 1) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation of a central air 2) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: a) may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environm b) 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 c) nearby commercial/retail facilities, sound levels from the facilities may at times be The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant submits a valid section 59 Notice. 3) That prior to final approval, the owner enters into a registered agreement with the City of Kitchener for the severed parcel to implement the recommendations of the accepted noise study, Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (Prepared by HGC, May 1, 2023), and Addendum (Prepared by HGC, May 1, 2023), specifically that: a) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation of b) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: i) traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. ii) which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, Conservation and iii) to nearby commercial/retail facilities, sound levels from the facilities may at 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 85-1 and/or 2019-051 DSD-2023-111 Janine Fletcher 519-504-3573 D20-20/23 KIT October 2, 2023 Marilyn Mills Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-036 to B2023-040 Committee of Adjustment Hearing October 17, 2023 CITY OF KITCHENER B2023-036 45 Duke St W 536357 Ontario Ltd. (owner) / David Aston (MHBC Applicant) The applicant is proposing to create an easement on 45 Duke St W to allow access to the adjacent property at 48 Ontario St N. The proposed easement is 1m wide by 15m deep at the rear of 45 Duke St W to allow for access to the façade of 48 Ontario St N for maintenance and repairs. The subject property is located within the Built Up Area as designated in the Regional Official Plan. The subject property is located within the Kitchener City Hall Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaelogical Assesment (advisory comments): An archaeological assessment is not required. However, the applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources Document Number: 4489825 is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 _____________________ B2023-037 38 Braun St Burim Islami (owners) / Boban Jokanovic (Bobicon Ltd. Applicant) The applicant is proposing to sever the existing lot into two lots to facilitate the construction of a new detached duplex dwelling on the severed lot. The subject property is located within the Built Up Area as designated in the Regional Official Plan (ROP). The subject lands are located within the Grand River Hospital Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaeological Assessment: Regional Staff note the subject property possesses the potential for the recovery of archaeological resources due to the proximity to a cemetery (within 50m buffer), property location, age of the existing dwelling, proximity to other mapped historic buildings and a known historic landform. Regional staff note that a new dwelling is already under construction on the retained lands and the lands have been disturbed through demolition. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. As per Regional Official Plan policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the severed lands. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a Services Department. The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be required prior to final approval. Document Number: 4489825 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the severed lands and and Legislative Services Department. Document Number: 4489825 ___________________ B2023-038 265 Cotton Grass St Schlegel Urban Developments Corp (Owners) The applicant is proposing to sever an existing lot into two lots with the retained parcel (frontage on Max Becker Dr.) containing an existing commercial building and a proposed new commercial building, and the severed parcel is intended for future development of a residential building. The subject lands are located within the Designated Greenfield Area as per Map 3a of the Regional Official Plan and are located within Wellhead Protection Sensitivity Area 8 as per Map 6a of the Regional Official Plan. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (HGC, May 1, 2023), and Addendum (HGC, August 1, 2023) has been previously reviewed and accepted by the Region through a letter dated August 14, 2023. The owner must enter into a registered agreement with the City of Kitchener for the severed parcel to implement the noise study recommendations as follows: 1) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation 2) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: a. traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Document Number: 4489825 b. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, c. development to nearby commercial/retail facilities, sound levels from the The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant submits a valid section 59 notice. 3) That prior to final approval, the owner enters into a registered agreement with the City of Kitchener for the severed parcel to implement the recommendations of the accepted noise study, Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (Prepared by HGC, May 1, 2023), and Addendum (Prepared by HGC, May 1, 2023), specifically that: a) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation of a central air conditioning s b) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: i. increasing road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the ii. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the iii. development to nearby commercial/retail facilities, sound levels Document Number: 4489825 __________________ B2023-039 and 040 75 Otterbein Rd Kold Creek Land Corp. (Owner) / Luisa Vacondio (MHBC Planning Applicant) The applicant is proposing a severance of the existing parcel into two separate parcels. The proposal is for two, six-storey apartment buildings on the retained parcel with 48 units each for a total of 96 units and 3 blocks of stacked townhouses on the severed parcel with a total of 57 residential units. The subject lands are located within the Designated Greenfield Area as identified in the Regional Official Plan (ROP). Regional Fee (Advisory Comments): The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Salt Management Plan: A Salt Management Plan (SMP) will be required for review and approval by the Region, prior to final approval of the consent. As part of the plan, Regional staff would encourage the proponent to incorporate design considerations with respect to salt management, including: Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways Locating snow storage areas on impervious (i.e. paved) surfaces in close proximity to catch basins. TM Using winter maintenance contractors that are Smart About Salt certified. Using alternative de-icers (e.g. pickled sand) in favour of road salt. Document Number: 4489825 TM The proponent is eligible for certification under the Smart About Salt program for this property. Completion of the Salt Management Plan is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Environmental Noise: The subject lands are located adjacent to Lackner Blvd, a Regional Road, it is anticipated that the proposed dwellings, may require special building components (special walls, windows etc.) and the installation of air-conditioning to attenuate noise impacts. Staff also note that there may be potential stationary noise sources in the vicinity. As a condition of the consent, the owner shall complete a road traffic and stationary noise study for the severed and retained lands, and enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Airport Zoning (Advisory comments): Please be advised that the proposed low rise buildings falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically the Outer Surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. The building and subsequent cranes will need to be assessed by Nav Canada through their Land Use office and may be further subject to review by Transport Canada for obstacle assessment. At the appropriate time, prior to Building permit issuance, Airport staff would request more detail plans on the construction building including crane information to ensure no impacts to Airport Operations. The applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, a Salt Management Plan is submitted to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a road traffic and stationary noise study for the severed and retained lands, and enter into a registered development agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. _______________ General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to attend the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Janine Fletcher, BES. Senior Planner Region of Waterloo Document Number: 4489825 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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 From:Tina Malone-Wright To:Committee of Adjustment (SM) Subject:FW: City of Kitchener - 265 Cotton Grass Street - B 2023-038 Date:Tuesday, October 3, 2023 3:48:55 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png image010.png From: Planning (SM) <planning@kitchener.ca> Sent: Tuesday, October 3, 2023 2:47 PM To: Tina Malone-Wright <Tina.MaloneWright@kitchener.ca> Subject: FW: City of Kitchener - 265 Cotton Grass Street - B 2023-038 FYI Regards, Arwa Alzoor Planning Technician / Site Development| Planning Division | City of Kitchener 519-741-2200 ext. 7847 | arwa.alzoor@kitchener.ca | From: ARABIA Gabriel <Gabriel.Arabia@hydroone.com> Sent: Tuesday, October 3, 2023 2:45 PM To: Planning (SM) <planning@kitchener.ca> Subject: City of Kitchener - 265 Cotton Grass Street - B 2023-038 You don't often get email from gabriel.arabia@hydroone.com.Learn why this is important Hello, nd We are in receipt of your Application for Consent, B 2023-038 dated September 22, 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 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 Draft Plan of Subdivision 30T-02206 Janine Fletcher 519-504-3573 D20-20/23 KIT October 2, 2023 Marilyn Mills Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 Re: Comments for Consent Applications B2023-036 to B2023-040 Committee of Adjustment Hearing October 17, 2023 CITY OF KITCHENER B2023-036 45 Duke St W 536357 Ontario Ltd. (owner) / David Aston (MHBC Applicant) The applicant is proposing to create an easement on 45 Duke St W to allow access to the adjacent property at 48 Ontario St N. The proposed easement is 1m wide by 15m deep at the rear of 45 Duke St W to allow for access to the façade of 48 Ontario St N for maintenance and repairs. The subject property is located within the Built Up Area as designated in the Regional Official Plan. The subject property is located within the Kitchener City Hall Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaelogical Assesment (advisory comments): An archaeological assessment is not required. However, the applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources Document Number: 4489825 is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. The Region has no objection to the proposed application, subject to the following condition: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 _____________________ B2023-037 38 Braun St Burim Islami (owners) / Boban Jokanovic (Bobicon Ltd. Applicant) The applicant is proposing to sever the existing lot into two lots to facilitate the construction of a new detached duplex dwelling on the severed lot. The subject property is located within the Built Up Area as designated in the Regional Official Plan (ROP). The subject lands are located within the Grand River Hospital Major Transit Station Area (MTSA). Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Archaeological Assessment: Regional Staff note the subject property possesses the potential for the recovery of archaeological resources due to the proximity to a cemetery (within 50m buffer), property location, age of the existing dwelling, proximity to other mapped historic buildings and a known historic landform. Regional staff note that a new dwelling is already under construction on the retained lands and the lands have been disturbed through demolition. The applicant is advised that if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. As per Regional Official Plan policy 3.G.9, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment for the severed lands. The owner/applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a Services Department. The completed Archaeological Assessment(s) and Ministry Acknowledgement(s) will be required prior to final approval. Document Number: 4489825 The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant is required to have a licensed Archaeologist complete an Archeological Assessment of the severed lands and and Legislative Services Department. Document Number: 4489825 ___________________ B2023-038 265 Cotton Grass St Schlegel Urban Developments Corp (Owners) The applicant is proposing to sever an existing lot into two lots with the retained parcel (frontage on Max Becker Dr.) containing an existing commercial building and a proposed new commercial building, and the severed parcel is intended for future development of a residential building. The subject lands are located within the Designated Greenfield Area as per Map 3a of the Regional Official Plan and are located within Wellhead Protection Sensitivity Area 8 as per Map 6a of the Regional Official Plan. Regional Fee: The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Environmental Noise: Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (HGC, May 1, 2023), and Addendum (HGC, August 1, 2023) has been previously reviewed and accepted by the Region through a letter dated August 14, 2023. The owner must enter into a registered agreement with the City of Kitchener for the severed parcel to implement the noise study recommendations as follows: 1) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation 2) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: a. traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Document Number: 4489825 b. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment, c. development to nearby commercial/retail facilities, sound levels from the The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. 2) That prior to final approval, the owner/applicant submits a valid section 59 notice. 3) That prior to final approval, the owner enters into a registered agreement with the City of Kitchener for the severed parcel to implement the recommendations of the accepted noise study, Noise Feasibility Study, Proposed Residential Development, 265 Cotton Grass Street, Kitchener, Ontario (Prepared by HGC, May 1, 2023), and Addendum (Prepared by HGC, May 1, 2023), specifically that: a) That all dwelling units on the severed parcel be constructed with an air-ducted heating system suitably sized and designed to provide for the future installation of a central air conditioning s b) That the owner agrees to include the following warning clause in all offers to purchase and/or rental agreements: i. increasing road traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the ii. system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the iii. development to nearby commercial/retail facilities, sound levels Document Number: 4489825 __________________ B2023-039 and 040 75 Otterbein Rd Kold Creek Land Corp. (Owner) / Luisa Vacondio (MHBC Planning Applicant) The applicant is proposing a severance of the existing parcel into two separate parcels. The proposal is for two, six-storey apartment buildings on the retained parcel with 48 units each for a total of 96 units and 3 blocks of stacked townhouses on the severed parcel with a total of 57 residential units. The subject lands are located within the Designated Greenfield Area as identified in the Regional Official Plan (ROP). Regional Fee (Advisory Comments): The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final approval of the consent. Source Protection Plan Compliance (Section 59 Notice): The subject lands are located in a Source Protection Area where Risk Management Plan policies implemented by the Region of Waterloo may apply. The owner/applicant must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice. Salt Management Plan: A Salt Management Plan (SMP) will be required for review and approval by the Region, prior to final approval of the consent. As part of the plan, Regional staff would encourage the proponent to incorporate design considerations with respect to salt management, including: Ensure that cold weather stormwater flows are considered in the site design. Consideration should be given to minimize the transport of meltwater across the parking lots or driveway. This also has the potential to decrease the formation of ice and thereby the need for de-icing. Directing downspouts towards pervious (i.e. grassy) surfaces to prevent runoff from freezing on parking lots and walkways Locating snow storage areas on impervious (i.e. paved) surfaces in close proximity to catch basins. TM Using winter maintenance contractors that are Smart About Salt certified. Using alternative de-icers (e.g. pickled sand) in favour of road salt. Document Number: 4489825 TM The proponent is eligible for certification under the Smart About Salt program for this property. Completion of the Salt Management Plan is one part of the program. To learn more about the program and to find accredited contractors please refer to: http://www.smartaboutsalt.com/. Benefits of designation under the program include cost savings through more efficient use of salt, safe winter conditions by preventing the formation of ice, and potential reductions in insurance premiums. Environmental Noise: The subject lands are located adjacent to Lackner Blvd, a Regional Road, it is anticipated that the proposed dwellings, may require special building components (special walls, windows etc.) and the installation of air-conditioning to attenuate noise impacts. Staff also note that there may be potential stationary noise sources in the vicinity. As a condition of the consent, the owner shall complete a road traffic and stationary noise study for the severed and retained lands, and enter into an agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. Airport Zoning (Advisory comments): Please be advised that the proposed low rise buildings falls within the Region of Waterloo International Airport Aeronautical Zoning Regulated area, specifically the Outer Surface and is subject to all restrictions outlined in the Airports Aeronautical Zoning Regulations. The building and subsequent cranes will need to be assessed by Nav Canada through their Land Use office and may be further subject to review by Transport Canada for obstacle assessment. At the appropriate time, prior to Building permit issuance, Airport staff would request more detail plans on the construction building including crane information to ensure no impacts to Airport Operations. The applicant must complete and submit the necessary Form(s) as required for the proposed buildings and cranes, and furnish the necessary information as required by NAV Canada as provided at the link below: https://www.navcanada.ca/en/products-and-services/Pages/land-use- program.aspx. The Region has no objection to the proposed application, subject to the following conditions: 1) That prior to final approval, the owner/applicant submit the Regional consent review fee of $350.00. Document Number: 4489825 2) That prior to final approval, the owner/applicant must submit a valid section 59 notice. 3) That prior to final approval, a Salt Management Plan is submitted to the satisfaction of the Region of Waterloo. 4) That prior to final approval, the owner/applicant complete a road traffic and stationary noise study for the severed and retained lands, and enter into a registered development agreement with the Regional Municipality of Waterloo and/or the City of Kitchener to secure implementation of the noise study recommendations, to the satisfaction of the Regional Commissioner of Planning, Development and Legislative Services. _______________ General Comments Any future development on the lands subject to the above-noted consent application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to attend the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Janine Fletcher, BES. Senior Planner Region of Waterloo Document Number: 4489825 September 26, 2023 Alison Fox City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7) 06 FREDERICK, Kitchener, ON N2G 4G7 230 FREDERICK STREET MATTHEW MULLER (8) 54 LACKNER, LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 Subject: Committee of Adjustment Meeting October 17, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 116 267 Traynor Avenue No Concerns. 2) A 2023 - 117 72 Underhill Crescent No Concerns. 3) A 2023 - 118 35 Fifth Avenue No Concerns 4) A 2023 - 119 196 Forest Hill Drive No Concerns. 5) A 2023 - 121 15 Cedar Street No Concerns. 6) A 2023 122 186 Lyndhurst Drive No Concerns. 7) A 2023 - 123 230 Frederick Street No Concerns. 8) A 2023 124 75 Otterbein Road 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЍБЏЋЌЎ tğŭĻ Њ ƚŅ Ћ 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 2 September 29, 2023via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariah Blake, Re:Committee of Adjustment Meeting October 17, 2023 Applications for Minor Variance A 2023-116267 Traynor Avenue A 2023-11772 Underhill Crescent A 2023-11835 Fifth Avenue A 2023-119196 Forest Hill Drive A2023-12115 Cedar Street North A 2023-122186 Lyndhurst Drive A 2023-123230 Frederick Street A 2023-12475 Otterbein Road Applicationsfor Consent B 2023-03645 Duke Street West B 2023-03738 Braun Street B 2023-038265 Cotton Grass Street B2023-039to 04075 Otterbein 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 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 From:Tina Malone-Wright To:Committee of Adjustment (SM) Subject:FW: City of Kitchener - 40-75 Otterbein Rd - B-2023-039 Date:Tuesday, October 3, 2023 3:48:11 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png image010.png From: Planning (SM) <planning@kitchener.ca> Sent: Tuesday, October 3, 2023 2:48 PM To: Tina Malone-Wright <Tina.MaloneWright@kitchener.ca> Subject: FW: City of Kitchener - 40-75 Otterbein Rd - B-2023-039 FYI Regards, Arwa Alzoor Planning Technician / Site Development| Planning Division | City of Kitchener 519-741-2200 ext. 7847 | arwa.alzoor@kitchener.ca | From: ARABIA Gabriel <Gabriel.Arabia@hydroone.com> Sent: Tuesday, October 3, 2023 2:47 PM To: Planning (SM) <planning@kitchener.ca> Subject: City of Kitchener - 40-75 Otterbein Rd - B-2023-039 You don't often get email from gabriel.arabia@hydroone.com.Learn why this is important Hello, nd We are in receipt of your Application for Consent, B-2023-039 dated September 22, 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