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HomeMy WebLinkAboutCA Agenda - 2023-11-211 KiTc�ivER Committee of Adjustment Agenda Tuesday, November 21, 2023, 10:00 a.m. -12:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on TUESDAY, November 21, 2023, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting, anyone having an interest in any of these applications may make oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow. The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5. UNFINISHED BUSINESS 5.1 A 2023-111 —15 Catalina Court, DSD -2023-392, DSD -2023-505 6 Requesting minor variances to the Zoning By-law to permit a lot to have the width of 11.9m rather than the minimum required 13.1m; and, to permit three parking spaces to be located within 6.Om of the exterior lot line, rather than maximum one permitted, to facilitate the conversion of a semi-detached dwelling into a semi-detached duplex dwelling with an Additional Dwelling Unit (ADU) (Detached) within the rear yard. 6. NEW BUSINESS 6.1 A 2023-125 - 787 King Street East, 432 Charles Street East & 5 Stirling 48 Avenue South, DSD -2023-497 Requesting Minor Variances to permit a residential parking rate of 0.64 spaces per unit inclusive of visitor parking, rather than 1.0 spaces per unit for units; to permit visitor parking to be provided at a rate of 8% of required residential parking spaces, rather than 20% of the required parking spaces; to permit a commercial parking rate of 1 space per 45sq.m. rather than 1 space per 20sq.m.; to remove the requirement for a Driveway Visibility Triangle (DVT), whereas the By-law requires a DVT; to allow a building height over 0.9m within the defined area along Charles Street West; to permit a day care facility on lands affected by Special Regulation Provision 1 R where the day care facility is located on the second floor; to permit a horizontal distance of 13m from the east building corner on the Charles Street facade with no display windows or entrances; and, to permit parking spaces within a minimum width of 2.4m and a minimum length of 4.8m rather than a minimum width of 2.6m and a minimum length of 5m for up to 10% of the parking spaces, to facilitate the development of a residential and commercial development containing two high-rise buildings being 33 and 37 stories and two stacked townhouse blocks. 6.2 A 2023-126 - 117 Ingleside Drive, DSD -2023-492 68 Requesting Minor Variances to permit a lot to have a width of 8.8m rather than the minimum required 13.1m and to permit the minimum side yard of the principal dwelling to be 1.3m rather than the minimum required 2.5m, to facilitate the development of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the existing semi-detached dwelling. 6.3 A 2023-127 - 52 Sabrina Crescent, DSD -2023-499 79 Requesting a Minor Variance to permit a required parking space to be located Om from the street line instead of the minimum required 6m; and for one of the required parking spaces to have a width of 2.5m rather than the required 2.6m to accommodate two side-by-side parking spaces for a proposed Additional Dwelling Unit (ADU) (Attached), a duplex. Page 2 of 221 6.4 A 2023-128 - 76 Dunham Avenue, DSD -2023-495 89 Requesting a Minor Variance to permit a required parking space to be located 2.5m from the street line rather than the minimum required 6m to be able to accommodate two side-by-side parking spaces for a proposed Additional Dwelling Unit (ADU) (Attached), a duplex. 6.5 A 2023-129 - 600 Queen Street South, DSD -2023506 104 Requesting Minor Variances to permit three (3) structural pillars at the main entrance and a small portion of the southeast corner of the proposed building to encroach into the Driveway Visibility Triangle (DVT) to facilitate the development of the lands with a 12 -storey residential care facility with 181 dwelling units, whereas the By-law does not permit any encroachments into the DVT. 6.6 A 2023-130 - 55 Roxborough Avenue, DSD -2023-502 114 Requesting a Minor Variance to permit an attached garage to project 1.7m from the habitable portion of the dwelling to facilitate the construction of a new attached garage onto the existing dwelling, whereas the zoning by-law does not permit attached garages to project beyond the habitable portion of the dwelling. 6.7 A 2023-131 to 134 - 55 & 59 Franklin Street South, 50 & 54 Eighth 126 Avenue, DSD -2023-507 Requesting Minor Variances to permit a minimum parking rate of 0.415 spaces per dwelling unit (25 spaces), rather than the minimum 1 space required; and, to permit a multi -unit parking rate of 1 space per 53sq.m. (6 spaces) rather than the required minimum multi -unit rate of 1 space per 35sq.m. In total 31 parking spaces will be provided per building for an overall total of 127 parking spaces, to facilitate the development of 4 6 - storey mixed used buildings containing commercial uses on the main floor and residential units above, 240 units are proposed to be affordable residential units. 6.8 B 2023-041 -150 Marlborough Avenue, DSD -2023494 192 Requesting consent to sever a triangular-shaped parcel of land having a width of approximately 3.7m, a depth of 7.5m and an area of 2.75sq.m. to be which will be conveyed as a lot addition to the lands municipally addressed as 148 Marlborough Avenue, to ensure the existing driveway for 146 Marlborough Avenue will be solely located on this property. Page 3 of 221 6.9 B 2023-042 & A 2023-135 to 136 - 52 Edgehill Drive, DSD -2023-498 205 Requesting consent to sever a parcel of land at the rear of the existing dwelling, having a width of 32m, a depth of 45m, and an area of 1253.6sq.m. The retained land will have a width of 52m, a depth of 45m, and an area of 1741 sq. m. Minor Variances are also being requested to permit a driveway width of 16.5m for an existing driveway rather than maximum width of 8m, and to permit reduced lot areas for both the proposed severed and retained lands of 1,253sq.m. and 1,741sq.m., rather than the minimum required 2,023sq.m. The retained parcel will maintain the existing dwelling, while the severed parcel is intended for a residential dwelling. 7. ADJOURNMENT Page 4 of 221 8. PLANNING ACT INFORMATION • Additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519- 741-2203). Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the online Council and Committee calendar; see the meeting date for more details. Anyone having an interest in any of these applications may attend this meeting. Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal. Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Mariah Blake at mariah.blakeno kitchener.ca. If you wish to be notified of a decision, you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 3rd day of November, 2023. Mariah Blake Secretary -Treasurer Committee of Adjustment Page 5 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 19, 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: November 6, 2023 REPORT NO.: DSD -2023-505 SUBJECT: Minor Variance Application A2023-111 —15 Catalina Court RECOMMENDATION: That Minor Variance Application A2023-111 for 15 Catalina Court requesting relief from the following sections of Zoning By-law 2019-051; i) Section 4.12.2 e) to permit a lot width of 11.9 metres instead of the minimum required 13.1 metres; and ii) Section 5.3.3 a) ii) to permit three (3) parking spaces to be located within 6.0 metres of a street line instead of the maximum permitted one (1) parking space within 6.0 metres of a street line; to facilitate the construction of an Additional Dwelling Unit (Detached) in the rear yard of the property and an Additional Dwelling Unit (Attached) in the basement of the existing semi-detached dwelling unit, generally in accordance with drawings prepared by Rob Sajkunovic, dated October 26, 2023, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for minor variances to facilitate the development of an Additional Dwelling Unit (ADU) (Attached) and an Additional Dwelling Unit (ADU) (Detached) on the subject property. • The key finding of this report is that the requested minor variances satisfy the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 221 • This report supports the delivery of core services. BACKGROUND: The subject property is located on Catalina Court, near its intersection with Monte Carlo Street. The existing use of the property is a semi-detached dwelling unit. Figure A — Location of Subject Property Figure B — Location of Proposed ADU (Detached) Page 7 of 221 Figure C - Location of Proposed Driveway 15 Catalina Crt - Proposed Curb Cut / Driveway Widening *ZONING DRAWING ONLY - NOT A PERMIT* NOTES: 1. Entire driveway to be one consistent surface material. 2. No off-site (City property) Driveway not to be work is allowed before located in this area permit is issued by Engineering. 3. Driveway must be at least Driveway must be at 2 4m from boulevard tree least 2.4m from boulevard tree ivy Oo 1 Zoning is proposing a 2.6m �1 driveway in order to work around obstacles L2g2nd IL .Driveway required to be at Existing east 5.5m in length Proposed 1m from lamp post Existing lamp post Do not scale image; measurements are approximate and abased on City of Kitchener Onpoint Mapping T� ' Applicant: Karthik Bonthu Phone: 226-240-2502 Lot Width: 11.9m Proposed Driveway Width: 2.6m Email: karthik@insideview.ca Billing Address: 15 Catalina Crt, Existing Driveway Width: Om Proposed Curb Cut Width: 3.6m Kitchener, ON N2M SL9 Figure D — Curb Cutting/Driveway Widening Drawing For Permit Page 8 of 221 ►LU.WIHLW FASPA i5w_ w 0 i O.p{ 710 FIN_ FLOOR 17- GR6W FLOOR 4 -JZ7a 1/0 FIN. R" 17 - BASEMENT — L — — — — — — — — — — — — — — — — * -------------------------- 34&N -------------------------34&N Figure E — Front Elevation of Proposed ADU (Detached) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low -Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low -Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate the development of two (2) additional dwelling units on the subject property through the construction of an Additional Dwelling Unit (Attached) in the basement of the existing semi-detached dwelling unit and an Additional Dwelling Unit (Detached) in the rear yard of the subject property, as shown in `Attachment A'. The requested relief from the Zoning By-law is necessary to permit the ADU (Detached) on a lot with a width of 11.9 metres. To facilitate the three (3) dwelling unit use of the property, two (2) of the three (3) required parking spaces will be located in the existing driveway in the exterior side yard of the property. One (1) of the three (3) required parking spaces will be located in a new driveway in the front yard of the property. The location of the three (3) parking spaces is shown in `Attachment A'. A drawing submitted as a part of the driveway widening/curb cutting application has been included with this report as Figure `D'. The requested relief from the Zoning By-law is necessary to locate three (3) required parking spaces on the subject property within 6 metres of the street (property) line. Deferral from September 19, 2023, Committee of Adjustments Meeting Agenda Minor Variance A2023-111 15 Catalina Court was Deferred from the September 19, 2023, Committee of Adjustments Meeting Agenda for the following reasons: Page 9 of 221 • To give the applicant the opportunity to provide a Preliminary Grading Plan showing the elevation of the proposed location of the ADU (Detached). A Grading Plan has been provided and is included alongside this report as `Attachment B'. • For the applicant to modify the drawings to show that the proposed basement of the ADU (Detached) is below grade. The front elevations shown in `Figure E', along with zoning analysis conducted by Planning staff, confirm that the proposed basement of the ADU (Detached) is below grade. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' on Map 3 of the Official Plan. This designation permits a full range of low density housing types including semi-detached dwelling units, 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. Staff is of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Minimum Lot Width for Additional Dwelling Unit (Detached): The intent of Section 4.12.3 k) of Zoning By-law 2019-051 which requires a minimum lot width of 13.1 metres to permit an ADU (Detached) is to ensure there is adequate space on the lot to accommodate the size of an ADU (Detached), required parking and a sufficient amenity area for use by the residents of the dwelling units. The proposed ADU (Detached) is able to locate within the rear yard of the property while preserving the existing driveway and a portion of the landscaped area. The proposed ADU (Attached) will be located within the existing semi-detached dwelling unit. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking Spaces within 6.0 metres of a Street Line: The intent of Section 5.3.3 a) ii) of Zoning By-law 2019-051 which permits a maximum of one (1) parking space within 6.0 metres of a street line for a property having 3 dwelling units is to ensure that the front and exterior yards of properties do not primarily function as parking areas. Two of the three required parking spaces will be located in the existing driveway in the exterior side yard and will be set back 0.3 metres from the street line. One of the three parking spaces will be located in a new driveway in the front yard and will be set back 0 metres from the street line. A Curb Cut Permit has already been issued for this new driveway. The exterior side yard of the property will still provide greater than the minimum required 20% landscaped area. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Page 10 of 221 Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor. The proposed ADU (Detached) will not impact the neighbouring properties. The potential issue of overlook is mitigated by the building design which does not feature any windows on the wall adjacent to the neighbouring property. The boulevard and existing street trees provide a visual barrier between the parking spaces and the street. Accordingly, the effects of the variances will 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 variances are desirable and appropriate for the use of the land as it will facilitate the development of 3 dwelling units on the subject property, supporting a gentle intensification of the property, will make use of existing infrastructure, and support the City's Housing Pledge. Environmental Planning Comments: No natural heritage concerns. The neighbour's tree (root zone) is close to the ADU construction but should be far enough away to prevent damage, therefore there are no concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit application has been made for the detached additional dwelling unit. Engineering Division Comments: Advisory comment: it is City policy for only 1 set of services per property. Parks/Operations Division Comments: Comments revised to indicate no concerns. Transportation Planning Comments: Transportation Services can support the proposed application to permit three (3) parking spaces to be located within 6 metres of the property line as the proposal includes an updated driveway that can accommodate the proposed number of vehicles. NOTE: The homeowner is responsible for obtaining an approved Curb Cut Permit from the City of Kitchener before modifying the curb in any way. This application can be filled out via the City of Kitchener website. Region of Waterloo Comments: There are no conditions for this application. However, the owners are advised that any noise -sensitive development on the subject lands may have impacts from environmental noise from transportation noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. Page 11 of 221 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2023-392 ATTACHMENTS: Attachment A — Site Plan Attachment B — Grading Plan Page 12 of 221 Attachment A — Site Plan Page 13 of 221 Attachment B — Grading Plan C'4 Page 14 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: September 19, 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 6, 2023 REPORT NO.: DSD -2023-392 SUBJECT: Minor Variance Application A2023-111 —15 Catalina Court RECOMMENDATION: That Minor Variance Application A2023-111 for 15 Catalina Court requesting relief from the following sections of Zoning By-law 2019-051; i) Section 4.12.2 e) to permit a lot width of 11.9 metres instead of the minimum required 13.1 metres; and ii) Section 5.3.3 a) ii) to permit three (3) parking spaces to be located within 6.0 metres of a street line instead of the maximum permitted one (1) parking space within 6.0 metres of a street line; to facilitate the construction of an Additional Dwelling Unit (Detached) in the rear yard of the property and an Additional Dwelling Unit (Attached) in the basement of the existing semi-detached dwelling unit, generally in accordance with drawings prepared by Rob Sajkunovic, dated August 16, 2023, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for minor variances to facilitate the development of an additional two (2) dwelling units on the subject property. • The key finding of this report is that the requested minor variances satisfy the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 15 of 221 BACKGROUND: The subject property is located on Catalina Court, near its intersection with Monte Carlo Street. The existing use of the property is a semi-detached dwelling unit. Figure A — Location of Subject Property Figure B — Location of Proposed ADU (Detached) Page 16 of 221 Figure C - Location of Proposed Driveway 15 Catalina Crt - Proposed Curb Cut / Driveway Widening *ZONING DRAWING ONLY - NOT A PERMIT located in this area Driveway must be at least 2.4m from boulevard tree N 3_ CD Legend Existing Proposed Jim from lamp post Exist Do not scale image.; measurements are approximate and based on City of Kitchener OnPoint Mapping Applicant: Karthik Bonthu Phone: 226-240-2502 Email: karthik@insideview.ca Billing Address: 15 Catalina Crt, Kitchener, ON N2M 51_9 Lot Width: 11.9m Existing Driveway Width: Om NOTLi Er:ire driveway to be one consistent surface material. L No off-site (City property) work is allowed before permit is issued by Engineering. 3. Driveway must be at Least 2.4m from boulevard tree. is proposing a 2.6 y in order to work obstacles required to be at i in length K[TC HENEFe Proposed Driveway Width: 2.6m Proposed Curb Cut Width: 3.6m Figure D — Curb Cutting/Driveway Widening Drawing For Permit Page 17 of 221 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low -Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low -Rise Residential Five Zone (RES -5)' in Zoning By-law 85-1 or 2019-051. The purpose of the application is to facilitate the development of two (2) additional dwelling units on the subject property through the construction of an Additional Dwelling Unit (Attached) in the basement of the existing semi-detached dwelling unit and an Additional Dwelling Unit (Detached) in the rear yard of the subject property, as shown in `Attachment A'. The requested relief from the Zoning By-law is necessary to permit the ADU (Detached) on a lot with a width of 11.9 metres. To facilitate the three (3) dwelling unit use of the property, two (2) of the three (3) required parking spaces will be located in the existing driveway in the exterior side yard of the property. One (1) of the three (3) required parking spaces will be located in a new driveway in the front yard of the property. The location of the three (3) parking spaces is shown in `Attachment A'. A drawing submitted as a part of the driveway widening/curb cutting application has been included with this report as Figure `D'. The requested relief from the Zoning By-law is necessary to locate three (3) required parking spaces on the subject property within 6 metres of the street (property) line. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' on Map 3 of the Official Plan. This designation permits a full range of low density housing types including semi-detached dwelling units, 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. Staff is of the opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Minimum Lot Width for Additional Dwelling Unit (Detached): The intent of Section 4.12.3 k) of Zoning By-law 2019-051 which requires a minimum lot width of 13.1 metres to permit an ADU (Detached) is to ensure there is adequate space on the lot to accommodate the size of an ADU (Detached), required parking and a sufficient amenity area for use by the residents of the dwelling units. The proposed ADU (Detached) Page 18 of 221 is able to locate within the rear yard of the property while preserving the existing driveway and a portion of the landscaped area. The proposed ADU (Attached) will be located within the existing semi-detached dwelling unit. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Parking Spaces within 6.0 metres of a Street Line: The intent of Section 5.3.3 a) ii) of Zoning By-law 2019-051 which permits a maximum of one (1) parking space within 6.0 metres of a street line for a property having 3 dwelling units is to ensure that the front and exterior yards of properties do not primarily function as parking areas. Two of the three required parking spaces will be located in the existing driveway in the exterior side yard and will be set back 0.3 metres from the street line. One of the three parking spaces will be located in a new driveway in the front yard and will be set back 0 metres from the street line. A Curb Cut Permit has already been issued for this new driveway. The exterior side yard of the property will still provide greater than the minimum required 20% landscaped area. 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 requested variances are minor. The proposed ADU (Detached) will not impact the neighbouring properties. The potential issue of overlook is mitigated by the building design which does not feature any windows on the wall adjacent to the neighbouring property. The boulevard and existing street trees provide a visual barrier between the parking spaces and the street. Accordingly, the effects of the variances will 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 variances are desirable and appropriate for the use of the land as it will facilitate the development of 3 dwelling units on the subject property, supporting a gentle intensification of the property, will make use of existing infrastructure, and support the City's Housing Pledge. Environmental Planning Comments: No natural heritage concerns. The neighbour's tree (root zone) is close to the ADU construction but should be far enough away to prevent damage, therefore there are no concerns. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance. An application has been made for the detached additional dwelling unit. Engineering Division Comments: Advisory comment: it is City policy for only 1 set of services per property. Parks/Operations Division Comments: Comments revised to indicate no concerns. Page 19 of 221 Transportation Planning Comments: Transportation Services can support the proposed application to permit three (3) parking spaces to be located within 6 metres of the property line as the proposal includes an updated driveway that can accommodate the proposed number of vehicles. NOTE: The homeowner is responsible for obtaining an approved Curb Cut Permit from the City of Kitchener before modifying the curb in any way. This application can be filled out via the City of Kitchener website. Region of Waterloo Comments: There are no conditions for this application. However, the owners are advised that any noise -sensitive development on the subject lands may have impacts from environmental noise from transportation noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Site Plan Page 20 of 221 Attachment A — Site Plan Page 21 of 221 Region of Waterloo August 29, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting September 19, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 104 — 254 Westwood Drive — There are no conditions for this application. However, the applicants are advised that any residential dwellings (existing and proposed) on the subject lands would have environmental noise from the CN Railway mainline within 200 metres of the subject property (approximately 95m). The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. 2) A 2023 - 105 — 120 Rossford Crescent — There are no conditions for this application. However, the applicants are advised that any residential dwellings (Existing and proposed) on the subject lands would have environmental noise and rail vibration impacts from the CN Railway mainline adjoining the subject property being located within 45m of the railway vibration influence zone as per railway proximity guidelines). The applicants are responsible for ensuring that the subject development does not have any environmental noise/vibration impacts. Document Number: 4468243 Page 1 of 3 Page 22 of 221 3) A 2023 - 106 — 279 Sheldon Avenue North — No Concerns 4) A 2023 - 107 — 239 Rosebank Place — No Concerns. 5) A 2023 - 108 — 540 Frederick Street — No Concerns. 6) A 2023 — 109 — 27 Roy Street — No Concerns. 7) A 2023 - 110 — 148 Chandos Drive — No Concerns. 8) A 2023 - 111 — 15 Catalina Court — There are no conditions for this application. However, the owners are advised that any noise -sensitive development on the subject lands may have impacts from environmental noise from transportation noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. 9) A 2023 - 112 — 103 Peter Street — There are no conditions for this application. However, the owners are advised that any noise -sensitive development on the subject lands may have impacts from environmental noise from transportation noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. 10) A 2023 — 113 — 9 Siebert Avenue — No Concerns. 11) A 2023 - 114 — 78 Weber Street West — There are no conditions for this application. However, the staff notes as below: a) The owners are advised that any noise -sensitive development on the subject lands may have impacts from environmental noise from transportation noise from traffic on Weber Street East (RR #08) and any potential stationary noise in the vicinity. The applicants are responsible for ensuring that the subject development does not have any environmental noise impacts. b) Under any future development application, a dedicated road widening (approximately 3.82m) will be required to comply with ROP Designated road width (currently 26.213m) for Weber Street West (RR #08). Under such future conditions, the existing/proposed building would be encroaching into the Regional road right-of-way. The applicants must use their due diligence so as to have minimum impacts to the subject's existing/proposed development at such times in future. c) An encroachment agreement may be required under any future development application stage. 12) A 2023 — 115 — 275 Lawrence Avenue — No Concerns. 2 Page 23 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 24 of 221 August 31, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting — September 19, 2023 Applications for Minor Variance A 2023-104 254 Westwood Drive A 2023-105 120 Rossford Crescent A 2023-106 279 Sheldon Avenue North A 2023-107 239 Rosebank Place A 2023-108 540 Frederick Street A 2023-109 27 Roy Street A 2023-110 148 Chandos Drive A 2023-111 15 Catalina Court A 2023-112 103 Peter Street A 2023-114 78 Weber Street West A 2023-115 275 Lawrence Avenue Application for Consent B 2023-035 100 St. George Street via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherremana-q rand river. ca or 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 25 of 221 From: Johnston. Jeremiah (MTO) To: Committee of Adjustment (SM); Alison Fox Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting Date: Friday, August 25, 2023 12:00:23 PM Attachments: imaoe001.pno imaae002.pna imaoe001ono imaae004.pna imaoe005.pno imaae006.pna imaoe007.ono imaae008.pna imaoe009.pno You don't often get email from jeremiahjohnston@ontario.ca. Learn why this is important Hello Allison, MTO has no requirement for any of the applications scheduled for the Sept. 19th meeting. Thank you, Jeremiah Johnston Corridor Management Planner Corridor Management Section Ministry of Transportation Operations Branch West 659 Exeter Road, London, ON N6E 11-3 M: (226)-980-6407 From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: August 25, 2023 11:46 AM Subject: ACTION REQUIRED - Committee of Adjustment Application Review - September 19, 2023 Meeting CAUTION -- EXTERNAL E-MAIL - Do not click links or open attachments unless you recognize the sender. Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, September 19, 2023, have been loaded and circulated through Sharefile. You should have already received the necessary link. If you wish to make comments, provide advice, or request the imposition of any conditions on any of these applications, please provide the Committee with a written report. Please note: If you have comments, your written report must now be sent to CofA&kitchener.ca no later than 12 noon on Friday, September 1, 2023. If you have no comments for the Committee's consideration, you do not need to Page 26 of 221 respond to this email. Best, Alison Fox (she/her) Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 cofa(i kitchener.ca f�W!&�UUU! Page 27 of 221 From: To: Committee of Adiustment (SM) Subject: 15 Catalina Court permit request. Date: Monday, September 18, 2023 9:38:58 AM Good Morning I am writing to encourage the City of Kitchener NOT to allow the permit requested by the owner of the rooming house at 15 Catalina Court in Kitchener. This property is already a problem to many of the neighbours. The yard is always unkept to the point that complaints have be filed regarding clean up and cutting of grass each year. Please check your files for the complaints that have been filed in the last few years. The tenants do things that are unacceptable to my neighbours and myself. ie clean out their car and throw the garbage in the lawn so it will blow away or be picked up by us when it ends up on the road, barking dog at all hours and allowed to run free without leash, late night parties. Too add more people on that property would be just added anxiety for myself and the great families that live on our street. I have owned my home at for 34 years and never had any problems with disrespectful neighbours until now. There are MANY people living there, probably more than there should be. If the owner of this property is allowed to expand it will make things so much worse for us on this street and in this neighbourhood. I fear that if this permit is issued I will have to sell my house as it is already overwhelming for me and I can't imagine more people across the street from me. There is a neighbour of mine whom I rely on for some help as I am a senior and I have spoken to him and he will not stay if this goes through. Also, I am assuming this would affect our property values. Thank you for your attention in this matter. Margo Kleehaas Page 28 of 221 Public Copy From: To: Committee of Adiustment (SM) Subject: Permit application for 15 Catalina Court, Kitchener Date: Tuesday, September 19, 2023 8:29:48 AM You don't often get email from To the City of Kitchener, Council of Chambers Re: permit application for 15 Catalina Court, Kitchener To whom it may concern, My name is Michael Donis and I live at , across the street from 15 Catalina Court. While I have never complained about the occupants of 15 Catalina Court in the past, I now feel I should have. Regardless, I do believe there are numerous complaints already on file from my surrounding neighbours pertaining to noise and poorly maintained property. They also have a golden Labrador retriever that lately they have been letting loose into the neighbourhood to defecate in other people's yards. I can't say for certain how many people are currently living at 15 Catalina Court but I'd have to say from 8 to 10 people come and go on a regular basis there. And that is in the semi-detached house. I believe adding more people to a second dwelling in the rear yard will be exacerbating the problem our neighbourhood faces from the current occupants. I would find it disappointing and irresponsible if the permits for 15 Catalina Court are passed today. Thanks for your time... Respectfully, Michael Donis Page 29 of 221 Page 30 of 221 Public Copy A 2023-111 - 15 Catalina Court From: To: Committee of Adiustment (SM) Subject: A 2023-111-15 Catalina Court Date: Monday, September 18, 2023 10:14:04 PM IYou don't often get email from Hello, I am not in favour of the requested variances for a duplex dwelling or an additional detached dwelling unit in the rear yard at 15 Catalina Court. Please feel free to contact me if you have any questions. Eric Nafziger Thank you Page 31 of 221 Public Copy - A 2023-111 - 15 Catalina Court From: To: Committee of Adiustment (SM) Subject: A 2023-111-15 Catalina Court Date: Monday, September 18, 2023 10:13:54 PM You don't often get email from Hello, I am not in favour of the requested variances for a duplex dwelling or an additional detached dwelling unit in the rear yard at 15 Catalina Court. Please feel free to contact me. Megan Nafziger Thank you Page 32 of 221 ciqTfi411M CO Ll k7 - T JT I D Aj 7o Afra� PrNIMMA) /$(-�0,23-0 I To P� CAj-)qLIIVA C-Pvj- R06 AIRIFECO Tyolk JVD -wtO IV j4c rm I' S"c3--O-")-jj MP n �Oz; t) (r Fri. (I We I Cyr 096 of CIAO) a 7 17 -Spf-v-1 d) -7 Page 33 of 221 l< I vy(is f) I L-A 4" A, �--U I L Page 34 of 221 dc fir) (-an S P LA Dc—, vc.,w m(;k, I-- k: � o K w k ki=p , Page 35 of 221 iK� f" i 0 r'C� ear(:' �,�C�vto Page 36 of 221 REMENTS OF 09M L!nlR CRT �1T(fkjCAIEJ? 0AI-I RPO SEI) To fiPPLJ Cfi i ldn( fid a 2 3 11) F6K /5' CfiT11 LlN1q C��T Xffel- tNEq Ol/7- A/E UFEt�) Page 37 of 221 IVIAN �ez- JOV/ A,MSA m I C) LA m / s D blA Page 38 of 221 Z* ,,J 0�/ , o 'le Page 39 of 221 Page 40 of 221 ml Page 41 of 221 �4�A1�14B4Tty)6 Time BUT 9161dE0 14E 07 F PEfITIOW ©d SWEPT 17 2oiz3 Lv i TH PklOAIE 1'gry7pER. jg1vD AIA7 3L Page 42 of 221 (j4RV jLRSLF ftT "T41S iirYIF 9.u1 V6AIrlJ NF OTIIER PETIITIOr AI SEFT r7 o?O�7,3. WITH s1GA1# URE. Page 43 of 221 FETITIQW Od SEPT 17 c2023 WITH SIGIVRTUAE Page 44 of 221 k[ -S 16Fn��s �F /YIaNT� Ch�R�a S7 1,07CiYEVa OA rl i'PasCD i0 �PP�rC rla✓ ff�a?3 -Ali rog l � Cl�TfILlN� CR i . �1 ��IEN,�l2 vnjT' PETITIM Od 96 -PT t7 do 3 WiDq S'1C (19TURE Page 45 of 221 From: To: Date: W..r", 2023 10:40:06 AM Attachments: IMG 4144.PNG 9:31 .1 V 377 15 Catalina Court Below are a history of bylaw complaints/issues we've received at the property: GW = Grass and Weeds LM = Lot Maintenance (garbage, recycling, waste at property) May 2018—GW June 2018 — LM Sept 2018—LM June 2019 — GW June 2029 — LM July 2020 - G Aug 2020 — fence in disrepair Jan 2022 — property standards, interior issues May 2022 — LM Page 46 of 221 July 2023 — LIVI Oct 2023 - LIVI Regarding the applications for duplexing etc, minor variance, I don't have any input or Knowledge about the process, as that is dealt with by our Planning Department, as you've been in touch with. Mike Niederer Municipal Law Enforcement Officer I Community Services I City of Kitchener 519-741-2200 extension 7756 1 TTY 1-856-969-9994 mike. niederer@ kitchener.ca Sent from my iPhone Page 47 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2023 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Katie Anderl, Project Manager - Planning, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: November 8, 2023 REPORT NO.: DSD -2023-497 SUBJECT: Minor Variance Application A2023-125 — 787-851 King Street East, 432 Charles Street East, 5 Stirling Avenue South Zoning By-law 85-1 That Minor Variance Application A2023-125 for 787-851 King Street East, 432 Charles Street East, and 5 Stirling Avenue South requesting relief from the following sections of Zoning By-law 85-1: i) Section 6.1.2 a) to permit a residential parking rate of 0.64 parking spaces per dwelling unit, instead of the minimum required 1.0 parking space per dwelling unit, for units greater than 51 square metres in area, and 0.165 parking spaces per dwelling unit for dwelling units less than 51 square metres in area; ii) Section 6.1.2 a) to permit a retail parking rate of 1 parking space per 35 square metres of gross floor area instead of the minimum required 1 parking space per 20 square metres of gross floor area; iii) Section 6.1.2 b) vi) to permit visitor parking to be provided at a rate of 8% of required parking instead of the minimum 20% of required parking for multiple dwellings, containing 6 dwelling units or more within the area bounded by the Conestoga Parkway, Homer Watson Boulevard/Shoemaker Greenway/Belmont Avenue and the northerly boundary of the City of Kitchener; iv) Section 6.1.1.2 d) to permit up to 10% of angle parking spaces to have a minimum width of 2.4 metres and a minimum length of 4.8 metres, and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles, instead of the minimum width of 2.6 metres and a minimum length of 5.5 metres; v) Section 55.2.1 to permit a horizontal distance of 13 metres from the east building corner on the Charles Street fagade with no display windows or entrances, instead of 4 metres; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 48 of 221 vi) Section 5.3 to permit obstructions within the Driveway Visibility Triangle (DVT), where no obstructions are permitted; vii) Special Regulation Provision 535R (b) to permit a building having a height greater than 0.9 metres within the area defined by Property Detail Schedule 31, whereas no building having a height greater than 0.9 metres is permitted; and viii)Section 5.18 i) to locate a Day Care Facility on lands affected by Special Regulation Provision 1R (regulatory floodplain) where the day care facility is located on the second floor, whereas a Day Care Facility is not a permitted use; to facilitate the development of a mixed-use building in accordance with Site Plan Application SP23/012/K/KA, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the construction of a mixed-use building. • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included notice signs being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located at 787-851 King Street East, 432 Charles Street East and 5 Stirling Avenue South as shown on Figure 1: Location Map. The owner has proposed a mixed use development containing 932 residential units in two towers having heights of 33 and 37 storeys near Charles Street East, two buildings containing stacked townhouses fronting King Street East, and three commercial/non-residential units in the Charles Street East podium, having a combined total 1836 square metres of GFA. The proposed site plan has received conditional site plan approval, subject to approval of the requested minor variances. The subject property is identified as `Major Transit Station Area" on Map 2 — Urban Structure in the City's 2014 Official Plan and is designated `Mixed Use Corridor' on Map 10 — King Street East Neighbourhood Plan for Land Use in the City's 1994 Official Plan. The property is zoned `High Intensity Mixed Use Corridor Zone (MU -3) in Zoning By-law 85-1. Special Regulation Provisions 1 R, 534R, 535R, 545R apply to certain portions of the lands. The proposed development has been considered by the Site Plan Review Committee and Conditional Red Line Site Plan Approval was granted in June 2023 and full Conditional Approval in November 2023, subject to conditions including approval of the requested variances. The proposed minor variances seek to permit a reduced parking rate for residential, retail and visitors, to permit compact car parking spaces, to permit obstructions in DVT's, to permit a building within the area defined by Property Detail Schedule 31, to permit a day care to be located on the second floor of lands impacted by the regulatory Page 49 of 221 flood plain and to permit an area 13 metres from the east corner of the Charles Street facade to have no display windows or entrances. Figure 1: Location Map Page 50 of 221 M + T 1 gy, � 0-5-5 M 40 Figure 3: Preliminary Rendering of Charles St E Elevation Figure 4: Preliminary Rendering of King St E Elevation Page 51 of 221 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject lands are designated `Mixed Use Corridor' in the King Street East Neighbourhood Secondary Plan for Land Use under the 1994 Official Plan (OP). Mixed Use Corridors are intended to support a mix of uses and to intensify overtime. Development should be compatible with and of an appropriate height and density in relation to nearby low rise residential neighbourhoods. A maximum Floor Space Ratio of 5.0 is permitted, when a grocery store is included and the proposal complies with the policies and by-law in this regard. The subject lands are also located in a Major Transit Station Area (MTSA) in the 2014 OP. MTSA's provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels. Developments within MTSA's provide connectivity of various modes of transportation to the transit system and have streetscapes and a built form that is pedestrian -friendly and transit oriented. The requested variances support a high-density mixed use development that will provide for housing and growth in an MTSA. Variances 1 to 5: Variances 1 to 5 all relate to the provision of parking and parking garage design. The applicant is requesting a reduction to parking, a variance to include compact parking spaces, and a variance for a 13 metre section of the garage fagade without windows or entrances at the east corner of the Charles St frontage. OP Policy 4.C.1.8 requires that when minor variances are requested to facilitate residential intensification or redevelopment, the variances will be reviewed to ensure that the lands can function appropriately and not create unacceptable adverse impacts by providing an appropriate number of parking spaces and appropriate landscape/amenity areas. The general intent of OP policies is to permit development that will support intensification at a density and with a mix of uses that are transit supportive and provide housing, while also providing for an appropriate transition to nearby stable neighbourhoods, and to provide parking at a rate which is appropriate. Staff is of the opinion that the proposed variances, support a development that maintains the general intent of Official Plan policies. The buildings are well separated from low-rise residential uses and have been designed to transition and step down towards the neighbourhood north of King Street East. Parking is located below grade and as discussed in detail in the Zoning By-law discussion the proposed parking rates represent a modest reduction. Staff is of the opinion that given the close proximity of transit (including ION and bus transit), the proposed parking rates are appropriate, that it is an efficient use of space to permit parking for compact vehicles, and that appropriate mitigation can be provided to screen the section of blank wall along Charles Street East. Staff is of the opinion that the intent of the Official Plan is maintained. Page 52 of 221 Variances 6 and 7: Variances 6 and 7 relate to obstructions to visibility for motorists. The intent of Official Plan policies for mixed use areas is to allow buildings to be located close to the street line in order to activate the public realm, slow traffic and create a defined street edge. As is further discussed in the sections that follow, the requested obstruction in the DVT's and variance to permit a building within the sightlines as provided in the property detail schedule are no longer relevant to the site with the shift to a high-intensity mixed use area, and redevelopment of the roadway. New Zoning By-law 2019-051 does not require DVT's in areas with a Mixed Use zoning, and the sightlines have been evaluated and revised through a site specific study based on the current development proposal and roadway configuration. Staff is of the opinion that safety is not compromised as a result of the variances, and therefore the general intent of the Official Plan is maintained. Variance 8: The intent of Public Health and Safety Policies contained in section 6 of the Official Plan is to prevent injury and to control development of hazardous lands. These policies translate into zoning by-law regulations which limit sensitive uses (day care) where there is a flooding hazard. The subject lands are impacted by the floodplain of Schneider Creek, Special Regulation 1 R is applied to the entirety of all parcels of land (in Zoning By-law 85- 1) which are impacted by a flooding hazard, notwithstanding the extent of the flooding hazard on the site. General Regulation 5.18 further restricts permitted uses within the floodplain, and variances are being sought to this regulation. Official Plan Policy 6.C.2.5 permits development within the flood fringe, however policy 6.C.2.6 prohibits certain sensitive uses (including a day care) where there is a threat to safe evacuation during a flooding emergency. The Regional floodline only affects the very most south-easterly part of the property and the GRCA will require certain floodproofing measures though the site and building design. Further, the proposed day care use is located on the King Street East elevation, which is the second storey above Charles Street East. The second storey is accessed via a separate driveway from King Street East, which is approximately 5 metres above the flooding hazard, and safe access for evacuation is available at this elevation. The Grand River Conservation Authority is satisfied that the sensitive use will not be impacted by the flooding hazard and is supportive of the proposed minor variance to Regulation 5.18. Staff is of the opinion that subject to the daycare being located on the King Street East elevation, the intent of the Official Plan is maintained. General Intent of the Zoning By-law: The intent of parking regulations is to provide an appropriate amount of parking for proposed uses. The Conditionally Approved Site Plan provides for a total of 651 parking spaces: 610 parking spaces for residential parking (including 51 visitor parking spaces), and 41 parking spaces provided for commercial/retail use. Variance 1 proposes a residential parking rate of 0.64 parking spaces per dwelling unit, rather than 1.0 parking space per dwelling unit for dwelling units greater than 51 square metres in size and 0.165 parking spaces per dwelling unit for dwelling units less than 51 square metres in size. The City of Kitchener Zoning By-law 85-1 permits a parking rate of 0.165 parking spaces/dwelling unit for small residential units with an area less than 51 square metres. This rate may be applied to a maximum of 40% of the proposed units within the Page 53 of 221 development. A rate of 1 parking space per dwelling unit would be applied to the remaining units. The development proposes a total of 372 dwelling units with an area less than 51 square metres (62 parking spaces) and 560 dwelling units greater than 51 square metres in area (560 parking spaces) — this represents a ratio 0.667 parking spaces/dwelling unit (622 ps / 932 u). The proposed parking rate of 0.64 represents a very small reduction to the overall amount of parking, however, provides flexibility should the size of units change, or if there is a small change to the overall number of units as the project proceeds through detailed design (staff note that such changes would require a minor change to the approved site plan as well.) Variance 2 proposes a retail parking rate of 1 parking space per 35 square metres of gross floor area rather than 1 parking space per 20 square metres of gross floor area. Staff note that in Zoning By-law 85-1 the parking rates for non-residential uses are permitted to be reduced by 30% for uses within a MU -3 zone. This would continue to apply to the proposed rate of 1 parking space per 35 square metres of gross floor area. Variance 3 proposes that 8% of required residential spaces to be reserved for visitors rather than 20%. With respect to Variances 2 and 3, Zoning By-law 2019-051 contemplates parking reductions for mixed use buildings containing commercial units together with dwelling units (and having both a visitor and commercial parking requirement). In such circumstances visitor parking is not required, and parking spaces may be shared between uses. By-law 2019-051 requires 1 parking space per 40 square metres of commercial space (1835/40 = 46) and no visitor parking. The applicant is proposing a commercial ratio which will provide for 38 parking spaces for commercial uses, and 48 visitor parking spaces (86 visitor parking and commercial parking spaces combined). This is substantially more than would be required if Zoning By-law 2019-051 was applied. A Traffic Impact Study (TIS) was completed by TYLin in support of the Site Plan application and revised August 2023 and has been reviewed by Transportation Services staff. The study concluded that the proposed parking is sufficient and that Transportation Demand Measures (TDM) measures include indoor bicycle parking, car share, unbundled parking, TDM promotion, provision of educational materials about transit options and provision of pre -loaded GRT passes. The reduction in parking is supported by the availability of existing transit, with a Rapid Transit Stop (Borden Station) located within 100 metres of the subject lands, the provision of bicycle parking with a total of 464 secure Class `A' and 38 Class `B' spaces provided, proximity to both on -street and off-street cycling options, and a future micro -mobility (currently Neuron e-bikes/e-scooters) station identified on King Street East. Staff is of the opinion that the proposed change in the approach to the parking calculation and reductions are supportable, and maintain the general intent of the current by-law and future by-law. Transportation Services staff have reviewed the Traffic Impact Study and Parking Justification and as noted in their comments they have no concerns with the proposed variances. Staff further note that the subject site is contemplated to be brought into Zoning By-law 2019-051 in the coming months through the Growing Together Project. The Growing Together Project contemplates introducing a new zoning category in MTSA's: Strategic Page 54 of 221 Growth Areas (SGA). The subject lands are proposed to be rezoned to SGA -4 zone which would include no minimum parking requirement due to the proximity to transit, cycling, and other modes of transportation being readily available. Based on the foregoing, staff is of the opinion that the proposed parking reduction meets the intent of the by-law, which is to provide an appropriate amount of parking for the proposed uses. Variance 4 proposes to permit up to 10% of parking stalls to have a minimum width of 2.4 metres and a minimum length of 4.8 metres. The intent of zoning by-law regulations which require a minimum parking stall size is to ensure that the largest personal vehicle can be accommodated in any parking space. Contemporary zoning by-law regulations often allow a certain percentage of parking stalls to have reduced dimensions which will only accommodate compact vehicles. Such regulations are included in the new Zoning By-law 2019-051, where up to 10% of spaces may be 2.4 metres wide and 4.8 metres long. Such spaces make efficient use of space in parking garages and other settings where space is limited, while also supporting drivers who choose to drive smaller vehicles. Planning and Transportation Services staff is of the opinion that it is appropriate to permit a proportion of spaces to be compact, provided such spaces are signed to advise drivers that they are for compact vehicles only. This is a requirement in Zoning By-law 2019-051. Based on the foregoing staff is of the opinion that the general intent of the by-law in maintained. Variance 5 proposed to permit a horizontal distance of 13 metres from the east building corner on the Charles St fagade with no entrances or display windows. Regulations of the `MU -3' Zone typically require display windows or entrances every 4 metres along a fagade. The intent of this regulation is to promote active uses along the street to improve the pedestrian experience and enhance the streetscape. The subject lands have more than 150 metres frontage along Charles Street East and the majority of the building's fagade contains glazing/windows and entrances. The subject area is proposed to be recessed from the street and through the detailed site design, the applicant will include an architectural fagade treatment to improve the elevation. Staff is of the opinion that the intent of the by-law is maintained. Variance 6 proposes to permit obstructions within the driveway visibility triangles. The purpose of a driveway visibility triangle is to preserve visibility of oncoming traffic and pedestrians for drivers exiting driveways. Zoning By-law 85-1 requires a 4.57 x 4.57 metre DVT at all driveways in all zones except certain downtown zones. Staff note that new Zoning By-law 2019-051 recognizes the planned intensity and desire to locate buildings near the street in Mixed Use Zones is similar to that of a downtown and does not require that driveway visibility triangles are provided in mixed use areas in order to facilitate positive streetscape design — this is not included in Zoning By-law 85-1. Transportation staff have reviewed the site design and have no concerns with the proposed variance. Further, staff note that a road widening is required along Charles Street East and the sidewalk is setback beyond the future road widening, increasing the separation between the parking garage access and the sidewalk and edge of pavement preserving the view of pedestrian, cyclist and vehicular traffic. Staff is of the opinion that the intent of the by-law is maintained. Page 55 of 221 Variance 7 proposes to permit a building within the area defined by Property Detail Schedule 31.The purpose of this regulation is to preserve the sightlines of vehicles on Charles Street East and were developed as a result of a development proposal in 2007 that did not proceed. Since the time of the previous application Charles Street East has undergone significant changes with the introduction of the centre running ION, reducing in the number of travel lanes from 4 lanes (2 eastbound and 2 westbound) pre -ION, to 1 one- way lane of west bound traffic adjacent to the site today. The previous regulations protected for a 175 metre visibility distance in both directions based on the roadway design and speeds at that time. The applicant has worked with Regional staff to update the requirements for the sightlines required to achieve safe access based on the new roadway design and design speeds. The visibility distance has been reduced to 110 metres, and only extends to the east, in the direction traffic approaches. Therefore, the angle of the sightline (and where it intersects with the road) has changed and this is shown on the site plan. Buildings are setback to protect the updated sightlines and as indicated on the site plan, and there are no obstructions to visibility permitted between the 110 metre sightline and Charles Street East. The Region is satisfied with this solution, and staff is of the opinion that the intent of the by-law is maintained. Variance 8 proposes to permit a daycare facility on lands affected by the regulatory floodplain where the daycare is located on the second floor. Zoning By-law regulation 5.18 does not permit a day care facility located on lands identified with Special Regulation 1 R which indicates the lands are regulated by the Grand River Conservation Authority. Regulation 1 R is applied to the entirety of the lands despite the fact the Regulatory flood line only encroaches a small distance past the southern lot line. As outlined in the discussion related to the OP policy, the intent of regulation 5.18 is to ensure that there is a safe and dry evacuation route for the sensitive use in the case of a flooding emergency. The subject site is affected by a substantial grade change between King Street East (approximately elevation of 325 mast) and Charles Street East (approximate elevation of 320 masl). The proposed day care use is proposed to be located at the King Street East elevation, which is the second storey above Charles Street East and safe evacuation can be provided to King Street East in a flooding emergency. The GRCA has indicated that they are supportive of the proposed variance, and based on the foregoing, staff is of the opinion that the intent of the by-law is maintained. Are the Effects of the Variances Minor? Staff is of the opinion that the effects of the variances are minor. The proposed parking rate continues to provide for an appropriate amount of resident, visitor and commercial parking given the excellent access to other modes of transportation including ION, bus transit, cycling networks and micro -mobility network and is consistent with future by-law direction. Inclusion of compact parking stalls provides for efficient use of space within the parking structure and supports drivers with smaller vehicles. The proposed increase to permit 13 metres with no openings is mitigated by the proposed fagade treatment. Transportation Services staff are of the opinion that the obstruction in the DVT will not be a safety concern and is consistent with the future by-law direction. Regional staff are supportive of the updated sightlines protecting visibility of oncoming traffic on the Regional Road. The location of the day care use on the King Street elevation provides for safe evacuation during a flooding emergency and is supported by the GRCA. Page 56 of 221 Are the Variances Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances will permit a high-rise, high-density mixed use development with 932 residential units. The development is located in an MTSA and in close proximity to ION rapid transit and several bus routes. The site is conveniently located to the cycling and micro -mobility network, and in a pedestrian friendly area. The proposed development provides for a development that is appropriate in a MTSA and will contribute the City's Housing Pledge. Staff is of the opinion that the variances are desirable for the appropriate development and use of the lands. Environmental Planning Comments: No concerns. Heritage Planning Comments: The subject properties municipally addressed as 787-851 King Street East, 432 Charles Street East, and 5 Stirling Avenue South do not hold any heritage status under the Ontario Heritage Act. However, the subject property is located adjacent to a Part IV designated property, First Mennonite Church Cemetery, which is municipally addressed as 800 King Street East. It is also located adjacent to the Central Frederick Neighborhood Cultural Heritage Landscape (CHL), First Mennonite Church Cemetery CHL, and the Iron Horse Trail CHL as per the 2014 CHL Study, prepared by The Landplan Collaborative Ltd. and approved by Council in 2015. There are no heritage concerns with the requested variances for reduced parking requirements, encroachments into the Driveway Visibility Triangle, or the variation to fagade opening requirements. Building Division Comments: The Building Division has no objections to the proposed variances. Engineering Division Comments: No concerns. Engineering comments/conditions provided through Site Plan Application SP23/035/S/KA. Parks/Operations Division Comments: No Concerns. Parks and Cemeteries requirements will be addressed through Site Plan Application SP23/035/K/KA. Transportation Planning Comments: Transportation Services staff have worked with the applicant closely on this proposed development and through the proposed site plan and the provided parking justification, staff can support the following proposed minor variances: Requesting relief from Section 6.1.2.a) of Zoning By-law 85-1 to permit an overall residential parking rate of 0.64 spaces per unit inclusive of visitor parking, rather than the required 1.0 space per unit for units greater than 51 square metres, and 0.165 spaces/unit for units less than 51 square metres; Requesting relief from Section 6.1.2 b) vi) of Zoning By-law 85-1 to permit visitor parking to be provided at a rate of 8% of required residential parking spaces, rather than the required rate of 20% of the required parking spaces; Requesting relief from Section 6.1.2.a) of Zoning By-law 85-1 to permit a commercial parking rate of 1 space per 35 metres squared, rather than the required 1 space per 20 Page 57 of 221 metres squared. It is requested that the 30 % reduction for the MU -3 zone be maintained; Requesting relief from Section 5.3 of Zoning By-law 85-1 to permit encroachment into the Driveway Visibility Triangle, whereas no encroachments are permitted. This request reflects the provisions of the new Zoning By-law 2019-051 where a Driveway Visibility Triangle is not required for Mixed Use Zones. Requesting relief from Section 6.1.1.2 d) of Zoning By-law 85-1 to permit up to 10% of angle parking spaces have a minimum width of 2.4 metres and a minimum length of 4.8 metres rather than a minimum width of 2.6 metres and a minimum length of 5.5 metres. Region of Waterloo Comments: Regional Comments (dated October 31, 2023) indicate that they have no concerns with the proposed variances provided the areas between the 110 metre sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly. Planning Staff confirm that this notation is included on the Conditionally Approved Site Plan. The Region further advises that a sensitive day care use will need to be evaluated through any future noise study that may be required. Grand River Conservation Authority: The GRCA has no concerns with the application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • King Street East Secondary Plan (1994) • Official Plan (2014) • Zoning By-law 85-1 Page 58 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 59 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 60 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 61 of 221 October 30, 2023 Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofA(a)kitchener.ca Re: Minor Variance Application A2023-125 787-851 King Street East, 432 Charles Street East & 5 Stirling Avenue South Kitchener Stirling Developments / Kitchener Charles Developments The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a mixed use development. Recommendation The GRCA has no concerns with the application. Details around floodproofing have been requested as a condition of site plan approval. Documents Reviewed by Staff Staff have reviewed the architectural plans (Kirkor, revised October 5, 2023) submitted with this application. We also reviewed a topographical survey (Van Harten, revised April 3, 2023) and site grading plan (WalterFedy, revised March 24, 2023) submitted with the related site plan application (SP23-035-S-KA). GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 62 of 221 The south edge of 432 Charles Street East is affected by the Schneider Creek floodplain. This is in the flood fringe of a Two -Zone Floodplain Policy Area, which permits development subject to provincial, City and GRCA policy. We understand part of the application is requesting relief from sightlines and daylight visibility triangles, as well as permission for a daycare use within lands affected by Special Regulation 1R. Provincial, City and GRCA policy require residential buildings to be floodproofed, and sensitive institutional uses such as a daycare to be located outside of natural hazards. GRCA is satisfied that the applicant can meet these requirements in principle, but more detail has been requested as a condition of site plan approval. We believe this is sufficient to ensure the natural hazards policies applicable to the development are met. We received fees for our review of the site plan, and no further fees are required. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a)grand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping September 15, 2023 GRCA Letter re: Site Plan Application SP23-035-S-KA cc: Dave Aston, MHBC Melissa Visser, MHBC Page 2 of 2 Page 63 of 221 c N U) Z H 0 o m _ L O O N U Q LL .. o c�� '^ E(19 L N> Q rC) z E3: CV- Qa Qa 30E Yogv�a U a: rr Cfl fB 0 U) CD ° �° Q (7 ami mF y a a _�oO:E fB ° v Q E o E `o �-oo L L y0) Lo a5 a5 U (6 O Q Q U Q O O C 0 w Q NIg > r c 3 0 U L a w N U N p� J (D U a) E d �' N CD N LL U) Lu " Y -012 - w 4 a -°i a-°i� Qin Q in .� .� .� .� Q c o Y o o -= A U 00 U) m m m w w Q U) ° Un O Un o O o c a o p Y Y Y Y v 10 N > W a3 a5 a5 a5 a5 y a N $ m o m N 2 NOI8 (7F W�QO 0T'm j L O O O N fl- _ o. cu LL Un Un � �0- mac A��1O- LLm 0,i O c 2 c U G UO u'm USS VF wr Z C7 S U t 0 _ N N O N O a!( 7 O m 4W o :a ;w t j m ' � N =a cl 0 �. z c September 15, 2023 Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca Katie Anderl Senior Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 katie.anderl(a)kitchener.ca Re: Site Plan Application SP23-035-S-KA 787-851 King Street East, 432 Charles Street East & 5 Stirling Avenue South Kitchener Stirling Developments / Kitchener Charles Developments Dear Ms. Anderl, The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application for a mixed use development. Recommendation The GRCA recommends conditional approval of the site plan. Additional details will be required to demonstrate the building is floodproofed. Documents Reviewed by Staff Staff have reviewed the following documents submitted with this application: • Topographical Survey (Van Harten, revised April 3, 2023) • Architectural Plans (Kirkor, revised August 21, 2023) • Functional Grading Plan (WalterFedy, revised September 13, 2023) GRCA Comments The GRCA has reviewed this application as per our Provincial delegated responsibility to review natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario Page 1 of 3 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 65 of 221 Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of Waterloo. The south edge of 432 Charles Street East is affected by the flood fringe of the Schneider Creek floodplain. Site grading will alter the floodplain extent, but we consider these alterations minor. All other floor space (including residential floor space) is confirmed to be above the regulatory floodplain elevation (RFE). There is one parking entrance to Tower A that is below the RFE, and will allow flood waters from a regulatory storm to extend into the building envelope, partially up the ramp to Floor P1. GRCA policy and practice typically requires residential parking structures in a two -zone flood fringe or Special Policy Area to have their entrances floodproofed at or outside of the building envelope. Given the circumstances of the site grades, that there are two other dry accesses into the parking garage, and that this is an upward gradient ramp, we will permit this design. However, does not bind or imply that this is an accepted precedent and practice, or that GRCA permission will be granted for any other similar designs elsewhere in the watershed. We will require additional details to verify that the building is floodproofed. As such, we recommend site plan approval, subject to the following condition: 1. Prior to any grading or construction on the site, the owners or their agents submit the following to the satisfaction of the Grand River Conservation Authority: a) A detailed lot grading plan; b) A letter from a professional engineer licensed in Ontario, stating that: i. Floodplain -affected parking entrance ramp and building(s) will be floodproofed; and, ii. The underground structure is designed for controlled seepage and filling by flood waters; c) Additional plans and/or letters demonstrating: i. The flood -affected parking entrance ramp has no openings below the regulatory floodplain elevation; ii. Underground access by elevator during flood events is prevented; iii. The underground structure contains facilities for pump out; d) The submission and approval of a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit from the GRCA prior to grading or construction in a regulated area. Page 2 of 3 Page 66 of 221 We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(a)grand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority cc: Dave Aston, MHBC Page 3 of 3 Page 67 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 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: REPORT NO.: November 8, 2023 DSD -2023-492 SUBJECT: Minor Variance Application A2023-126 —117 Ingleside Drive RECOMMENDATION: That Minor Variance Application A2023-126 for 117 Ingleside Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.12.3 e) to permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres; and ii) Section 4.12.3.1 a) b. to permit the minimum side yard setback of the principal dwelling, a semi-detached dwelling, to be 1.3 metres instead of the minimum required 2.5 metres; to facilitate an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property generally in accordance with drawings prepared by Milton Gomez, dated October 2023, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for minor variances to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. • The key finding of this report is that the proposed 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 68 of 221 BACKGROUND: The subject property is located on Ingleside Drive between Hazelglen Drive and Dalegrove Drive. The existing building is a semi-detached dwelling. Figure 1 — Location of Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to provide relief from the Zoning By-law to facilitate an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property. The requested relief from Section 4.12.3 e) to permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres is necessary due to the shape of the lot. The lot width is narrow at the front yard and expands significantly towards the rear yard. The requested relief from Section 4.12.3.1 a) b. is to permit a side yard setback of 1.3 metres instead of the minimum required 2.5 metres for a lot containing a semi-detached dwelling. The angled side lot line creates a scenario where the principal dwelling has a setback of 1.3 metres at the front of the dwelling and 3.3 metres at the rear of the dwelling. The requested variances will facilitate the construction of an ADU (Detached) in the rear yard of the subject property. Page 69 of 221 Figure 2 — Subject Property Figure 3 — Proposed Access REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject lands are designated as `Low -Rise Residential' on Map 3 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 Page 70 of 221 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 semi-detached dwelling with an ADU (Detached) is permitted within the land use designation, Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law Minimum Lot Width for a Lot Containing an ADU (Detached): The requested variance from Section 4.12.3 e) of Zoning By-law would permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres for a lot containing an ADU (Detached). The intent of this regulation is to ensure that there is adequate space to construct an ADU (Detached) in the rear yard of the subject property. The shape of the subject property is pie -shaped in nature, resulting in a rear yard where the lot width is 14.2 metres at its greatest. According to the drawings, included as `Attachment A', the lot width at the narrowest point where the ADU (Detached) will be located is 13.25 metres. The proposed ADU (Detached) complies with the required setbacks for an ADU (Detached) outlined in Section 4.12.3. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Minimum Side Yard Setback for the Principal Dwelling: Section 4.12.3.1 a) b. of Zoning By-law 2019-051 requires a minimum side yard setback of 2.5 for the principal dwelling on a lot containing an ADU (Detached), where the principal dwelling is a semi-detached dwelling. The requested variance is to permit the minimum side yard setback of the principal dwelling to be 1.3 metres instead of the required 2.5 metres. The intent of the Zoning By-law is to ensure that there is adequate space within the side yard of the subject property to provide access an ADU (Detached) in the rear yard. The angled side lot line creates a scenario where the principal dwelling has a setback of 1.3 metres at the front of the dwelling and 3.3 metres at the rear of the dwelling. The proposed walkway access will meet the minimum requirement of 1.1 metres. 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 requested variances to permit a lot to have a width of 8.7 metres instead of the minimum required 13.1 metres and to permit a minimum side yard setback of 1.3 metres instead of the required 2.5 metres for a lot containing semi-detached dwelling are considered minor. The requested variances will not have any visual impacts on neighbouring properties or the existing streetscape 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 support a gentle intensification of the property, will make use of existing infrastructure, and support the City's Housing Pledge. Environmental Planning Comments: The proposed ADU is to be 2.5 metres from rear/side lot lines. Any trees on adjacent properties should be far enough away in this case and not be impacted. No tree management condition required. Page 71 of 221 GRCA Comments: GRCA has no objection to this application. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the detached additional dwelling unit is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. Engineering Division Comments: No engineering concerns. Parks/Operations Division Comments: Advisory comment revised. No parks/operations concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer -Hallman Road (RR#58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 72 of 221 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 with Elevations Page 73 of 221 Attachment A -Site Plan with Elevations Page 74 0 221 � » Cr } \ z.. - . m- § - • • i � g� \f/� .� �� � / � � | i i . � ii � � ) - gym± k$ /� om /})� � \\ �m / ).- ~ume © , : � � f ; ! CIID { . � �-- Attachment A -Site Plan with Elevations Page 74 0 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 75 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 76 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 77 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 78 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 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: 4 DATE OF REPORT: November 10, 2023 REPORT NO.: DSD -2023-499 SUBJECT: Minor Variance Application A2023-127- 52 Sabrina Crescent RECOMMENDATION: That Minor Variance Application A2023-127 for 52 Sabrina 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 0 metres from the street (property) line instead of the minimum required 6 metres; and relief from Section 5.3.1, Table 5-1, of Zoning By-law 2019- 051 to permit one (1) of the required parking spaces to have a width of 2.5 metres instead of the minimum required 2.6 metres to accommodate two side-by-side parking spaces for a proposed Additional Dwelling Unit (ADU) (Attached), a Duplex, generally in accordance with drawings prepared by Thinkform Architecture + Interiors, dated Revision No. 6, 2023.09.20, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application for parking to permit a conversion from a single detached dwelling to a single detached dwelling with one (1) Additional Dwelling Unit (ADU) (Attached) (Duplex). • The key finding of this report is that the requested minor variances meet all the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 79 of 221 BACKGROUND: The subject property is located on the north side of Sabrina Crescent and currently is used as a single detached dwelling. Figure 1: Ariel View of Subject Property The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Two Zone (RES -2)' in Zoning By-law 2019- 051. The purpose of the application is for parking variances to permit the conversion of the garage of the existing single detached dwelling into living space to accommodate an attached additional dwelling unit (duplex). Page 80 of 221 Staff conducted a visit to the subject property on November 1St, 2023. Figure 2: Front View of Subject Property Staff note that the original application showed three-man doors oriented towards the street. It is noted that currently the zoning bylaw does not regulate the maximum number of doors for a duplex use. Though the number of doors is of consideration for other dwelling types, such as three units or more. However, the owner has agreed to modify the design, as submitted and shown in the Revision No. 6, date noted in the drawing, to have only two man doors facing the street (see Figure 3 below). This will permit access to the new ground floor unit through what was previously the garage. Page 81 of 221 SIDE ELEVATION •PROPOSED Figure 3: Proposed Front Elevation SITE PLAN - NEW ENTRANCE TO THE 2ND DWELLING UNIT Figure 4: Proposed Site Plan Page 82 of 221 The applicant intends to utilize the existing driveway which is 5.1 metres in width instead of the minimum 5.2 metres which is needed to accommodate 2 parking spaces side by side. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' in the City's Official Plan. The intent of the land use designation is to encourage residential intensification and/or redevelopment which includes additional dwelling units in order to respond to changing housing needs and as a cost-effective means to reduce infrastructure and services costs by minimizing land consumption and making better use of existing community infrastructure. The proposed parking variance to permit the conversion of the building from a single dwelling to a duplex dwelling maintains the low rise residential built form of the neighbourhood. It is the opinion of staff that the requested parking variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The zoning regulation for one of the two required parking spaces for a duplex use to be located a minimum distance of 6 metres from the front lot line (street line) to ensure that there is sufficient parking for a duplex use should the site only have tandem parking (which is permitted for the use). As well, it ensures that the parking spaces are not all located 0 metres from the street line which could result in vehicles dominating the streetscape. For the subject property, there is sufficient lot width so that having two parking spaces side by side near the front lot line does not dominate the property frontage or the streetscape. The regulation for a minimum parking space width of 2.6 metres is to ensure enough width for the vehicle and for opening and closing the vehicle doors. The variance for one of the parking spaces to be 2.5 metres wide is a deficiency of 0.1 metres which can also be considered minor as it will not impact the use of either parking space. Is/Are the Effects of the Variance(s) Minor? The request to have the parking space variances can be considered minor as there is adequate area to provide the minimum of two parking spaces on the existing driveway. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the parking variances are appropriate for the proposed duplex use as they will provide a gentle form of intensification within the existing building which is Page 83 of 221 appropriate for the use of the property and compatible with the surrounding neighbourhood. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances Application has been made for the change of use to a duplex and Engineering Division Comments: Engineering has no comments. Parks/Operations Division Comments: No comments or concerns. Transportation Planning Comments: Transportation Services can support the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: . A Building Permit it is currently under review. Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 84 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 85 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 86 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 87 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 88 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 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: November 3, 2023 REPORT NO.: DSD -2023-495 SUBJECT: Minor Variance Application A2023-128 — 76 Dunham Avenue RECOMMENDATION: That Minor Variance Application A2023-128 for 76 Dunham Avenue requesting relief from Section 6.1.1.1 b) i) of Zoning By-law 85-1 to permit a required parking space to be located 2.5 metres from the street (property) line, instead of the minimum required 6 metres, in order to accommodate two (2) side by side parking spaces for a proposed Additional Dwelling Unit (Attached) (Duplex), generally in accordance with drawings prepared by Habitat Design Co., dated October 16, 2023, BE APPROVED, subject to the following conditions: 1. That the Owner shall grant Metrolinx an Environmental Easement for Operational Emissions. The Environmental Easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. 2. That the Owner shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: "Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 89 of 221 Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units." REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance to permit a required parking space to be located 2.5 metres from the street (property) line in order to facilitate the creation of an Additional Dwelling Unit (Attached) (Duplex). • The key finding of this report is that the minor variance meets the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on a corner lot at the intersection of Dunham Avenue and Mansion Street. The lot currently contains a Single Detached Dwelling. Figure 1 — Ariel Photo of the Subject Property Page 90 of 221 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Conservation A' in the Central Frederick Neighbourhood Plan for Land Use. The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. The purpose of the application is to permit a required parking space to be located 2.5 metres from the street (property) line, in order to facilitate the creation of an Additional Dwelling Unit (Attached) (Duplex).The existing subject property is a Single Detached Dwelling, which currently contains an attached garage. The attached garage is approximately 3.1 metres in width by 5.3 metres in length and contains stairs at the rear which provides access to the subject property. As such, the existing attached garage does not meet the Zoning By-law 85-1 dimension requirements for an attached garage parking space (3.04 metres by 5.49 metres) and does not function as a garage/required parking space. Zoning By-law 85-1 states that 1 parking space is required for each dwelling unit for an Additional Dwelling Unit (Attached). Since the attached garage does not function as such, both parking spaces must be located in the driveway. The existing driveway is 4.25 metres, and is proposed to be widened by 2 metres, which would make the proposed driveway a total of 6.25 metres. Both of the required parking spaces are proposed to be side-by-side and located 2.5 metres from the street (property) line, as shown in Figure 2. Section 6.1.1.1 b) i) requires that a required parking space be located a minimum of 6 metres from the street (property) line. Accordingly, a minorvariance is requested to permit required parking space to be located 2.5 metres from the street (property) line as the attached garage does not function as such. The subject property and proposed use of the building for a single detached dwelling with an ADU (Attached) (Duplex), meets all other zoning requirements, including lot width, setbacks, and driveway width requirements. Page 91 of 221 f MoeriwK S7UNHAM AYE. SfiE 5KETGH SCALE: 1:200 Figure 2 — Site Plan r� Staff conducted a visit to the subject property on November 1 st, 2023. DATE: 2023-10-16 scx : 1: a 5 -EE, _ D_ 1 Page 92 of 221 Figure 3 — Photo of Subject Property from Site Visit 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 Conservation A' land use designation in the Central Frederick Neighbourhood Plan for Land Use is to preserve the scale, use, and intensity of existing development. Permitted uses include duplex dwellings. It is the opinion of staff that the existing use and proposed ADU (Attached) (Duplex) conforms to the land use designation. Accordingly, the variance to facilitate the ADU (Attached) (Duplex) will meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of requiring a parking space to be located 6 metres from street (property) line is to ensure that there is adequate space to accommodate vehicles without impacting or impeding pedestrian use of the sidewalk right-of-way, and that the front or exterior side yards do not function primarily as parking areas. The driveway is proposed to be widened to 6.2 metres, which negates the need for tandem parking, and the setback of the parking of 2.5 metres does not impede on the pedestrian use of the sidewalk right-of- way. Further, the primary use of the front yard is the variety of hard and soft landscaping Page 93 of 221 features that are shown in Figure 3. As such, staff are of the opinion that the general intent of the Zoning By-law will be maintained. Is/Are the Effects of the Variance(s) Minor? The effects of the variance, to permit the required parking space to be located 2.5 metres from street (property) line, can be considered minor as there is enough space to accommodate two vehicles without impacting the use of the sidewalk by pedestrians. Further, as the 7.5 metre front yard setback of the attached garage exceeds the minimum requirement in the Zoning By-law, and the proposed driveway width is less than 50% of the lot width, the impact of one the required parking spaces being located 2.5 metres from the street (property) line is reduced, since there is adequate front yard space still remaining. 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 and support the City's Housing Pledge by facilitating the construction of a ADU (Attached) (facilitate a Duplex use) on the subject property. Environmental Planning Comments: Provided there is no addition to create an attached ADU, there are no tree management concerns. There are no natural heritage issues. Heritage Planning Comments: Heritage Planning staff have no concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit to change the use to an additional dwelling unit (attached). Please contact the Building Division at building(a-kitchener.ca with any questions. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks/Operations Division staff have no concerns. Transportation Planning Comments: Transportation Services can support the proposed application to permit the following: • That a required parking space be located 2.5 metres from the lot line rather than the required 6 metres. Region of Waterloo Comments: The Region of Waterloo has no concerns. Grand River Conservation Authority Comments: The GRCA has no concerns. Page 94 of 221 Metrolinx Comments: Metrolinx is in receipt of the minor variance application for 76 Dunham Ave to facilitate an additional parking spot to support the future basement apartment (changing the single detached dwelling into a duplex). Metrolinx's comments on the subject application are noted below: • The subject property is located within 300 metres of the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. Conditions of Approval: • As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah. Farogue(o-)-metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). • The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of- way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. Page 95 of 221 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 Page 96 of 221 Page 97 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 98 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 99 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 100 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 101 of 221 M ETRQ LI NX To: Kitchener Committee of Adjustment From: Adjacent Developments GO Expansion&LRT-Third Party Projects Review - Metrolinx Date: Novem ber 6th, 2023 Re: A 2023-128 - 76 Dunham Avenue, Kitchener Metrolinx is in receipt of the minor variance application for 76 Dun ham Aveto facilitate an additional parking spotto su pportthefutu re basement apartment (changing the single detached dwelling into a duplex). Metrolinx's comments onthesubject application are noted below: • The su bject property is located within 300m of the Metrolinx Guelph Su bdivision which carries Metrolinx's Kitchener GO Train service. Conditions ofAl2proval: As per section 3.9 of the Federation of Canadian Municipalitiesand RailwayAssociation of Canada's Gu idelines for New Development in Proximityto Railway Operations,the Ownershall grant Metrolinx an environmental easement for operational emissions. The environmental easement provides clear notification to those who may acqu ire a n interest in the su bject property and reduces the potential forfuture land use conflicts. The environ menta I easement shall be registered on title of the su bject property. A copy of theform of easement is included forthe Owner's information. The applicant may contact Fa rah.Faroque@metrolinx.com with questions and to initiatethe registration process. (Itshould be noted thatthe registration process can take u pto 6 weeks). The Proponent shall provide confirmation to Metrolinx, thatthefollowing warning clause has been inserted into all Development Agreements, Offers to P u rchase, and Agreements of Purchase and Sale or Lease of each dwelling unitwithin300 metres of the Railway Corridor: • Warning: The Applicant is advised thatthe subject land is located withinMetrolinx's300 metres railway corridorzoneofinfluence and assuch is advised that Metrolinxand its assigns and successors in interest hasor have a right-of-way within 300 metres from the subject land. The Applicant is further advised thatth ere maybe alterations to or expansions of the rail or othertransitfacilities on such right-of-way in the future includingthe possibilitythatMetrolinx orany railway entering into an agreement with Metrolinxto use the right-of-way ortheirassigns or successors as aforesaid may expand or altertheir operations, which expansion or alteration may affectthe environment of the occupants in the vicinity, notwithstanding the inclusion ofany noise and vibration attenuating measures in the design of the development and individual lots, blocks or u nits. Should you have any questions or concerns, please do not hesitateto contact me. Best regards, Farah Faroque P roject An a lyst, Th i rd P a rty P rojects Review Metrolinx 10 BayStreetl Toronto I Ontario I M5J 2 N8 :Xi: METROLINX 1 1 Page 102 of 221 :00: METROLINX Form of Easement WHEREAS the Transferor isthe owner of those lands legally described in the Properties section of the Transfer Easementto which this Schedule is attached (the "Easement Lands"); IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiencyof which are hereby acknowledged bythe Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every partthereofforthe purposes of discharging, emitting, releasing orventing thereon or otherwise affectingthe Easement Lands at anytime during the day or nightwith noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arisingfrom or out of, or in connection with, any and all present and future railwayor other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existing and all future renovations, additions, expansions and other changesto such facilities and all future expansions, extensions, increases, enlargement and other changesto such operations (herein collectively called the "Operational Emissions"). THIS Easement and all rights and obligations arisingfrom same shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, servants, tenants, sub -tenants, customers, licensees and other operators, occupants and invitees and each of its ortheir respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of each party hereto, if more than one person, shall be joint and several. Easement in gross. :Colt:: METROLINX 1 2 Page 103 of 221 Staff Report Develo n7ent Services Deoartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2023 L www. kitchener ca 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 9 DATE OF REPORT: November 8, 2023 REPORT NO.: DSD -2023-506 SUBJECT: Minor Variance Application A2023-129 — 600 Queen St. S. RECOMMENDATION: That Minor Variance Application A2023-129 for 600 Queen Street South requesting relief from Section 5.3 of Zoning By-law 85-1, to permit three (3) structural pillars at the main entrance and a small portion of the southeast corner of the building to encroach into the Driveway Visibility Triangle (DVT), to facilitate the development of the lands with a 12 -storey Residential Care Facility with 181 dwelling units, in accordance with Conditional Approved Site Plan Application SP23/007/Q/KA, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the development of the lands with a 12 -storey Residential Care Facility containing 181 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 was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located along Queen Street South, adjacent to the Iron Horse Trail and Canadian National Railway. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 104 of 221 Figure 1 — Aerial Photo of the Subject Property The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Mixed Use Corridor' on Map 14 — Victoria Park Neighbourhood Secondary Plan for Land Use. The property is zoned `Medium Intensity Mixed Use Corridor Zone (MU -2)' in Zoning By- law 85-1. The purpose of the application is to review a minor variance to facilitate the development of the lands with a 12 -storey Residential Care Facility containing 181 dwelling units. The subject currently contains a vacant commercial building and has received Conditional Approval of Site Plan Application SP23/007/Q/KA on August 15, 2023 (Figure 2). As a condition for final Site Plan Approval, a Minor Variance Application is required for the proposed obstructions into the Driveway Visibility Triangle (DVT), as Section 5.3 of Zoning By-law 85-1 prohibits any obstruction to the Driveway Visibility Triangle. The proposed obstructions are three (3) structural pillars to be located at the main and service entrances, as well as the Utility Access Route, as denoted in Figure 3. The encroachment of the Driveway Visibility Triangle (DVT) will occur after the 3.9 metre proposed road widening which is to be undertaken by the Region of Waterloo. Staff conducted a visit to the subject property on November 1St, 2023. Page 105 of 221 SITE STATISTICS Parking Required-51 Spaces INSTITUTIONAL �S} 2oning- Mad— Intensity Mixed Use Corridor Zone Residential Care Ead1ty-Nvshc Nome Fbor Space Ratio-3.97 (MU-2) 45BR, 53H 1 Space a.4 Beds 1 Space per 3 Staff C d AApplketloo- WA -(173 Beds 14 Sails) n 1 Space -(21 Staft 13 SW a 1 Space NOTES: LotArea- 3614.1m'(Post Road Widening}=44$paces =7 Space$ 4. ALL ASPHALT AREAS TO BE DEFINED WITH 0.15M BWding Cwenape- 2664.8W (73.7X)Parking Provided-52 Spas HIGH POURED CONCRETE CURBING. Landscaped Area- 547.Tirn' [15.1%) At Grade PeMing Space MInITum 011asions. 222 x 5Sm 2, INTEWOR WALL$ AND CEILING OF PARKING {Racdmp Amerity Ams -1681.&t Barrier Free Parking Req.hd. I Type'A'Spxes 6 GARAGE TO BE PAINTED WHITE. AW.ItC HardSorf—Area 4g1,6m'(t1,2%} 2Type 'B'Spaoaa 3. UTILITY ACCESS ROUTE TO BE ONE-WAY'IN'ONLY. m. eras p,w.ir r�.,.,.s, Q� crr.uiam� 4 v A AS l i SITE PLAN REVISED: SITE PLAN APPLICATION No. SP2310071QIKA � 0 7.1 15 22.5 PART LOT 17, MUNICIPAL COMPLIED PLAN OF SUBDIVISION OF LOT 17, GERMAN COMPANY TRACT 600 QUEEN INC. SCALE ,:75o City of Kitchener P2cA°FILE: 600 QUEEN STREET SOUTH DATE: AUGUST 3,2023 DEVELOPMENT SERVICES DEPARTMENT S3C07QKA,DWG Figure 2 - Site Plan Page 106 of 221 Stantec 13iY1 xao�uoe:w�N» i SP•1 Figure 3 — Plan Denoting Driveway Visibility Triangle Impacts Figure 4 — Photo from Site Visit Page 107 of 221 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 `Mixed Use Corridor' designation to allow for intensive, transit supportive development along major corridors in the city. Permitted uses include a broad range of commercial uses, full range of institutional uses, as well as multiple residential uses. As the variances are to facilitate the development of a Residential Care Facility containing 181 dwelling units, which falls under residential uses, Staff are of the opinion that the minor variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the Driveway Visibility Triangle requirement is to ensure drivers entering and exiting the property have a clear view of any potential obstacles. Planning Staff is of the opinion that the variances meet the general intent of the Zoning By-law, as Transportation Planning Staff and the Region of Waterloo have not identified the reduction in visibility as a safety hazard. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effect of the variances are minor, as the reduction in visibility in the Daylight Visibility Triangle will be minimal. Transportation Staff and the Region of Waterloo have not expressed concern regarding the level of encroachment to the Daylight Visibility Triangle. Further, the applicant has identified that the three (3) structural pillars are fundamental to the building design, and prohibiting the pillars would result in a significant redesign of the proposed structure. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variances are desirable for the appropriate development of the land, as they will facilitate an aesthetically pleasing building. The proposed Residential Care Facility will be compatible with the neighbourhood and will provide a needed form of housing and services for future residents. Environmental Planning Comments: There are no natural heritage issues. All Tree Management Policy implementation done through Site Plan Approval. Heritage Planning Comments: 600 Queen Street South was reviewed for the Kitchener Heritage Inventory in 2014 and was determined to have no cultural heritage value or interest. There are no heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variances. Page 108 of 221 Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks/Operations Division has no concerns. Transportation Planning Comments: Transportation Services staff have worked with the applicant closely on this proposed development. Through the site plan application review, staff and the applicant worked together to achieve an acceptable solution to encroaching the Driveway Visibility Triangles. Transportation Services can support the proposed application requesting variances to have structural and support columns encroach into the Driveway Visibility Triangles. Region of Waterloo Comments: There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. Grand River Conservation Authority Comments: The GRCA has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • 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 • Site Plan Application SP23/007/Q/KA Page 109 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 110 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 111 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 112 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 113 of 221 Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 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 9 DATE OF REPORT: November 7, 2023 REPORT NO.: DSD -2023-502 SUBJECT: Minor Variance Application A2023-130 — 55 Roxborough Ave. RECOMMENDATION: That Minor Variance Application A2023-130 for 55 Roxborough Avenue requesting relief from Section 5.4, Table 5-2 a) of Zoning By-law 2019-051, to permit an attached garage to project 1.7 metres from the habitable portion of the dwelling whereas the Zoning By-law does not permit attached garages to project beyond the habitable portion, to facilitate the construction of a new attached garage onto the existing dwelling, generally in accordance with drawings prepared by Tri -City Drafting and Design Services, dated August 2023, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the construction of a new attached garage onto the existing dwelling. • The key finding of this report is that the minor variance meets the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located at the intersection of Roxborough Avenue and Farnham Avenue. The subject property currently contains 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. Page 114 of 221 Figure 1 — Ariel Photo of Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The property falls under `Appendix C - Central Neighbourhood Area' in Zoning By-law 2019-051. The purpose of the application is to review a minor variance in order to facilitate the construction of a new attached garage onto the existing dwelling. The subject property currently contains a Single Detached Dwelling, with one -storey storage area attached to the right of the existing dwelling. The one -storey storage area is approximately 10.6 square meters in area and does not project in front of the existing dwelling. The proposed attached private garage, containing 1 parking space, will replace the existing one -storey storage area and will be approximately 19.6 square meters in area. The proposed attached private garage meets the Zoning By-law requirements for parking space dimensions, as it is approximately 3.2 metres by 5.8 metres. It will be located approximately 7.4 metres from the street (property) line. The proposed attached private garage will project 1.7 metres beyond the front fagade of the existing dwelling. The subject property falls under Appendix C — Central Neighbourhood Area, and Zoning By-law 2019-051 Section 5.4, Table 5-2 a) does not Page 115 of 221 permit an attached private garage on a Single Detached Dwelling to project beyond the front fagade of the habitable at grade portion of the dwelling unit. Accordingly, a minor variance is requested to permit the proposed attached private garage to project 1.7 metres beyond the front fagade of the existing dwelling. Staff conducted a visit to the subject property on November 1 st, 2023. h ' c Figure 1 — Photo from Site Visit Page 116 of 221 Figure 2 — Flan I'bowing LOC..TION OF BUILDINGS ^n I_ L A 19 an d P RT of the PARK tCJT i,'�G PLAN 83I City of Kilchoner Seale I"- 19;15 "_19T5 RC XB©ROUGH AVF- N k' N 37a i8 r SP 518. -FA. ss' _ a i o ,Pm7wd A'rr 35 �ra3e i� Sr4R£r 84aC�' .+vvSC 11 k WM-wtsh0-w Io Ar Y0i 1 17 f 3� INST M1[° 21.5966 r f, .sc4-- . . t, ;1ILLTwiZ _�,,.-s•-r�...........-.,-.-:. moi.-.a�• }� ter, e= veA t i E'GE"Nd M11 � rr.rs ac Ar Docs Rar alafwar ro J. DOUGLAS RErvrs£ r ra ri[fT scr £r 1�a11T:.�i/i?L.41,9SL rr••ane Tro ex fr: ra.ap=�.:r rrr.r f,! R£RtltAT/DA'S vAEr£ ffF'JE.av Tw£ Sf.FeYr3 !CT 2A•p rae! A!sfST Rt art jJ /y/ -y /aEfi T�f�y.�T J!"'_y Pi dA' FOR- Ltd rFD .:,x r 22, 1S75 ri 4`f1Afip $y'aY�lpT h'ITCMr R'[R � Ch"Td Rlp site Plan Page 117 of 221 Figure 3 — South Building Elevation TRI -CITY -C� �o ROBERT BROWN GARAGEAUDITION I PROPOSED BUILDING j ELEVATION A4.0 Page 118 of 221 WOOD LINTELSCHEDULE YNtlf Gi5CPoM61n 2S6 SPF, No-+ W z POiT Ei. SIN Q YpiGB: !. LMRELSIff9FAMEY RmM6e CTse[e hts. xlFEe�MRE�s�U�sYH46HwfA�HMG w�nxs.G s. YMNNE �.reCKmYFw.xO3iwwrcnLEuxms f EXTERIOR WALLS uisewswu wmsrnn. arownen �'��EimruY Hn - a%srwegtrac R�Ifl00A PAOPOSF6 P<NN Figure 4 — Main Floor Proposed Plan REPORT: Planning Comments: `T aeuFuoee® minas. ROBERT BROWN GARAGE ADDITION MAIN FLOOR PROPOSED _—_ PLAN M In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' on Map 3 — Land Use. 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 as there will be no changes to the existing use, the variances to facilitate the attached garage will meet the general intent of the Official Plan. Page 119 of 221 General Intent of the Zoning By-law The intent of not permitting an attached private garage to project beyond the front fagade of the habitable portion of the dwelling within Central Neighbourhoods Area is to ensure that new development does not disrupt the character of the Central Neighbourhoods Area. Staff are of the opinion that the proposed design of the attached garage is line with the existing dwelling and surrounding neighbourhood, as shown in Figure 3. As such, the variances to facilitate the attached garage meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Planning staff is of the opinion that the requested variance is minor, as the projection of 1.7 metres will not adversely impact the character of the neighbourhood, streetscape, and adjacent properties. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variance is appropriate for the development or use of the land, as its proposed location will allow the retention of an existing laundry room at the rear and the provision of an enclosed parking space. The applicant has demonstrated through building and site design that the proposed addition will not have adverse impacts on the adjacent properties and will be compatible with the character of the neighbourhood. Environmental Planning Comments: Environmental Planning has no concerns. Heritage Planning Comments: Heritage Planning has no concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for the attached garage and it is currently under review. Engineering Division Comments: Engineering Division has no concerns. Parks/Operations Division Comments: Parks/Operations Division staff have no concerns. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. Region of Waterloo Comments: The Region of Waterloo has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 120 of 221 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 121 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 122 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 123 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 124 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 125 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2023 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-497-5358 ext. 7860 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: REPORT NO.: November 8, 2023 DSD -2023-507 SUBJECT: Minor Variance Application A2023-131 - 55 Franklin St. S. Minor Variance Application A2023-132 - 59 Franklin St. S. Minor Variance Application A2023-133 - 50 Eighth Avenue Minor Variance Application A2023-134 - 54 Eighth Avenue RECOMMENDATION: That Minor Variance Applications A2023-131 to A2023-134 for 55 and 59 Franklin Avenue South and 50 and 54 Eighth Avenue requesting relief from Section 5.6, Table 5.5, of Zoning By-law 2019-051; i) to permit a minimum parking requirement of 0.41 parking spaces per dwelling unit (25 parking spaces) instead of the minimum required 1 parking space per dwelling unit (60 parking spaces); and ii) to permit a multi -unit parking requirement of 1 space per 53 square metres of gross floor area (6 spaces) instead of the minimum multi -unit parking rate of 1 space per 35 square metres of gross floor area (9 parking spaces); to be able to provide a minimum of 31 parking spaces for each building, with an overall parking provision of 127 spaces on site for the entire development, instead of the minimum required 277 parking spaces in total on site for the entire development, to facilitate a reduction in parking sufficient to remove one floor from the proposed two-storey parking structure in the centre of the site which services the four (4) buildings developed in accordance with Site Plan Application SP20/075/F/AP, BE APPROVED with the following condition: That a Site Plan Application, to revise SP20/075/F/AP, be submitted and approved to the satisfaction of the Manager of Development Review. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 126 of 221 REPORT HIGHLIGHTS: • The purpose of this report is to review applications for minor variances to facilitate the construction of 4 mixed-use buildings each containing 60 residential dwelling units and commercial 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject properties are located between Franklin Street South and Eighth Avenue in close proximity to Kingsway Drive. The subject lands are surrounded by low rise residential uses to the west, high rise residential uses to the south, and commercial uses to the north and east. 9� 921 r tJ1 _' 4� I Figure 1: Subject properties — 55 and 59 Franklin St. S., 50 and 54 Eighth Ave. The subject properties are identified as `Urban Corridor' on Map 2 — Urban Structure and are designated `Commercial' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `General Commercial Zone (COM -2)' in Zoning By-law 2019- 051. The purpose of the minor variances is to facilitate the construction of 4 mixed-use buildings each containing 60 residential units, and commercial units on the ground floor with a reduced amount of required parking. The applicant is requesting to reduce the parking requirement for each building to 0.41 parking spaces per dwelling unit (25 spaces) rather than the required 1 parking space per dwelling unit (60 spaces) and to permit a multi -unit parking rate of 1 space per 53 square metres of gross floor area (6 spaces) Page 127 of 221 rather that the required minimum multi -unit parking rate of 1 parking space per 35 square metres of gross floor area (9 spaces). Overall, 31 parking spaces will be provided per building and an overall total of 127 spaces will be provided on site for the entire development. The properties are being developed in conjunction with the building at 50 Eighth Avenue which has been completed first with the other 3 buildings currently in different stages of development. The properties were approved for Minor Variances as per Decision A2021- 011 for the setbacks of the buildings. Furthermore, the properties were approved by Council in June 2022 for a vacant land condominium to subdivide the original property into 5 units. Each of the mixed-use buildings are 1 unit, with a central structure parking facility being the 5t" unit, and the remaining lands are within the common element. The original Site Plan Application consisted of 4 mixed use buildings, each containing 64 residential units, however the design of the buildings has been changed to 60 residential units within each building. The owner has then requested to reduce the amount of parking on site, in order to reduce the size of the parking structure to accommodate less parking. An updated site plan will be required as a condition of the minor variances in order to show the reduction in parking. MASTER SITE PLAN 55 FRANKLIN GP ING. 55 FRANKLIN ST. S SITE STATISTICS�- Zrn' 3-C'ortmer6dal [COM -2j '-� I'�1 + Lot Area -6',1251 m' Bdid'ng Cwnage -3296.4 nF(40%5 Ladsceped Rrea-L682.4 m'(21%j Asphalt! Hard Sulfate Area 3 m ,.155.1 ' pgr%ti oavv Cb ofA46o.n M®or- Varialce Application A2021-011 Padag Prunded-127 Spaces (155Spaces"d per A2021 011j EV Pa%ig P—&d-0 Sp—(A2021-011) EVldeadfr Spaces Pmrided - 25 (31 Spaces reg)d per A2021-011 j Bauer Free Paddeg TW A-2 Spats Barn Free Pa" Type 6-4 Spats Padng Spare Nfniman Di—i.-2.6. z 5.5m Befde padorg PmudW -142 Spaces aria A-33 Slpaoes i Bldg -132 Spaces aag B-1 G Spates MULTI -RESIDENTIAL Nuekn of units -240 Uri6 (W Units BftY Nuet of Wsib Spaces -27 Spaces Resdmbid Ffaor Spatz Ratio - 16 (Resd�" Bod" Floor Area! Lt Area] (14,g7A1 sgm ! 6,125.1 sq.P] DDMMERCIALI NON RESIDENTIAL Tutal Grams Flom Area -1,272.0 sgm NOTE: ALL ASPHALT AREAS TO BE DER NED WRH L15M HIGH POURED CRETE CURGM ALL SNOW TO BE REMOVED FROM SITE PER A2021-011, PARI{ING SPACES SHALL BE SHARED BETVEEN RESIDENTIAL AND NON RESIDENTIAL USES TO THE SATISFACTION OF TRANSPORTATION SERVICES. PARPoNG STRUCTURE INTERICRTO BE PKNTEDVAHTE. AU�GI151STT 2501, 2021 I SITE PLAN APPLICATION No. SPM075? ® --�F ATS k)8+-+ PWif OF LCIS 146.15111:3 [CV S"=R=_P�:111-SJ.. 0 - 10 IS 20 25 SEPTEMBER 15, 2023 t^' CITx CF NfICHFIIER, sE31LY14 NNiCPAUM CF IWTEfiLCO SCALE 1: 750 DATE: MARCF 2-!h. 2021 Figure 2: Site Plan for the Overall development City of Kitchener CAD FILE - DEVELOPMENT SERVICES DEPARTENT SP.DWG Page 128 of 221 ACCESSI. —In. SIGN PDg3 Im s)- 3llP@9Ri=53EEL FiiE RCIFPESIGN SS [3W[45]om SUPPGYTT: STEF1 DR Wni i k STOP SIGN RA- 1 {6fAtF9jcm SUPP T. STEEL AU�GI151STT 2501, 2021 I SITE PLAN APPLICATION No. SPM075? ® --�F ATS k)8+-+ PWif OF LCIS 146.15111:3 [CV S"=R=_P�:111-SJ.. 0 - 10 IS 20 25 SEPTEMBER 15, 2023 t^' CITx CF NfICHFIIER, sE31LY14 NNiCPAUM CF IWTEfiLCO SCALE 1: 750 DATE: MARCF 2-!h. 2021 Figure 2: Site Plan for the Overall development City of Kitchener CAD FILE - DEVELOPMENT SERVICES DEPARTENT SP.DWG Page 128 of 221 Figure 3: Front view of 59 Franklin Street South ,!@Now F; Ulu E�M "ME " . k - Figure 4: Front view of 55 Franklin Street South Page 129 of 221 V Figure 4: Front view of 54 Eighth Avenue t Figure 5: Front view of 50 Eighth Avenue Page 130 of 221 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject lands are designated `Commercial' in the City of Kitchener Official Plan. Lands located within the Commercial designation in the Official Plan may include dwelling units, where appropriate, provided they are located in the same building as compatible commercial uses and are not located on the ground floor. The City's Official Plan contains policies that speak to provision of housing, including redevelopment: Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium and vacant land condominium, as a means of increasing housing choice and diversity. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Policy 13.C.8.2 also 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 (TDM) measures or where sufficient transit exists or is to be provided. Based on the above policies, staff is of the opinion that the minor variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the parking requirement is to ensure that there are adequate parking spaces available for residents, visitors and customers needs of the property. The proposed residential uses are a form of affordable housing which results in a number of residents not owning a vehicle and using alternative modes of transportation. Furthermore, the provided parking is designed and shared with the intent that the parking can be used together between the 4 mixed use buildings. Transportation staff have further reviewed the parking study that was submitted by the applicant and are satisfied that the provided parking reduction that is requested will be sufficient parking on site to handle the various demands and uses on the subject property. Staff is of the opinion that the requested variances meet the general intent of the Zoning By-law. Page 131 of 221 Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the reduced parking requirement will not present any significant impacts to adjacent properties or the overall neighbourhood. Further the Parking Study, prepared by Paradigm, dated October 2023, submitted with the Minor Variance Applications, supports the reduction in parking. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the variances are desirable for the appropriate development and use of the lands, building and/or structure. The proposed variances support the creation of 4 mixed-use buildings containing a total of 240 residential units and commercial units. The reduction in parking will support more active transportation uses and promotes a healthier community. Environmental Planning Comments: No natural heritage concerns or tree management concerns. Heritage Planning Comments: No heritage planning concerns. Building Division Comments: The Building Division has no objections to the proposed variances. Engineering Division Comments: Engineering comments/concerns provided through SP20/075/F/AP (Approval — November 1, 2021) Parks/Operations Division Comments: Parks and operations have no concerns, or comments. Transportation Planning Comments: Transportation Services can support the request for a further reduction of vehicle parking for the subject properties. Given the type of development, the previous parking study undertaken for the proposed development, and the updated parking study prepared by Paradigm, dated October 2023, staff are confident that the provided parking will be enough to handle the demand for parking on-site. Staff also recommends that the applicant seek to expand their offering in regard to Class `A' secured bike parking. This can be secured through an updated Site Plan 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. Page 132 of 221 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2021-14 • DSD -2022-255 Page 133 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 134 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 135 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 136 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 137 of 221 copyright laws. Reproduction and/or distribution of this report without the written ed is prohibited. • ao---s aradIgm ,(NI" TRANSPORTATION SOLUTIONSLIMITED 55 Franklin Street South, Kitchener ON Parking Study & Transportation Demand Management Plan Paradigm Transportation Solutions Limited October 2023 Page 138 of 221 This report is protected by Canadian and International Project Number 200175 Date: October 2023 Version 1.0.1 Client Mike Maxwell 55 Franklin GP Inc. Client Contact Heather Price GSP Group 72 Victoria St S, Suite 201 Kitchener ON N2G 4Y9 Consultant Project Team Jim Mallett, M.A.Sc., P.Eng., PTOE Erica Bayley, P.Eng. Maddison Murch, P.Eng. 55 Franklin Street South, Kitchener ON Parking Study and Transportation Demand Management Plan �\A 1\0 'IF<< Original Signed By Erica Bayley, P.Eng. eoQ Disclaimer This document has been prepared for the titled project or named part thereof (the �\�c"project") and except for approval and commenting municipalities and agencies in their review and approval of this project, should not be relied upon or used for any other project without an independent check being carried out as to its suitability and prior Para gm Transportation Solutions Limited 5A-150 Pinebush Road Cambridge ON N1 R 8J8 p: 519.896.3163 www.ptsl.com written authorization of Paradigm Transportation Solutions Limited being obtained. Paradigm Transportation Solutions Limited accepts no responsibility or liability for the consequence of this document being used for a purpose other than the project for which it was commissioned. Any person using or relying on the document for such other purpose agrees and will by such use or reliance be taken to confirm their agreement to indemnify Paradigm Transportation Solutions Limited for all loss or damage resulting there from. Paradigm Transportation Solutions Limited accepts no responsibility or liability for this document to any party other than the person by whom it was commissioned and the approval and commenting municipalities and agencies for the project. To the extent that this report is based on information supplied by other parties, Paradigm Transportation Solutions Limited accepts no liability for any loss or damage suffered by the client, whether through contract or tort, stemming from any conclusions based on data supplied by parties other than Paradigm Transportation Solutions Limited and used by Paradigm Transportation Solutions Limited in preparing this report Paradigm Transportation Solutions t 139 0(221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Executive Summary Content Paradigm Transportation Solutions Limited (Paradigm) has been retained to conduct this Parking Study and Transportation Demand Management (TDM) Plan for a proposed affordable housing development located at 55 Franklin Street South in the City of Kitchener, Region of Waterloo. In October 2020, Paradigm completed a Parking Study and TDM Plan for the subject development. The purpose of the October 2020 study was to determine if the proposed parking supply can accommodate the anticipated parking demand for the proposed development based on off-site parking supply, auto ownership, policies within other Ontario Municipalities and transportation dem nd management measures This report serves as an update to the October 2020 study based on updated site statistics and reflects Minor Variance Application A2021- 011. r Development Concept The subject site is loca ed between Franklin Street South to the west and 8th Avenue to the east. The proposed development includes four buildings, with each building consisting of 60 affordable housing units and 3,423 square feet (318 square metres) of ground floor commercial for a total of 240 units and 13,692 square feet (1,272 square metres) of ground floor commercial. Vehicle access is proposed via one all -moves driveway onto Franklin Street South and one all moves driveway onto 8th Avenue. A total of 127 parking spaces is proposed for all four buildings (including ridential and commercial uses) with 63 surface spaces and 64 spaces within a parking structure. ;fusions Based on the investigations carried out, it is concluded that: Parking Requirement: As per Minor Variance Application A2021-011, the development requires a parking supply of 155 spaces between residential and retail uses. With 127 spaces proposed, this results in a potential shortfall of 28 parking spaces. Forecast Parking Demand Paradigm Transportation Solutions Limited ' P e 140 0 221 9 p �� 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. • Proxy Sites: The observed residential proxy site maximum parking demand is between 0.14 and 0.47 spaces per residential unit resulting in a forecast demand of between 34 and 113 spaces for the 240 units proposed at the development. In addition, Region of Waterloo tenant auto ownership information for affordable housing sites in Kitchener, Waterloo and Cambridge indicates a tenant demand of between 0.18 and 0.68 spaces per unit (43 and 163 spaces). Other Sources: A review of vehicle ownership provi`ed by the 2016 Transportation Tomorrow Survey suggests that the site's parking demand is 0.75 spaces per residential unit (180 spaces). The ITE Parking Generation Manual indicates a forecast parking demand is 0.53 spaces per residential unit (127 spaces) and 1.95 spaces per 1,000 square feet GFA for commercial uses (27 spaces), resulting in a total demand of 154 spaces. Other Municipalities: A review of policies within the Cities of Mississauga, Belleville, and Toronto, indicate a minimum parking demand between 0.01 to 0.90 spaces per residential unit for alternativj housing developments. On -S eetlPa in Supply: If visitors are unable to find g parking on-site or use sustainable modes, on -street parking is available within 200 metres of the subject site. ► ated Parking Demand: Given the results of the proxy suieys, auto ownership and ITE rates, the maximum parking Mand for the residential portion of the site is between 0.14 nd 0.75 spaces per unit (34 and 180 spaces) and 1.95 spaces per 1,000 square feet GFA for the commercial portion (27 4espaces) for a total between 61 and 207 spaces. It is noted that the proposed uses on-site are complimentary which means that peak parking demand occurs at different times during the day reducing the need to accommodate the maximum demand for both uses at the same time. Proposed TDM Measures: The following TDM measures are proposed at the development or are located nearby: • A total of 142 bicycle parking spaces provided on site including 132 Class A and 10 Class B spaces; Internal sidewalks with connections to the existing municipal sidewalk; Paradigm Transportation Solutions Limited R ie 141 0(221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. • Access to multiple transit routes that provide good connectivity to the broader network; and 0 Parking unbundled from the sale/rent of each unit. City of Kitchener TDM Checklist: Under the City of Kitchener PARTS program, the development is potentially eligible for a parking reduction of approximately 14% (21 spaces) based on the provision of unbundled parking and active uses at -grade, resulting in a requirement of 134 spaces. The addition, of the following TDM measures can further support a reduction in required parking resulting in a 26% reduction resulting in a requirement of 115 spaces: • Provision of one residential carshare space in a priority location on-site; it ALI,`'N • Provision of one non-residential ride share parking space in a priority location on-site; and • Provision of subsidizeedd transit passes for all occupants. Additional TDM measures beyond what is included in the TDM checklist are as follows: Lighting and weather protection be provided on site at main entrances and other pedestrian accesses; • Transit and active transportation information be promoted through a welcome package and information posted in commzn areas on-site; DMegating an interested individual, or require the property manager to act as a coordinator for the TDM measures; and the surface level parking spaces be shared between commercial customers, visitors, and residents. pcornmendations Based on the findings of this study, it is recommended that the application be approved with the proposed parking supply. It is further recommended that the owner consider implementing the additional TDM measures listed above to further promote the use of alternative modes. Paradigm Transportation Solutions Limited FP e 142 0(221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Contents 1 Introduction................................................................1 1.1 Overview...................................................................................1 1.2 Purpose and Scope..................................................................1 2 Existing Conditions ..................................... ............3 2.1 Existing Roadways ............................................ 2.2 Transit Service ..................................................... .. .........3 3 Development Concept ................... ... . .............6 3.1 Development Description ..................... ... .........................6 4 Parking .................................. .............................8 .. 4.1 Proposed Parking Supply......... .. ...............................8 4.2 Parking Requirements ..... ... .... ........................................8 4.3 Forecast Parking Deman..........................................8 4.3.1 Proxy Sites ................. A*1111%.L...................................................8 4.3.2 Area -Specific Auto Ownership.. ..............................9 4.3.3 Area -Specific Mode Share.....................................................9 4.3.4 ITE Parking Demand................................................................10 4.4 Other Municipalities...............................................................11 4.4.1 City of Mississauga Non -Profit Housing Parking Guidelines ....11 4.4.2 City of BelleXille Parking Requirements for Affordable Housing ..................:'----.. 01 ....................................................................... 12 4.4.3 City of Toronto Zoning By-law..................................................12 4.5 Shared Parking.......................................................................13 4.6 On -Street Parking Supply......................................................16 4.7 Summary.................................................................................18 ransportation Demand Management .................... 19 Existing Strategies.................................................................19 .1 Cycling......................................................................................19 5.1.2 Walking.....................................................................................20 5.1.3 Transit......................................................................................20 5.1.4 Parking Management...............................................................21 5.2 Alternative Strategies.............................................................22 5.2.1 On -Site Transit and Active Transportation Support..................22 5.2.2 TDM Coordinator......................................................................22 5.2.3 Car Share Program..................................................................22 5.3 TDM Checklist Assessment...................................................23 5.4 TDM Summary........................................................................26 6 Conclusions and Recommendations .....................27 6.1 Conclusions............................................................................27 Paradigm Transportation Solutions Limited 143 0(221 9 p �� 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 6.2 Recommendations.................................................................29 Appendices Appendix A Pre -Study Consultation Appendix B Proxy Site Parking Data Appendix C TTS Data Appendix D TDM Worksheet Figures Figure 1.1: Figure 2.1: Figure 3.1: Figure 4.1: Figure 4.2: Figure 5.1: Tables Table 4.1: Table 4.2: Location of Subject Site .......... ... ...........................2 Existing Transit Network ...4 .... ... ........................5 Proposed Site Plan .......... ..... ...............................7 Shared Parking Profile........:.. .............................15 On -Street Parking Supply.........................................17 PARTS Study Area....................................................25 ProxySites...................................................................8 ITE Parking Demand Estimate..................................10 Paradigm Transportation Solutions Limited I Rg-l@e 14 221 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 1 Introduction 1.1 Overview Paradigm Transportation Solutions Limited (Paradigm) has been retained to conduct this Parking Study and Transportation Demand Management Plan for a proposed affordable housing development located at 55 Franklin Street South in the City of Kitchener, Region of Waterloo. Figure 1.1 details the subject development location. 1.2 Purpose and Scope V IIIIIIIi�r, The purpose of this study is to review the ade uacy of the proposed parking supply and to identify Transportation emand Management (TDM) measures to support the reduced parking supply and further promote the use of alternative modes of travel to and from the site. The scope of the study, developed in c sultation with the City of Kitchener staff via e-mail in May 2020, inclu Assessment of the current parking and alternative mode resources within the study area; Review of parking requirements; Estimates of parking demand based on data collected at similar proxy sites industry publications and vehicle ownership; ► Availab nearby on -street parking for short-term needs; ► Evaluation of proposed Transportation Demand Management measures; and Recommendations on preferred measures to support the reduction in parking supply. Appendix A contains the pre -study consultation material and responses from the City of Kitchener. Paradigm Transportation Solutions Limited I I%kge 14 221 paradigm igLIMITED m Location of Subject Site 55 Franklin Street South, Kitchener PS & TDMP 200175 Page 146 of 221 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 2 Existing Conditions 2.1 Existing Roadways The main roadways near the subject site include: Franklin Street South is a north -south collector road' with a two-lane cross section fronting the subject site. This roadway has a posted speed limit of 40 km/h south of Kingsway Drive and 50 km/h to the north. Designated bike lanes are provided along this roadway just north of Kingsway Drive, on the Highway 8 bridge. No visible cycling facilities are provided elsewhere. Sidewalks are provided on both sides of this roadway. IN 8th Avenue is a north -south local road with a two-lane cross section. This roadway has a posted spee4limit of 40 km/h. No visible cycling facilities are present along this roadway. Sidewalks are provided on the east side of this roadway. The surrounding land uses include residential to the south and west, and commercial/industrial to the north and east. %; 2.2 Transit Service Grand River Tr it (GRT) currently operates two routes within the surroundinga gure 2.1 illustrates the existing transit network within proxiimit e subject site. The two routes include the following: J* Route 7 King operates along Connaught Street with major stops at Fairway Station and Conestoga Station. This route operates Monday to Friday with 15 -minute headways (5:30AM — 1:OOAM), Saturday with 15 -minute headways (5:40AM — 4e'` 12:40AM), Sunday with 15 -minute headways and Holiday with 30 -minute headways (8:OOAM — 12:40AM). The nearest stop is located at the intersection of Franklin Street South and Connaught Street (190 metres from the subject site). Route 28 Franklin North operates along Kingsway Drive with major stops at Fairway Station and Stanley Park. This route operates Monday to Friday with 30 -minute headways (6:OOAM — 12.00AM), Saturday with 30 -minute headways (6:30AM — 12:OOAM), Sunday with 30 -minute headways and Holiday with 60 -minute headways (8:OOAM — 12:30AM). The nearest stop is 1 IBI Group, City of Kitchener Transportation Master Plan, June 2013. Paradigm Transportation Solutions Limited 147 0 221 9 p �� 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. located on Franklin Street North between Weber Street East and Kingsway Drive (220 metres from the subject site). Paradigm Transportation Solutions Limited I [R@ge 144221 Thiiireport is protected by C dian and In nal copyright laws. Reproduction and/ F trib,1 T' i without the written permission of Paradigm Tr ortatio'S....2 So� invited is prohibited. ti57Mr. � f Cry `IL /04, e, F . . ME - of Block Lire 1'Flyd 0.1re' 11' AW. a9 Enlerm .0 }rc , 1 J4re p fir.{ Subject Site SKM 28 y {y St �� `tea rsJk Ike '• NTS Imagerso'dree: Grand Per Tran paroadig�m 55 Franklin Street South, Kitchener PS & TDMP 200175 Existing Transit Network Page 149 of 221 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 3 Development Concept 3.1 Development Description The subject site is located between Franklin Street South to the west and 8th Avenue to the east. The proposed development includes four buildings, with each building consisting of 60 affordable hou ing units and 3,423 square feet (318.0 square metres) of ground floo commercial for a total of 240 units and 13,692 square feet: 2 square metres) of ground floor commercial. Vehicle access is proposed via one all -moves driveway onto Franklin Street South and one all moves driveway onto 84 Avenue. A total of 127 parking spaces is proposed for all fou(32e)spaces gs (including residential and commercial uses) with 63 and 64 spaces within a parking structure. Figure 3.1 shows the development concept. D �o Paradigm Transportation Solutions Limited I [Rg—Qe 154221 ( � N N 0 LO ¢ 2 n � � � 3 2= 4- _ / } \ - \ /2 /f\22- W % \00CD \CD LL ± 3c2 4 \ \ Q saa®=` c =y:>=cLL f ` j�=%©G® CL of \ R © �© // /=<='T ( � N N 0 LO ¢ 2 n � 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 4 Parking 4.1 4.2 4.3 4.3.1 Proposed Parking Supply A total of 127 parking spaces is proposed including 63 surface level parking spaces and 64 spaces within a parking structure. Parking Requirements As per Minor Variance Application A2021-011, the development requires a parking supply of 155 spaces between residential and retail uses. With 127 spaces proposed, this results in a potential shortfall of 28 parking spaces. Forecast Parking Demand Proxy Sites To better understand the actual parking demand that can be expected for the residential component of this development, parking occupancy data was reviewed at five different affordable housing sites in Kitchener, Cambridge, Ajax and Barrie. Table 4.1 summarizes the available parking supply and observed demand for each development. ABLE 4.1: PROXY SITES Number—Vw\a The developments have an observed maximum parking demand of between 0.14 to 0.47 spaces per unit, with an average of 0.35 spaces per unit. The above developments, except for the sites in Ajax and Barrie, are Waterloo Region Housing (WRH) properties. In addition to the above survey data, the Region of Waterloo provided tenant auto ownership data for affordable housing developments in Cambridge, Kitchener and Waterloo. The data indicates a range of between 0.18 and 0.68 spaces per unit, for tenants only. Paradigm Transportation Solutions Limited I 152 0 221 9 p of Units Spaces Rate .. Rate .. 175 Hes eler Rd, Cambridge October 2022 34 19 0.56 11 0.32 181 Courtland Ave E, Kitchener October 2022 43 22 0.51 15 0.35 20 Union Ln, Kitchener October 2022 30 32 1.07 14 0.47 50 Station St, Nax May 2014 84 22 0.26 12 0.14 14 Worsley St, Barrie February 2018 115 116 1.01 52 0.45 Average 0.68 0.35 The developments have an observed maximum parking demand of between 0.14 to 0.47 spaces per unit, with an average of 0.35 spaces per unit. The above developments, except for the sites in Ajax and Barrie, are Waterloo Region Housing (WRH) properties. In addition to the above survey data, the Region of Waterloo provided tenant auto ownership data for affordable housing developments in Cambridge, Kitchener and Waterloo. The data indicates a range of between 0.18 and 0.68 spaces per unit, for tenants only. Paradigm Transportation Solutions Limited I 152 0 221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. The parking occupancy and auto ownership data is provided in Appendix B. 4.3.2 Area -Specific Auto Ownership The need for parking is based in part on auto ownership rates. The most recent Transportation Tomorrow Survey (TTS)2 (a household travel survey conducted within the Greater Golden Horseshoe by the Data Management Group at the University of Toronto) provides data with respect to the number of vehicles owned by private households within Waterloo Region in 2016. A review of vehicle ownership provided by the 2016 TTS for zones within the subject site area (GTA 2006 zone 7170, 7172, 7177, 7178, 7180, 7191, 7192 and 7195) suggests that approximately 26% of residents living in apartment units do not own a, hicle. The survey results can conclude that the actual vehicle ownership is 0.95 vehicle per unit for apartment dwellers in the surrounding area. Applying income constraints (yearly income of less than $40,000) to the 2016 TTS data for the same area as above, reduces the auto ownership to 0.75 vehicles per unit for apartment dwellers. In addition, approximately 33% of residents do not own a vehicle under these income constraints. Applying the low-income vehicle ownership data to the proposed development, the potential parking demand is estimated to be 180 spaces, resulting in a deficit of 53 spaces. Appendix C contains the TTS data. 4.3. ea -Specific Mode Share The use and reliance on non -auto modes is also an important consideration. A review of travel characteristics provided by the 2016 Transportation Tomorrow Survey (TTS) for apartment dwellers living in the area surrounding the site indicates that 16% of travel undertaken is by non -auto means (11 % transit, 4% walking and 1 % cycling). z Data Management Group, Transportation Tomorrow Survey 2016, University of Toronto, 2016. http://www.transportationtomorrow.on.ca/ Paradigm Transportation Solutions Limited 153 0 221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 4.3.4 ITE Parking Demand The Institute of Transportation Engineers (ITE) Parking Generation Manual (5th Edition 3) provides data on surveys across the USA and Canada of peak parking demand for different land uses. The parking demand for the subject site has been estimated using the average rates for land use code (LUC) 223 (Affordable Hou ing) and LUC 820 (Shopping Centre). As the subject site is in an area th access to frequent transit and good pedestrian connectivity, the location/setting of Dense Multi -Use Urban was used for LUC 223. Table 4.2 summarizes the forecast parking demand based on ITE rates. TABLE 4.2: ITE PARKING DEMAND ESTIMATE Dense Multi -Use Urban The ITE parking rates are noted to be lower than the parking requirement of 155 par ing spaces by one space. It is noted that the�etail rate used in Table 4.2 reflects nearly complete reliance on auto modes and are for a standalone building mainly attracting residents from surrounding areas. It is anticipated that these rates would be reduced given the surrounding residential uses and likely synergy within a mixed-use site. 3 Institute of Transportation Engineers, Parking Generation, 5th ed., (Washington, DC: ITE, 2019). Paradigm Transportation Solutions Limited I PReagle 154221 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 4.4 Other Municipalities In recent years, some Canadian municipalities have reviewed and updated their off-street vehicle parking requirements. These updates reflect the growth of sustainable transportation options and their impacts on parking rates. Some notable examples are discussed in this section. These updates demonstrate that the relaxing of minimum parking requirements for new developments is becoming an increasingly common practice for Canadian municipalities. 4.4.1 City of Mississauga Non -Profit Housing Parking Guidelines In 2005, the City of Mississauga released the Mississauga Parking Guidelines for Public and Private Non -Profit Housing Report 4. This study provides information on parking demand for public and private non-profit housing developments. The study concluded that fewer parking stalls were needed for residents and visitors than their Zoning By-law required for certain non-profit housing providers and specific built forms. Further in 2020, the City initiated a parking regulations study and in 2021 prepared drat"parking regulation policies for consultations. Through this review,,,a reduced parking rate for affordable housing was supported and policy direction was to introduce affordable housing parking requirements within the Zoning By -Law. This included recommendations for parking rates at 50% lower than the conventional housing category in Precinct 1 and 30% less in all other precincts, and a rate of 0.10 spaces per unit for assisted/alternative housing. CF%INnagothis study, the City of Mississauga updated the parking equirements within their Zoning By -Law in June 20226 to reduce rates for residential uses including non-profit housing and transitional housing. Depending on the location of the development within the City, parking is required at 0.60 to 0.90 spaces per non-profit housing unit within an apartment building and 0.25 to 0.35 spaces per non-profit housing unit in a retirement building. Additionally, 0.10 spaces per unit is required for transitional housing. 4 City of Mississauga, Parking Guidelines for Public and Private Non -Profit Housing — Report on Comments, 11 October 2005. 5 City of Mississauga, Parking Regulations Study, May 2021. 6 City of Mississauga, Zoning By -Law 0225-2007 Paradigm Transportation Solutions Limited P 155 0 221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 4.4.2 City of Belleville Parking Requirements for Affordable Housing The City of Belleville in coordination with Dillon Consulting Ltd. produced the Guidelines for the Reduction of Parking Requirements for Affordable Rental Housing? in January 2020. The purpose of the report was to guidance on granting variances for the reduction of parking spaces for affordable housing. Based on case studies within Peterborough, Belleville, and suburban Ottawa and the city ore of Ottawa, suggested parking rates were developed for the City surrounding neighbourhood For walkable and transit accessible neighbourhoods, a variance should be granted for affordable rental housing that achieves a parking rate between 0.5 and 0.75 parking spaces per unit For neighbourhoods that are less walkable and less transit accessible parking variances should be granted at a parking rate of between 0.75 and 1.00 spaces per unit. IL il` A neighbourhood is considered walkable if amenities that may meet the daily needs of a tenant are within 5 to 10 -minute walking distance (400-800 metre radius) of the proposed development. A neighbourhood is considered transit accessible if transit is offered within a 5 to 10 -minute walk (400-800 metre radius) of the proposed development. ,,� As the proposed evelopment is considered to be walkable and transit accessibla rate of 0.5 to 0.75 parking spaces per unit would be grant, variance under these guidelines. 4.4.3 City Toronto Zoning By-law The City of Toronto Zoning By-law 569-20138 provides parking requirements for the Assisted Housing and Alternative Housing land uses. In February 2022, the City of Toronto passed an amendment9 to Zoning By -Law 569-201310 to update parking requirements. This amendment was based on a recommendation made in November 202111 to eliminate minimum parking requirements for new developments to discourage auto dependency and prioritize the use of active transportation and transit modes. City of Belleville & Dillon Consulting Ltd. Guidelines for the Reduction of Parking Requirements for Affordable Rental Housing, January 2020. 8 City of Toronto Zoning By -Law 569-2013 9 City of Toronto By -Law 89-2022. 10 City of Toronto Zoning By -Law No. 569-2013. " City of Toronto, Report for Action Recommended Parking Requirements for New Development, November 2021. Paradigm Transportation Solutions Limited P 156 0 221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. The amendment removed most minimum parking requirements for new developments, except for visitor and accessible parking, and allows for maximum parking requirements instead. The November 2021 recommendation also acknowledges that "housing affordability is a significant challenge" with high costs of constructing and maintaining parking, and "minimum parking requirements limits households' ability to avoid those costs". Depending on the location of the development within the Cit , e following maximum parking rates apply: Assisted Housing: 0.30 - 0.80 spaces per bachelor unit up t 5 sq.m, 0.50 - 0.90 spaces per one -bedroom unit*,* 0 0.80 - 1.00 spaces per two-bedroom unit; and 1.00 - 1.20 spaces per t e edroom unit. Alternative Housing: ces per unit. Visitor parking for the aboveuses is required at a minimum rate of 2 spaces and between 0.01 and 0.05 spaces per unit, and a maximum rate of 1.00 space permit for the first five units and 0.10 spaces per unit for subsequent units. j 4.5 Shared Parkin X</ Parking usage in mixed-use developments vary by time of day, therefore creating the opportunity for sharing the parking allocation between different uses. %k \ 11 _.., C The Urban Land Institute Shared Parking Manual 12 provides a he for estimating shared parking supply based on variation of parking demands at different times of the day. In addition to avoiding conflict or encroachment, shared parking avoids an oversupply of parking based on independent assessment of parking demands for complementary uses. Figure 4.1 shows the combined demand parking profiles for residential and commercial uses in the subject development. The peak parking demands shown for each use are based on the ITE parking demand outlined in Section 4.3.4. The anticipated peak demand for the subject 12 Mary S. Smith, Shared Parking, 3rd ed., (Washington, DC: Urban Land Institute, ICSC, and National Parking Association, 2020). Paradigm Transportation Solutions Limited P ea 157 0(221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. development is 127 spaces overnight and is 27 spaces less than the ITE parking demand of 154 paces. It should be noted that the shared parking demand variation shown in Figure 4.1 is based on developments in a suburban context with near total reliance on auto -mode usage. The surface parking spaces on-site have the potential to serve visitors, commercial parking, and residents as the parking demand between proposed uses are complimentary. The surface parking spaces could serve commercial customers and visitor parking during the daytime and act as overflow resident and visitor parking o nig Paradigm Transportation Solutions Limited I PRagge 154221 I O Q 66 O Q O CO Q O O O O O O O N O o0 c0 qt N pul3wa4 C Y C � i o n oN N N 4- 0 a7 LO r N O) O C? N Q v� O O O C? L- w O O O d 0— —O C) O L 60 -CL C) ao o }L� V N C) N ^�^ LL 1 c co C) io O c 4 n O O O O O O O N O o0 c0 qt N pul3wa4 C Y C � i o n oN N N 4- 0 a7 LO r N O) 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 4.6 On -Street Parking Supply If visitors are unable to find parking on-site or use sustainable modes, approximately 161 on -street parking spaces are available within 200 metres of the subject site. The on -street spaces within 200 metres of the subject site have no signage present and therefore have a restriction of three hours and overnight parking is permitted from April to November e h y 13 Figure 4.2 illustrates the parking located within 200 metr o the subject site. 13 City of Kitchener Parking Regulations (https://www.kitchener.ca/en/getting-around/parking- regulations.aspx#) Paradigm Transportation Solutions Limited I PRage 1 6C4221 ed by Cary dian and International copyright laws. Reproduction and/o,,. distribution of this report without the written t` " 7U!I iq Solutio is Limited is prohibited. x A►� ip dry � r � 4 9 - 30 �►� Subject aIII � Site Joz All 24 19 16 8X 2 *, On -Street Parking ONumber of Spaces _ 200 metre Radius paroadig�m On -Street Parking Supply 55 Franklin Street South, Kitchener PS & TDMP 200175 Page 161 of 221 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 4.7 Summary The development at 55 Franklin Street South proposes a parking supply of 127 spaces between surface parking and a parking structure. Based on a requirement of 155 spaces, this is a deficiency of 28 spaces. Based on the discussion in Section 4, the parking demand for the subject site has been estimated using the following methodologies: Proxy site data collected at five separate affordable housing sites in Cambridge, Kitchener, Ajax and Barrie showed maximum parking demand rates between 0.14 and 0.47 spaces per residential unit. Tenant auto ownership data for affordable housing developments in Cambridge, Kitchener and Waterloo indicate a range of between 0.18 and 0.68 spaces per unit, for tenants only. Additional sources such as TTS auto ownership and ITE indicate rates of 0.75 and 0.53 spaces per residential unit, respectively. For the commercial portion of the site, ITE indicates a rate of 1.95 spaces per 1,000 square feet GFA. Based on sources from other municipalities in Ontario including the Cities of Mississauga, Belleville and Toronto, a minimum requirement of between 0.01 and 0.90 spaces per residential unit is noted. ► Should the site's parking demand exceed the supply, the surrounding roadways can assist in accommodating visitor parking demands. Liven the results of the proxy surveys, auto ownership and ITE rates, the maximum parking demand for the residential portion of the site is between 0.14 and 0.68 spaces per unit (34 and 163 spaces) and 1.95 spaces per 1,000 square feet GFA for the commercial portion (27 spaces) for a total between 61 and 190 spaces. It is noted that the proposed uses on-site are complimentary which means that peak parking demand occurs at different times during the day reducing the need to accommodate the maximum demand for both uses at the same time. Paradigm Transportation Solutions Limited P ea 162 0(221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 5 Transportation Demand Management Transportation Demand Management (TDM) refers to ways of making the capacity of our roads more efficient by reducing vehicle demand. TDM approaches consider how people's choices of travel mode are affected by land use patterns, development design, parking availability, parking cost, and the relative cost, convenience, and availability of alternative modes of travel. Various TDM strategies are used to influence those factors so that the alternatives are more competitive with driving alone and potentially reduce reliance on motor vehicles. TDM strategies at a development can be divided into two basic categories - Pre -occupancy: things that need to be done while a development is being designed and built; and Post -occupancy: things that can be done once people are using the development. The pre -occupancy actions are critical as they are most likely to determine how attractive, convenient, and safe alternative travel will be once the site is occupied. Before a site is occupied, it can be designed to be convenient and safe for pedestrians and cyclists, and vehicle parking can be provided to meet but not exceed demand. After the development is built, incentives can be offered, but those incentives will not work as well if the site and its surroundings are oriented to cars. The incentives generally include subsidies to use transit, access to rideshare programs, and information about where and how to use alternatives. 5.1 zisting Strategies The following strategies and tools already exist in the surrounding area, including existing pedestrian and transit facilities, or can be implemented into the site design to support the reduced parking supply and encourage the use of alternative modes of transportation. 5.1.1 Cycling The development is proposing 142 bicycle parking spaces on-site including 132 Class A spaces and 10 Class B spaces. As per Minor Variance Application A2021-011, the site requires 132 Class A spaces between residential and retail uses on-site. Zoning By- law 2019-051 requires 10 Class B spaces (4 retail and 6 residential). Paradigm Transportation Solutions Limited P ea 163 0(221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. The Zoning By-law defines Class A bicycle parking as "a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle" and Class B bicycle parking as "an area in which a bicycle may be parked and secured for the short term in a table position with two points of contact with the frame of the bicycle" A total of 142 bicycle parking spaces is required on-site, meeting the proposed supply. 5.1.2 Walking The pedestrian accessibility of a development is essential in helping to ensure that those that can walk, have access to accessible pedestrian connections. The site plan includes internal sidewalk connections to the existing municipal sidewalk along Franklin Street South and connections to a new sidewalk on the west side of Eighth Avenue fronting the subject site. The subject site is within one kilometre of many retail establishments such as grocery stores, restaurants, pharmacies, etc. located along Weber Street E north of the site. To further enhan he attractiveness of walking, property lighting should be provided n site and near all building entrances and exits. Weather protection at the buildings main entrances should also be provided by an overhang or stand along structure. 5.1.3 a I e availability of convenient and desirable transit options can reduce thl number of person automobile trips. As discussed in Section 2.2, public transportation is provided via Route 7 and 28: The nearest Route 7 stop is located at the intersection of Franklin Street South and Connaught Street (190 metres from the subject site). A bus shelter/seating is available for the stop on the south side of Connaught Street. No shelter or seating is available for the stop on the north side of Connaught Street. The nearest Route 28 stop is located on Franklin Street North between Weber Street East and Kingsway Drive (220 metres from the subject site). No shelter or seating is available for either stop. Paradigm Transportation Solutions Limited P 164 0 221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. These routes are easily accessible as the existing sidewalks along Franklin Street South provide connections from the subject site to the nearby bus stops. These routes provide good connectivity to the broader network and key destinations within the Region including malls, downtown areas, and universities/colleges. Both routes provide connections to Fairview Park Mall/Fairway Station which provides access to the Light Rail Transit (LRT) network. The Fairway Station is approximately 1.8 kilometres from the subject site, and approximately 22 -minute walk or 5 -minute transit ride on Route 7. 5.1.4 Parking Management The owner will be providing parking at the development unbundled from the units. Most apartment buildings and condominium complexes include the price of parking in the rent or purchase price of the unit, a practice known as bundled parking. This practice assumes that all residents have the same demand for parking, and they all bear the cost through their rent or purchase. This practice fails to reward those who do not own a car and who provide social benefits by their non - auto travel choice. When parking is unbundled, the price of the parking space(s) is separated from the rent or purchase price and allows residents t ay only for parking that they need. Unbundling means that par g is rented or sold separately, rather than automatically d with building space. Parking can be unbundled in several wa: o. Property managers can unbundle parking when renting building space; Developers can make some or all parking optional when selling buildings; In some cases, it may be easier to offer a discount to renters who use fewer than average parking spaces, rather than charging an additional fee; ► Parking costs can be itemized in lease agreements to help renters understand the parking costs they bear, and to help them negotiate reductions; and Informal unbundling can be encouraged by helping to create a secondary market for available spaces. If it is found that not all parking spaces are utilized, then the vacant spaces can be converted to bicycle storage or carshare spaces. Paradigm Transportation Solutions Limited P 165 0 221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 5.2 Alternative Strategies The following sections include additional measures that the owner/developer could provide to further support TDM measures and a reduction in parking on the site. 5.2.1 On -Site Transit and Active Transportation Support Increasing awareness of sustainable transportation opportunities for residents and visitors of the development should be considered by the developer. The owner could investigate the feasibility of providing residents with a welcome package that outlines the available transit routes and active transportation options within proximity to the subject site. In addition, transit and active transportation information could be provided in common areas within each of the four buildings. 5.2.2 TDM Coordinator Delegating an interested individual or the property manager to act as a coordinator for the TDM measures can support the continuity of the programs. The TDM coordinator can provide information for the Car Share program and administer access to the secured bicycle parking. It is expected that a representative of the City of Kitchener will be available to a sist the TDM coordinator to help get the programs started duringhe early stages of operations. Im - 5.2.3 Car Share Program Car sharing refers to automobile rental services intended to substitute (for private vehicle ownership. It makes occasional use of a vehicle affordable, even for low-income households, while providing an incentive to minimize driving and rely on alternative travel options as much as possible. Where car sharing services are available, some households reduce their vehicle ownership, either shifting from two to one vehicle, or from one to zero vehicles. The use of car share benefits employees, residents, and visitors. By providing this type of mode share on site, lower automobile ownership rates and parking requirements can be further obtained. Residents of the buildings could choose to use walking, transit or cycling as their primary mode of travel and utilize the car share as secondary mode of travel. Paradigm Transportation Solutions Limited P 166 1221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. The availability of a car share space in a premium location on-site allows residents who normally would not need a vehicle for their daily activities to be comfortable with the decision to not own a vehicle. 5.3 TDM Checklist Assessment The City of Kitchener has developed a "TDM Checklist" as part of their "Planning around Rapid Transit" (PARTS) program. PARTS was created to assist in assessing whether developments are planned in such a manner to support the overall objectives of the City to increase transit use and to reduce single occupant vehicle (SOin (el14. It is noted that the program does not account for a i due to affordable housing. Figure 5.1 displays the PARTS study area and the development's respective location. Under the PARTS program, the development is eligible for a parking reduction of approximately 3% (6 spaces) based on the mixed-use nature of the site. This reduction is only applicable if all parking spaces are to be shared with no reservations between user groups. Additionally, the development is eligible for a parking reduction of approximately 11 % based upon TDM initiatives such as provision of active uses a -grade along street frontages (1 space) and unbundled parking (14 s es). Overall, the subject site is eligible for an approximate 14% reduction resulting in a requirement of 134 parking spaces from the requirement of 155 spaces. CA*ppendix D contains the City of Kitchener PARTS TDM Checklist. The following features in the checklist are unknown at this time, if these features can be confirmed by the developer, additional reductions could be achieved: Provision of one residential carshare space in a priority location on-site (4 space reduction); Provision of one non-residential ride share parking space in a priority location on-site (1 space reduction); and 14 City of Kitchener, Planning Around Rapid Transit Stations (PARTS), Transportation Demand Management Strategy Phase 2, August 2014. Paradigm Transportation Solutions Limited P ea 167 0221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Provision of subsidized transit passes for all occupants (14 space reduction). If the above measures are incorporated into the development plan, a 26% reduction would be achieved resulting in a requirement of 115 spaces. Paradigm Transportation Solutions Limited I PRage 1 4 221 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 5.4 TDM Summary Based on the details outlined above the following strategies will help support the use of alternative modes of transportation and reduce the parking demand on site: Providing 132 Class A bicycle parking spaces will be located in a secure location and 10 Class B bicycle parking spaces will be located in an accessible location surrounding the buildings; Lighting be provided near entrances/exits and along pedestrian routes throughout the site to support pedestrian activity; Weather protection installed at main entrances; Grand River Transit should continue to monitor ridership levels on Routes 7 and 28 to ensure appropriate amenities are in place including weather protected waiting areas; Providing unbundled parking spaces to support tenants who choose not to own a vehicle; Consideration given to offering transit, car share, and active transportation information in a welcome package to new tenants and posting the information in a central location to further support all alternative modes; Delegati aX coordinator, either an interested individual or proper4 ag r, to support all on-site TDM programs; Considerk given to offering a car share space in a premium location on site to support those who choose not to own a car; an u Ice parking spaces be shared between commercial customers, visitors, and residents. Paradigm Transportation Solutions Limited I Paa@e 1 221 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 6 Conclusions and Recommendations 6.1 Conclusions Based on the investigations carried out, it is concluded that: Parking Requirement: As per Minor Variance Application A2021-011, the development requires a parking supply of 155 spaces between residential and retail uses. With 127 spaces proposed, this results in a potential shortfall of 28 parking spaces. Forecast Parking Demand Proxy Sites: The observed residentiaoxy site maximum parking demand is between 0.14 and 1.47 spaces per residential unit resulting in a forecast demand of between 34 and 113 spaces for the 240 units proposed at the development. 4L A.- 4' In addition, Region of Waterloo tenant auto ownership information for affordable housing sites in Kitchener, Waterloo and Cambridge indicates a tenant demand of between 0.18 and 0.68 spaces per unit (43 and 163 spaces). Other Sources: A review of vehicle ownership provided by the 2016 Transportation Tomorrow Survey suggests that the site's parking demand is 0.75 spaces per residential unit (180 spaces). The ITE Parking Generation Manual indicates a forecast parking demand is 0.53 spaces per residential unit (127 spaces) and 1.95 spaces per 1,000 square feet GFA for 4w' Other Municipalities: A review of policies within the Cities of Mississauga, Belleville, and Toronto, indicate a minimum parking demand between 0.01 to 0.90 spaces per residential unit for alternative housing developments. On -Street Parking Supply: If visitors are unable to find parking on-site or use sustainable modes, on -street parking is available within 200 metres of the subject site. commercial uses (27 spaces), resulting in a total demand o 154 spaces. f Estimated Parking Demand: Given the results of the proxy surveys, auto ownership and ITE rates, the maximum parking demand for the residential portion of the site is between 0.14 and 0.75 spaces per unit (34 and 180 spaces) and 1.95 spaces per 1,000 square feet GFA for the commercial portion (27 spaces) for a total between 61 and 207 spaces. It is noted that Paradigm Transportation Solutions Limited P ea 171 0(221 9 p 55 Franklin Street South, Kitchener ON PS & TDMP 200175 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. the proposed uses on-site are complimentary which means that peak parking demand occurs at different times during the day reducing the need to accommodate the maximum demand for both uses at the same time. Proposed TDM Measures: The following TDM measures are proposed at the development or are located nearby: • A total of 142 bicycle parking spaces provided on site including 132 Class A and 10 Class B spaces; • Internal sidewalks with connections to the existing municipal sidewalk; • Access to multiple transit routes that lqeovide good connectivity to the broader network; a • Parking unbundled from the sale/rentlkf each unit. City of Kitchener TDM Checklist: Under the City of Kitchener PARTS program, the development is potentially eligible for a parking reduction of approximately 14% (21 spaces) based on the provision of unbundled parking and active uses at -grade, resulting in a requirement of 134 spaces. The addition, of the following TDM measures can further support a reduction in required parking resulting in a 26% reduction resulg in a requirement of 115 spaces: • Provision of,Qne residential carshare space in a priority locion on-site; • vision of one non-residential ride share parking space in priority location on-site; and rovision of subsidized transit passes for all occupants. dditional TDM measures beyond what is included in the TDM checklist are as follows: r` Lighting and weather protection be provided on site at main entrances and other pedestrian accesses; • Transit and active transportation information be promoted through a welcome package and information posted in common areas on-site; • Delegating an interested individual, or require the property manager to act as a coordinator for the TDM measures; and • The surface level parking spaces be shared between commercial customers, visitors, and residents. Paradigm Transportation Solutions Limited P ea 172 0221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. 6.2 Recommendations Based on the findings of this study, it is recommended that the application be approved with the proposed parking supply. It is further recommended that the owner consider implementing the additional TDM measures listed above to further promote the use of alternative modes. Paradigm Transportation Solutions Limited P ea 173 0(221 9 p 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Appendix A Pre -Study Consultation Paradigm Transportation Solutions Limited AppeRdage 1 7 221 MaxWisPm iMVVC1W by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written From: Steven Ryder <Steven.Ryder@kitchener.ca> Sent: June 3, 2020 2:28 PM To: Maddison Murch Cc: Erica Bayley Subject: RE: 200175: 55 Franklin St S, Kitchener Pre -Study Consultation Hi Maddison, I do not have any other concerns with the zoning by-law info, I wanted to confirm if Planning was r ui his site plan to meet the existing zoning by-law, but Katie Anderl informed me that the plan is to wait until t ne by-law has kicked in. Let me know if there is anything else I can do. Thanks, Steven Ryder Traffic Planning Analyst I Transportation Services I City of Kit ene 519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven.R der itche er.ca Nwof HA Please consider the environment before printf6th, . From: Steven Ryder Sent: Tuesday, June 02, 20204:45 PM ,,Ow To: 'Maddison Murch' <mmurch@ptsl Cc: Erica Bayley <ebayley@ptsl.com Subject: RE: 200175: 55 FranklhbtS,-KOitcenerPre-Study Consultation Good afternoon Maddison, 10 My apologies for I am just tryin issues wi b If you have Thanks, Steven Ryder was out of the office last week. item regarding the zoning by-law points, but other than that I do not have any other !d. I will follow up with you once I confirm. her questions or concerns, please let me know. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext 71521 TTY. 1-866-969-9994 1 Steven.Ryder(a�kitchener.ca Page 175 of 221 QOillNUffinternatioXyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. j Please consider the environment before printing this e-mail. From: Maddison Murch <mmurch@ptsl.com> Sent: Tuesday, June 02, 2020 10:22 AM To: Steven Ryder <Steven.Ryder@kitchener.ca> Cc: Erica Bayley <ebayley@ptsl.com> Subject: RE: 200175: 55 Franklin St S, Kitchener Pre -Study Consultation Hi Steven, I am just following up regarding the scope of work that Dave copied you on below. Pleas Ie know if you have any comments or questions. Regards, Maddison Murch, EIT Transportation Consultant Paradigm Paradigm Transportation Solutions Limited p: 519.896.3163 x205 e: mmurch@ptsl.com 10 Since 1998, our unique "work at home" quality service and strong communicate, during COVID-19. Let's stay safe and look out for From: Dave Seller <Dave.Sell Sent: May 27, 2020 9:20 AM To: Maddison Murch <n,trnur 0 9s enabled us to harness technology, offer high and now allows us to carry on our work for you will get through this together. Cc: Erica Bayley <eb e tsl.com>; Steven Ryder <Steven.Ryder@kitchener.ca> Subject: RE: 200 ra klin St S, Kitchener Pre -Study Consultation Hi Maddison Can you II up with Steven from our office as he had provided the comments for this application. Thanks. Dave Seller, C.E.T. Traffic Planning Analyst I Transportation Services I City of Kitchener 519-741-2200 ext. 7369 1 TTY 1-866-969-9994 1 dave.seller@kitchener.ca Page 176 of 221 From: Maddison Murch <mmurch@ptsl.com> Sen$ Mr�6@I y p1KW t2°SbYL0�.43Wternational copyright laws. Reproduction and/or distribution of this report without the written {�ermisjon of P�adigm Transp�yrfaion Solutions Limited is prohibited. To: ave feller < a Se e i c ener.ca> Cc: Erica Bayley <ebavlev@ptsl.com> Subject: 200175: 55 Franklin St S, Kitchener Pre -Study Consultation Hi Dave, Paradigm has been retained to complete a Parking Study and Transportation Demand Management Plan for the proposed mixed-use development located at 55 Franklin Street South in Kitchener. The proposed development consists of 256 affordable housing units and 17,421 square feet of ground floor commercial between four buildings. Vehicle access is proposed via one driveway to Franklin Street South and one driveway to 8t" Avenue. A total parking supply of 184 spaces is proposed within a three storey parking structure and surface parking (0.72 spaces per unit). See preliminary site plan attached. We will prepare our report based on the following assumptions and references, and would ask for these to be reviewed/confirmed: • The Zoning By-law minimum requirement within the 2019 by-law for non UGC/MIX zones: o Multiple Dwelling: minimum 1 space per dwelling unit (256 spaces). o Retail: minimum 1 space per 33 square metres GFA (4,P spaces). • Inventory of parking regulations and legal on -street and off-street parking located within 200 metres of the subject site. • Proxy site data for other developments in the Region: 0 175 Hespeler Road, Cambridge — 34 affordable housing units. 0 50 Station Street, Ajax — 84 affordable housing units. • ITE Parking Generation Manual (LUC 223 — Affordable Housing and 820 — Shopping Centre). • Urban Land Institute Shared Parking Manual. • TTS Auto Ownership and mode split for tke surrounding area. • Existing and proposed TDM measures • City of Kitchener TDM checklist. Please let us know if you have any Maddison Murch, EIT Transportation Consultant Paradigrnj 5A-150 PiANOW11 p: 519.896.31CQ e: mmurch@pts w: www.ptsl.com sortation Solutions , Cambridge ON N 1 R 8J8 estions. Since 1998, our unique "work at home" business model has enabled us to harness technology, offer high quality service and strong communication with our clients and now allows us to carry on our work for you during COVID-19. Let's stay safe and look out for each other. We will get through this together. Page 177 of 221 This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity-,EtawhaipW3ayd 0_t tajarMorLpbease iftelO r dMatMd0fitten imrBffdfihieV.'iPtl 'hT6tes 4gf'ffi yt L&t8�Rfi5figir Vesented in this e-mail are solely those of the author and do not necessarily represent those of Paradigm Transportation Solutions Limited. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. Paradigm Transportation Solutions Limited accepts no liability for any damage caused by any virus transmitted by this e-mail. This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender immediately. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Paradigm Transportation Solutions Limited. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. Paradigm Transportation Sol ' ns Li ited accepts no liability for any damage caused by any virus transmitted by this e-mail. Cb 4 Page 178 of 221 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Appendix B Proxy Site Parking Data Paradigm Transportation Solutions Limited AppeRdage 174221 E _U') Ln OJ ®p. O ® v O N O Z L O 2 cB 2 too-, a� 4 � C6 Lf1 Lf1 Lf1 Lf1 m d d <t N lfl lfl "0 d � N y U v O O O L� N Mm d N 00 00 Ln u1 M N r -I N N N m M� O _� > N .� c G c G c G cc G cc G CC G cc G CC G cc G c G c G C G C G c G c G c G C G c G c G C G C G a a a a a a a a a a a a a a a a a a a in O m O o O M O o O m O o O m cc o m O o O m cc o m O o cc m o O m O o cc M o O m 0 m 00 Ql �l o r -I r -I r -I r 4 r -I -.j N N m m d Ln u1 to to Q 2 2 2 a a a a a a a a 2M 000000000000000000000 o M o m o m o m o m o M o m o m o m o M o d 0000 C31 ,5l N N IM M Lfi Lfi In 0 U a i LL X N N 4- 0 O co N O1 ®p. O ® v O N X N N 4- 0 O co N O1 10 16* .. O N U ami U U Q Cn Cn C d •N 0 E _O _O N .9 -2 O +-, +•, +� +•, +� +•, +, +•, +� +•, +� +•, +� +•, co co)i E E E E E E E E E E E E E E o a T O V U U Q a� a� a� a� a� a� a� a� a� a� a� a� a� a� r Q Q Q Q Q Q Q Q Q Q Q Q Q Q 2 N Q Q En: :n \ 4:- r O ~ N o d d \ \ U fn fn •N ++ Mn Li co co Q Q N N N N N N N N N N N N N N N N N N N N N N N N N N N o d l d 0 Cn Cn N O O O O O O O O O O O O O O L Ln O co I U U U U U U U U U U U U U U c� d CD Lf) i U U U U U U U U U U U U U U T m 0 O T O Q Q Q Q Q Q Q Q Q Q Q Q Q Q Cc: m O I I r N c'M U) .N d d b r T T N N N N N co co co co co co p T Q 1 V! 1- �, +O+ co O CO N 4* O N O 4* (D U) O N XO 0 Cl) M M M M M M M q*q* q* U) ui a P, L .T Q .N L 0 ° (1) W LO It M N N N m m LO Il- rl- rl- m O J � rn C o O C � - o N r O O 00 O 00 O O 07 c � fl C7 N N N N N N N C7 C7 C7 C7 C7 CO O m a � N C � � c F CP M LO LO LO co co It LO LO It It It LO cfl U '6 N m L Qa 0 N o w� Q0.0 m a a a a a a a a a a a a a Q 4tft O O O O O O O O O O N O O O L N T T T T H Q N N 4- 0 co N O1 (6 Canadian and International laws. Reproduction and/or distribution of this report without the written 181 Courtland Ave E, Kitchener 112 -Oct -22 15 1 6:42 AM 1 10 1 1:23 PM 1 1 7:34 PM 20 Union Lane, Kitchener 112 -Oct -221 6 1 7:35 AM 1 14 1 2:00 PM 1 6 8:25 PM 175 Hesoeler Rd. Cambridae 111 -Oct -22 7 1 7:51 AM 1 6 1 2:10 PM 1 11 8:50 PM Region of Waterloo Sources WoLocation Number Units Parking Spacesof Provided SpacesTotal Parking Tenants Parking .. .- Unit 26 Ainslie St S, Cambridge 66 34 14 0.21 1103-1109 King St E, Cambridge 20 28 7 0.35 175 Hespeler Rd, Cambridge 34 19 10 0.29 25 Linnwood Ave, Cambridge 31 27 21 0.68 365 Linden Dr, Kitchener 24 24 10 0.42 108 Sydney St S, Kitchener 22 17 4 0.18 430 Connaught St, Kitchener 16 19 6 0.38 544 Bridgeport Rd, Kitchener 48 57 22 0.46 18 Guelph St, Kitchener 13 9 4 0.31 184 Erb St E, Waterloo 28 26 7 0.25 J Page 182 of 221 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Appendix C TTS Data Paradigm Transportation Solutions Limited AppeRdage 1 4 221 kT 0j%rs8 2kDrAf4%4 lokgrgR¢ip, )cgWiV,AJ?M.gggproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Cross Tabulation Query Form - Trip - 2016 v1.1 Row: 2006 GTA zone of origin - gta06_orig Column: Primary travel mode of trip - mode_prime Filters: Type of dwelling unit - dwell_type In 2 and Primary travel mode of trip - mode_prime In B, C, D, J, P, T, W and 2006 GTA zone of origin - gta06_orig In 7177, 7170, 7172, 7180, 7195 Trip 2016 ROW: gta06_orig COLUMN: mode_prime gta06_orig mode_prim(total 7170 B 163 7170 D 237 7170 P 123 7172 B 103 7172 D 284 7172 P 106 7177 B 111 7177 C 24 7177 D 1010 7177 P 125 7177 W 144 7178 B 51 7178 D N31 7178 P511),%, 7178 W co� `15 7180 B 24 7180 D 1623 7180 P 317 7180 W 15 7191 B 39 7191 D 179 7191 P 48 7192 B 149 7192 D 854 7192 P 326 7195 B 89 7195 C 51 7195 D 1037 7195 P 187 7195 W 97 Page 184 of 221 69or6RtilgMgh cMyrigj !aW$2Mgproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Cross Tabulation Query Form - Trip - 2016 v1.1 Row: 2006 GTA zone of destination - gta06_dest Column: Primary travel mode of trip - mode_prime Filters: Type of dwelling unit - dwell_type In 2 and Primary travel mode of trip - mode_prime In B, C, D, J, P, T, W and 2006 GTA zone of destination - gta06_dest In 7177, 7170, 7172, 7180, 7195 Trip 2016 ROW: gta06_dest COLUMN: mode_prime gta06_dest mode_prim(total 7170 B 163 7170 D 192 7170 P 123 7172 B 84 7172 D 284 7172 P 85 7177 B 140 7177 C 24 7177 D 954 7177 P 193 7177 W 115 7178 B 22 7178 D 30 7178 P5a,.%. 7178 W co� `15 7180 B82 7180 D 1627 7180 P 317 7191 B 15 7191 D 179 7191 P 48 7191 W 24 7192 B 214 7192 D 838 7192 P 261 7195 B 89 7195 C 51 7195 D 1037 7195 P 217 7195 W 68 Page 185 of 221 FTj meeoA 9r/ g ��b11fi�94 i (g9t�4r � , ajtjp��L yi jg{�tkgffisReproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Cross Tabulation Query Form - Household - 2016 v1.1 Row: Type of dwelling unit - dwell_type Column: No. of vehicles in household - n vehicle Filters: Income range of household - income In 1, 2, and 2006 GTA zone of household - gta06_hhld In 7177, 7170, 7172, 7180, 7195, 7191, 7178, 7192 Household 2016 ROW: dwell_type COLUMN: n vehicle dwell_type n vehicle total 1 0 13 1 1 206 1 2 32 1 3 55 1 4 11 2 0 613 2 1 1117 2 2 141 3 0 57 3 1 96 3 2 53 �\M,o C6 C6 Page 186 of 221 FT,tweippA9 Q �b11fi�94 i (�9t�4r � , ajtjp��L yi jg{�t jwffis2eproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Cross Tabulation Query Form - Household - 2016 v1.1 Row: Type of dwelling unit - dwell_type Column: No. of vehicles in household - n vehicle Filters: 2006 GTA zone of household - gta06_hhld In 7177, 7170, 7172, 7180, 7195, 7191, 7178, 7192 Household 2016 ROW: dwell_type COLUMN: n vehicle dwell_type n vehicle total 1 0 43 1 1 940 1 2 1300 1 3 442 1 4 45 1 5 26 2 0 1053 2 1 2255 2 2 668 2 3 94 2 99 14 3 0 129 3 1 362 3 2 333 3 3 C6 Page 187 of 221 55 Franklin Street South, Kitchener ON I PS & TDMP 1 200175 1 October 2023 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written permission of Paradigm Transportation Solutions Limited is prohibited. Appendix D TDM Worksheet Paradigm Transportation Solutions Limited AppeRdage 1 4 221 /his report ermisslon KiAaR isIPARTS WN.a0ftrof IK1tC14ig6WFdPDWt1041edMtduction and/or distribution of this report without the written of Paradigm Transportation Solutions Limited is prohibited. Applicant Name: GSP Group Date of Application (YY -MM -DD): October 2023 Site Location: Zone: 55 Franklin St S COM -2 Landowner I Developer Name: TDM Checklist No. (filled by staff): Using the TDM Report Checklist 55 Franklin GP Inc. 7M Checklist is one component of submitting a TDM Report, and a tool intended for Developers' use when determining potential parking reductions in exchange for certain TDM ares. Derived from the Region of Waterloo's TDM Checklist and Parking Management Worksheet, this City of Kitchener TDM Checklist applies to all developments within Station with the exception of residential developments with 6 units or less. Currently, this Checklist applies to the downtown area and the lands located within the Station Study Areas ed in PARTS Phase 1, and supersedes the Region's Checklist and Parking Management Worksheet for any developments within those defined areas. )M Report Reference Guide Reference Guide has been prepared for submission of a TDM Report, and can be found appended to the PARTS Phase 2: TDM Strategy. general process behind completing a TDM Report is depicted by the diagram below. Specific requirements for an Implementation Plan or TDM Plan are included within the Reference Guide. nstructions to Complete the TDM Checklist �� o complete the TDM Checklist, fill out Table A and Table B. Once completed, review the Summary Results in Table C and Table D. 'go 001 -able A is broken down into two sections. Please complete Table Al with any applicable parking and bicycle parking requirements from Schedule 6 ofthe Zoning By-law for your site. Aixed-use developments may also be eligible for shared parking space reductions where the development will use unassigned parking spaces, if in Table Al you specify parking equirements for multiple land uses, Table A2 will automatically calculate shared parking rates and a percent parking reducti TABLE A I SHARED PARKING REQUIREMENTS Moved -use developments may be eligible for parking space reductions based on shared parking ratios between uses. Please fill out the yellow boxes in the table below based on the Zoning By -Law requirements for parking and bicycle parking for your land use(s). Orange boxes will automatically show your results. TABLE Al. Zoning By-law Requirements TABLE A2. Shared Parking Rate Breakdown Class A Bike Morning Noon Afternoon Evening Land Use Parking Weekday Weekend Weekday Weekend Parking Weekday Weekend Weekday Weekend Office 0 0 0 0 0 0 0 0 0 0 Medical 0 0 0 0 0 0 0 0 0 0 Real Estate 0 0 0 0 0 0 0 0 0 0 Financial Institution 0 0 0 0 0 0 0 0 0 0 Retail 27 1 Personal Services 0 0 Art Gallery 0 0 Museum 0 0 14 14 21 19 27 21 3 Repair 0 0 Establishment Restaurant/Take-out Restaurant 0 0 0 0 41 0 0 0 0 0 Hotel (rooms) 0 00 1 0 0 0 0 0 0 Hotel (Function Space) 0 0 0 0 0 0 0 0 0 0 Residential - Resident 128 131 116 116 84 84 116 116 128 128 Residential - Visitor 0 0 0 0 0 0 0 0 0 f Other 0 0 0 0 0 0 0 0 0 0 Total Required Parking 155 132 130 130 98 105 135 143 149 131 Shared / Unassigned -.. Parking Reduction % Reduction Over Unsha red 149 6 Required Parking (Individual Uses) Parking (Individual Uses) 3.9 Plaza Complex or Moved- Parking Reduction% Reduction Over Unshared Office -Residential T 0 0 (Plaza/ Mixed TT)) o Parking (Plaza / Mixed TT ) T Note: See Zoning By -Law S.6 to calculate parking requirement for Plaza / Mixed uses. I TT Note: For further potential reductions, apply individual use rates in Table Al. MENEVShared Parking Summary Yes or No ? Resultant Parkin Required Would you like to apply Table A shared rates for a parking reduction? yes 149.0 Spaces Note: to apply these rates, 100% of parking must be shared between uses and unassigned. If you would like to use shared parking rates for only a portion of the required parking spaces, you must provide the proposed shared parking rates and applicable reductions in an Implementation Plan or TDM Plan within the TDM Report. Page 1FW Qf3221 This report is protected by Canadian and International copyright laws. Reproduction and/or distribution of this report without the written ,permission of�ARV—FORE datior6�"-kd&fl6MP 'it �bV'&klist Ki'rc 1M1veR ��YY TABLE B I OPTIONAL TDM MEASURES based on the amounts entered into Table A and Table B above. be eligible for bonusing. Please contact City of Kitchener staff for Certain TDM measures are required by the Zoning By -Law. Exceeding these minimum requirements is optional and can lead to parking reductions based on the discretion of the City of Kitchener. To complete this form, please fill out the yellow boxes in the table below with details about your development proposal. Please refer to the Urban Design Manual for feature design standards. 'Approach to bonusing to be determined by City staff Total Parking Reduction: 21 0 Resultant Parking Requirement: 134 0 To a Maximum Reduction of Developer Proposes Maximum Bonusing Measure Features Parking Reduction Available Provision of Reduction Points mkxAmount Unit Allowable (TBD) Amount Unit 1 car space reduction per 5 Bicycle Spaces 131 Provision of indoor secure bicycle parking spaces beyond the bicycle spaces beyond of total parking 0 beyond minimum 0 minimum amount required by the Zoning By-law. minimum Zoning By-law required required requirement. Non-residential uses: provision of shower and change facilities at 2 car space reduction for each 132 an amount of not less than 13sgm in equal proportion of male and nal shower facilely 0 parking 0 sqm of shower / 0 female facilities (Note: maximum reduction amount calculated pr id ed at (13sgm). provid space(s) change facilities based on required bicycle parking). Non-residential (office) uses: Provision of 1 car share vehicle and dedicated parking space in a priority location that is publically 4 car space reduction for each Non-residential accessible for a development with at least 25 required parking car share vehicle and dedicated 0 parking 0 N,.. car share vehicle(s) 0 spaces, and 1 additional car share vehicle and dedicated parking Parking space provided space(s) and Space(s) space for every 50 additional required parking spaces. (Note: B3* maximum reduction amount calculated based on required parking). Ali Residential uses: Provision of 1 car share vehicle and dedicated parking space in a priority location that is publically accessible 4 car space reduction for each parkingResidential car unless it is a private shared vehicle for every 75 dwelling units. car share vehicle and dedicated 4 share vehicle(s) 0 (Note: maximum reduction amount calculated based on required parking space provided p s) ANP and Space(s) parking). 134 Non-residential uses: Provision of ride share parking spaces in a 3 car space reduction for each 5 of total parking 0 Priority Car Pool 0 priority location. ride share space provided required Spaces B5 Provision of active uses at -grade along street frontages. 1% car space reduction ,, 1% of total parking Q Yes Check "Yes" (left) it 1 required you will provide 136* The building owner/occupant will provide fully subsidized transit 10 % car space reduction total parking Check "Yes" (left) if 0 passes for all occupants for a period of two years. required E]Yes you will provide 137 Building owner/occupant agrees to charge for parking as a 10% car space red n 10% of total parking ❑ Yes Check "Yes" (left) if 14 separate cost to occupants. required you will provide Employment Uses: Building owner/occupant agrees to join of total parking ❑ Yes Check "Yes" (left) if B$* Travelwise (TMA) that provides ride matching services for car/vanpooling and emergency ride home options. 10% cars redu tion 10% required you will provide 0 Enhanced bus shelters with seating are provided at the transit stop Check "Yes" (left) if B9 immediately adjacent to the development in consultation with the _ El Yes you will provide City of Kitchener and the Region of Waterloo. Provide television monitors in visible and accessible locations on 1310 site and in adjacent transit stops to allow to City of Kitchener .. _ . - . .. . - ... - . ... ElYes Check "Yes" (left) if the Region of Waterloo to display information regarding p - you will provide transportation. 1311 Provision of bicycle self-service station equipped with too • • - • - •- - '" -" "' ' " E]Yes Check "Yes" (left) it necessary to perform basic repairs and maintenance 25% to 49% of required parking is located underground a ❑ Yes you will provide Check "Yes" (left) if structure you will provide 1312 50% - 74% of required parking is located underground in a ❑ Yes Check "Yes" (left) if structure you will provide A minimum of 75% of required parking is locate rground or in ❑ Yes Check "Yes" (left) if a structure you will provide Non-residential use: Implements paid parking system, where price is set greater than t ost of.a monthly transit pass, on all or part 1% car space reduction for of total parking % of total parking 1313 of the Bele (e.g. p g permits, paid parking near main entrances, every 10% of parking spaces 10% 0% spaces under paid 0 enabled bY9a d tra niter access, or Pa & Dis laY under a aid arkin s stem required Parkin system stations). * If you have selected Measures B3, B6 or BS for a parking reduction, you must demonstrate to the satisfaction of the Director of Transportation Services that you will be able to achieve the proposed TDM measure, including any ongoing programming or management that may be required for program success. TABLE C I POTENTIAL PARKING REDUCTION SUMMARY TABLED IBONUSING POINT SCORE SUMMARY' Displayed below are the potential reductions to required parking spaces available If you achieved a Bonusing Points score greater than X, you may based on the amounts entered into Table A and Table B above. be eligible for bonusing. Please contact City of Kitchener staff for more details. Original # Parking Spaces Required: 155 0 Total Bonusing Points Achieved 0 Shared Parking Reduction P: 6 0 Eligible for Bonusing Consideration? No Parking Reduction for TDM Measures 131-1312: 15 0 'Approach to bonusing to be determined by City staff Total Parking Reduction: 21 0 Resultant Parking Requirement: 134 0 PERCENT REDUCTION 14 #DIV/01 " Note: If applicable, Parking Reductions for Plaza / Mixed -Use are noted in brown Select an Option Would you like to apply Table C rates for a parking reduction? I Yes Thank you for completing the TDM Checklist. Please select whether you would like to apply for a potential parking reduction at the bottom of this page. Refer to the TDM Report Reference Guide for submission requirements to City of Kitchener Staff. If you would like to achieve a greater parking reduction than may be considered through the TDM Checklist, you may develop a TDM Plan as set out in the TDM Report Reference Guide. Page 1P9QQ#3221 If you copyright laws. Reproduction and/or distribution of this report without the written If you selec"rTftdhe6tff3.*915lbWI�fwff�otfPf&Tr6r9"t Ia&-Ewwff irwr6flf6Rf 8nplementation Plan or TDM Plan. Page 1F%13Q#3221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 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 9 DATE OF REPORT: November 8, 2023 REPORT NO.: DSD -2023-494 SUBJECT: Consent Application B2023-041 — 150 Marlborough Avenue RECOMMENDATION: That Consent Application B2023-041 requesting consent to sever an irregularly shaped parcel of land having a lot width of 3.7 metres, a lot depth of 3.9 metres, and a lot area of 12.5 square metres from the property municipally addressed as 150 Marlborough Avenue, to be conveyed as a lot addition to the property municipally addressed as 146 Marlborough Avenue, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 192 of 221 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. 6. 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 facilitate a transfer of land from a residential lot to the adjacent residential lot, both containing existing detached dwellings. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: 150 Marlborough Avenue is located on Marlborough Avenue on its roundabout intersection with Admiral Road. A pedestrian connection to Hearth Green runs along the southern side of the subject property. The existing use of the subject property is a single detached dwelling. Figure 1 — Location of Subject Property Page 193 of 221 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to adjust the lot lines of the subject property, known as 150 Marlborough Avenue, and the neighbouring property, known as 146 Marlborough Avenue. The driveway of 146 Marlborough Avenue encroaches on the property of 150 Marlborough Avenue, as shown below in `Figure 3'. A portion of the subject property, shown as `Part 1' on `Figure 4 — Detailed Sketch', will be transferred to 146 Marlborough Avenue to solve the issue of encroachment. Figure 2 — Photograph of Subject Property and Neighbouring Property Figure 3 — Image of Neighbouring Driveway Encroaching on Subject Property Page 194 of 221 SC H EDULE ram HQ's ,0?9 T��FO "LOT 7 PART 1 _ PIAN OF SURVEY OF PART OF LOT 8 Me wwwnpry REGISTERED PLAN 882 s �>o CITY OF KITCHENER q° A 'T"a•;;� REGIONAL MUNICIPALITY OF WATERLOO (��L '= at=NMoPLm sl>F �rrx;rl nN is erawm LOTV gS VV w e W YHaiH A—IN 1EIGHT TA S—E Of I 06N 6ifE6 rm Waal - ane ft's L. CC~ MO COMINATE NOTE: rye v�,w�, ,�,•o.,.,,, .<.,.... ^ mar �� a:• ��,.,..,,�.e�.,� :iE,"� � ✓ Both ,U �.ao,�,.,�,.��aaw. '•' . h8 B8 8FAHIHU cpMPwil$GN5: LOT 9 IFseno� slascErsrrcAiE an Harten RONALOMAK �Irmrammcom u w��:waw.. a,.a�,�,.,,..>m..�..o,.n,.,. -� sv�,waFsuHvex H�ures snots arnn „�,�„r _ _ a,,, •,r�,ur�w 1JBMI5510M 1.- 4N 12110&55. Figure 4 — Detailed Survey 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. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living and make efficient use of land. Planning Staff is of the opinion that the application conforms to the Growth Plan. Regional Official Plan (ROP): Regional policies in the ROP require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, Page 195 of 221 economic and personal support needs of current and future residents. Planning staff are of the opinion that the application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 —Land Use in the City's Official Plan. 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 or 2019-051 The subject properties are zoned as `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. Both before and after the proposed lot addition, both parcels would meet the minimum lot width and lot area requirements. RES -4 Requirements: Lot width: Minimum 9 metres Lot area: Minimum 235 m2 150 Marlborough Avenue Lot width before lot addition: 17.9 metres Lot width after lot addition: 17.5 metres Lot area before lot addition: 1347.0 m2 Lot area after lot addition: 1334.5 m2 146 Marlborough Avenue Lot width before lot addition: 14.8 metres Lot width after lot addition: 15.2 metres Lot area before lot addition: 500.3 m2 Lot area after lot addition: 512.8 m2 All yard setback and other regulations will comply with the minimum requirements post lot addition. Planning Staff can confirm that the proposed lot addition complies with the existing Zoning By-law. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the proposed boundary adjustment is desirable and appropriate. Environmental Planning Comments: No environmental concerns. Page 196 of 221 Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: No engineering concerns. GRCA Comments: GRCA has no objection to this application. Parks/Operations Division Comments: Parkland dedication is not required for this application as the severance reflects a lot line adjustment and no new developable lot has been created. Transportation Planning Comments: No transportation concerns. Region of Waterloo Comments: No objections to the application provided that the owner/applicant submit the Regional consent review fee of $350.00. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) Page 197 of 221 • Zoning By-law 2019-051 ATTACHMENTS: There are no attachments to this report. Page 198 of 221 N,4#V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2023-041 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario NZG 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Marilyn Cameron mcameron@jlricahrds.ca D20-20/23 KIT November 6, 2023 Re: Comments for Consent Applications B2023-041 to B2023-042 Committee of Adjustment Hearing Nov 21, 2023 CITY OF KITCHENER 150 Marlborough Avenue Stephen & Judith Phipps The applicant is proposing to sever a +/-26.6 m2 parcel for a lot line adjustment to resolve an encroachment. The proposed would facilitate the transfer of a portion of the subject lands which include an existing encroachment of the adjacent property's driveway. 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. 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. B2023-042 52 Edgehill Drive James & Beverley Mellish Document Number: 4516382 Page 199 of 221 The applicant is proposing to sever a +/-1253.6 m2 parcel with a +/-35 m frontage on Edgehill Dr, while retaining a 1741 m2 parcel with frontage on Edgehill Dr. The applicant notes an existing storm easement on the subject property. The proposed uses on the severed property are residential. 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. Environmental Noise (Advisory Comments): Regional staff note that the proposed severed and retained lots are in close proximity (approximately 95 metres) to King Street East (Regional Road No. 8).Although there are some existing intervening land uses between the proposed dwellings and the transportation noise sources, the proposed dwellings on the retained and severed lots will likely have impacts from transportation and stationary noise sources. It is the responsibility of the applicant to ensure the proposed development is not adversely affected by anticipated transportation (traffic) and stationary (commercial) noise impacts. ROP Policy 2.G.13 indicates that a noise study may be required for a development application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In lieu of requiring a detailed transportation and stationary noise study, and because the primary transportation noise source is a Regional Road, Regional staff require as a condition of the consent that the owner/applicant of the units on all (retained and severed) lots will be required to enter into a registered agreement with the Region of Waterloo to include noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements. For the severed lot, the owner is to agree that all dwelling unit(s) must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning prior to occupancy. In addition, the following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: a. "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on King Street East (RR #8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). " b. "This unit has been designed with the provision of adding a central air conditioning system at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 4516382 Page 200 of 221 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). " c. "Purchasers/tenants are advised that the stationary noise levels from the existing commercial land uses in the vicinity may also at times be audible." For the retained lot, the following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street East (RR #8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b. "Purchasers/tenants are advised that the stationary noise levels from the existing commercial land uses in the vicinity may also at times be audible." Water and Wastewater Services (Advisory Comments): Regional Staff note that the property does not currently have municipal water or sanitary services. City Staff have previously indicated that it is not feasible for the City, or the owner/applicant at their expense, to extend municipal sanitary services to the proposed retained or severed lot. The subject application proposes private services within the urban area. Policy 2.J.8 of the Regional Official Plan permits residential infill development on individual on-site water and individual on-site sewage services, subject to the following: (a) it is demonstrated to the satisfaction of the Region that the extension of servicing from a municipal water and/or wastewater system is not feasible; (b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk Management Zone, or a Surface Water Intake Protection Zone 1 described in Chapter 8; (c) studies prepared in accordance with the Regional Implementation Guidelines for Source Water Protection Studies and accepted by the Region, demonstrate that such services can operate satisfactorily on the site and will not have a negative impact on groundwater resources; (d) it is demonstrated to the satisfaction of the area municipality's Chief Building Official that the site conditions are suitable for the long-term provision of such services with have no adverse effects; and (e) the development application complies with Policies 5.13.8 and 5.C.6 as applicable. A Hydrogeological study was submitted with the application. Subject to the Region's "Hydrogeological Assessment Guidelines for Privately -Serviced Developments — Scoped Stage 2 Studies" a third -party review of the report is required to demonstrate to Document Number: 4516382 Page 201 of 221 the Region's satisfaction, that such private services can operate satisfactorily on the site and will not have a negative impact on groundwater resources. Regional Staff cannot support the proposed application until the required technical study has been peer reviewed. As a result, Regional staff recommend deferral of the application at this time until the peer review has been completed and the study has been accepted by the Region. Well and Septic Decommissioning (Advisory Comments): Regional Staff note that should municipal water and/or septic services be provided and connected to the proposed severed and retained lots, any private well and/or septic system on the proposed retained lands will have to be decommissioned in accordance with Regulation 903 of the Ontario Water Resources Act, Ontario Building Code and all other applicable regulation. The Region recommends that the application be deferred until such time as the hydrogeological study has been peer reviewed and conformity with ROP Policy 2.18 has been demonstrated. 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, Marilyn Cameron, MAP, MSc Consultant Planner 'PlIVIIII-11"T Reviewed by: Alyssa Bridge, MAES, MCIP, RPP Supervisor, Development Planning Document Number: 4516382 Lorelie Spencer, RPP, MCIP, BA.U.R.PI Consultant Planner Page 202 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 203 of 221 From: Tina Malone-Wrinht To: =nf Aelii�ctme"t fSM) Subject: rw: City of Kitchener- 150 Marlborough Avenue -&2023-091 Date: Tue�ay, November 7, 20D 1:23:17 PM •ttachmen,s. From: Planning Applications (SM) <Planning.Applications@kitchener.ca> Sent: Tuesday, November 7, 2023 1:21 PM To: Tina Malone -Wright <Tina. MaloneW right@kitchenec.ca> Subject: FW: City of Kitchener - 150 Marlborough Avenue - B-2023-041 FYI From: ARABIA Gabriel <Gabriel.Arabia(cDhvdroone.mm> Sent: Tuesday, November 7, 2023 11:33 AM To: Planning Applications (SM)<PlanninegAArichrations(fkitrhener.ra> Subject: City of Kitchener -150 Marlborough Avenue - B-2023-041 IYou dont oftar ge[ anvil from gxhriel arahix(g)bydronne c n. r �ry thlx ix i„g nrt`_ Hello, We are in receipt ofyour Application for Consent, B-2023-041 dated October 27th, 2023. We have reviewed the documents concerning the noted Application and have no comments or concerns atthis time 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: HvdrnOne Man Please select "Search" and locate address in question by entering the address or by zooming in and out of the map MENU HELP SEARCH hydroone' Customers Affected: ��i0--5000 0 501-5000 0 51-500 10 21-50 Q <=20 0 Multiple Q Crew — Service Area sa Ottaw . Montreal Hunt�volle P 417 a V 4n 4n0 ty ° Cf 4 Or lia Kawartha - ,DLakkes1grougin t5 Burlir I]IV�i I'etKin S3eil vill2 m p Q 4P 115 +y •♦ a n ' ' ♦ d flnCea dwar Waiteo 04V I5 ® do 4 P _ E{ram o Toronto 17 Kitche o ° a", s ° o issjssauga fl . a ilton Rochester "�,- _ _ 1403Y Y .�-_ ___ e✓ec Mao data @2019 Gaoole 50 km � Terms of Use Report a mao error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunicationsCcDHvdroOne.com to 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.DaRanen(d HydrnOner Page 204 of 221 Staff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21, 2023 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Andrew Pinnell, Senior Planner 519-741-2200 ext. 7668 WARD INVOLVED: Ward 3 DATE OF REPORT: November 8, 2023 REPORT NO.: DSD -2023-498 SUBJECT: Consent Application B2023-042 Minor Variance Applications A2023-135 and A2023-136 52 Edgehill Drive RECOMMENDATION: A. Minor Variance Application A2023-135 (Retained Lot) That Minor Variance Application A2023-135 for 52 Edgehill Drive (Retained Lot) requesting relief from the following sections of Zoning By-law 2019-051: i) Section 19 [Site Specific Provision (272)] of By-law 2019-051, to permit a lot area of 1,741.0 square metres, whereas minimum lot area of 2,023 square metres is required; and ii) Section 5.4f) of By-law 2019-051, to permit a driveway width of 16.5 metres for an existing driveway, whereas only a maximum driveway width of 8.0 is permitted; generally, in accordance with the Sketch for Severance Application, prepared by Guenther Rueb Surveying Limited, attached to Report DSD -2023-498, BE DEFERRED to the April 2024 Committee of Adjustment meeting or at such time as Consent Application B2023-042 is considered. B. Minor Variance Application A2023-136 (Severed Lot) That Minor Variance Application A2023-136 for 52 Edgehill Drive (Severed Lot) requesting relief from Section 19 [Site Specific Provision (272)] of Zoning By-law 2019-051, to allow a lot area of 1,253.6 square metres, whereas minimum lot area of 2,023 square metres is required, generally in accordance with the Sketch for *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 205 of 221 Severance Application, prepared by Guenther Rueb Surveying Limited, attached to Report DSD -2023-498, BE DEFERRED to the April 2024 Committee of Adjustment meeting or at such time as Consent Application B2023-042 is considered. C. Consent Application B2023-042 — 52 Edgehill Drive That Consent Application B2023-042 for 52 Edgehill Drive requesting consent to sever a parcel of land having an approximate lot width of 35.4 metres, a lot depth of 45.4, metres and a lot area of 1,253.6 square metres, generally in accordance with the Sketch for Severance Application, prepared by Guenther Rueb Surveying Limited, attached to Report DSD -2023-498, BE DEFERRED to the April 2024 Committee of Adjustment meeting, or sooner, to provide time for the Region of Waterloo to have the Scoped Stage 2 Hydrogeological Study for Septic System Servicing peer reviewed. REPORT HIGHLIGHTS: • The purpose of this report is to recommend deferral of the subject Consent Application and the associated Minor Variance Applications for 52 Edgehill Drive. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northeast side of Edgehill Drive in the Pioneer Tower West Planning Community. The west side of the property is currently developed with a Single Detached Dwelling that was constructed in approximately 2016. The east side of the property is landscaped and does not contain any buildings. The subject property is located at the intersection of Edgehill Drive and Helen Avenue and is close to King Street East and abuts commercial properties to the north that are zoned `Arterial Commercial Zone (COM -3)', including the Embassy Motel. Properties along Edgehill Drive to the east, west and south are developed with Single Detached Dwellings of various construction dates, architectural styles, and lot sizes and shapes. All dwellings along this section of Edgehill Drive, including the Single Detached Dwelling on the subject property, are not connected to municipal water and sanitary services, though they do have access to municipal storm sewers. Rather, these properties are on private services. The subject property has approximately 89.4 metres of frontage on Edgehill Drive and is approximately 2,994.6 square metres in area (0.74 acres). The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential One Zone (RES -1) with Site Specific Provision (272)' in Zoning By- law 2019-051. It should be clarified that Site Specific Provision (272) applies to significant portions of the Pioneer Tower West Planning Community. Page 206 of 221 The applicant is requesting Consent to create a new lot by severing the existing lot into two parcels. The Severed Lot would have an approximate frontage of 35.4 metres on Edgehill Drive, a depth of 45.4 metres, and an area of 1,253.6 square metres (0.31 acres). The Retained Lot would have an approximate frontage of 54.1 metres on Edgehill Drive, a depth ranging between 17.4 metres and 48.2 metres, and an area of 1,741.0 square metres. The applicant proposes to retain the existing Single Detached Dwelling on the Retained Lot and allow for the future construction of a Detached Dwelling on the Severed Lot. The applicant is proposing to extend water services from the intersection of Limerick Drive / Edgehill Drive to the Severed Lot (approximately 100 metres), while providing private sanitary services. The Retained Lot would continue on private water and private sanitary services. To facilitate the requested Consent, the applicant is requesting approval of a Minor Variance Application for each resultant lot, as follows (the Severed and Retained lots comply with zoning regulations, except for the following): 1. Minor Variance Application A2023-136 (Severed Lot): Requesting a lot area of 1,253.6 square metres, whereas Site Specific Provision (272) requires a minimum lot area of 2,023 square metres. 2. Minor Variance Application A2023-135 (Retained Lot): a. Requesting a lot area of 1,741.0 square metres, whereas Site Specific Provision (272) requires a minimum lot area of 2,023 square metres; and b. Requesting a driveway width of 16.5 metres for an existing driveway, whereas Section 5.4 f) only permits a maximum width of 8.0 metres. Figure 3: Subject Property (outlined in re -d). REPORT: To support the request for Consent, the applicant submitted a Scoped Stage 2 Hydrogeological Study for Septic System Servicing, prepared by Englobe Corp., dated September 25, 2023. This study was requested by the Region of Waterloo as a complete application requirement, to justify the applicant's request to allow the Retained Lot to be Page 207 of 221 serviced via a private septic system, whereas usually a connection to the municipal sanitary system is required. On November 6, 2023, the Region of Waterloo advised that the Region requires the Hydrogeological Study to be peer reviewed and requires the peer review to be complete and the study accepted before the Consent is conditionally approved (rather than as a condition of Consent). The need for a peer review was identified by the Region in the Pre - Submission Comments on the proposed Consent Proposal. At the time of scheduling the applications for consideration, staff had thought that this Peer Review had already occurred. The Region further advises that they are in the process of organizing the peer review. In the meantime, the Region is requesting that a decision regarding the Consent application be deferred until the peer review has been completed. Planning staff agrees with the Region that the subject applications should be deferred to provide time for the Region to have the required study peer reviewed. Without the Region's endorsement of the private septic proposal, Planning staff is of the opinion that no decision on the Consent application should be made. Region of Waterloo Comments: The applicant is proposing to sever a +/-1,253.6 m2 parcel with a +/-35 m frontage on Edgehill Dr, while retaining a 1,741 m2 parcel with frontage on Edgehill Dr. The applicant notes an existing storm easement on the subject property. The proposed uses on the severed property are residential. 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. Environmental Noise (Advisory Comments): Regional staff note that the proposed severed and retained lots are in close proximity (approximately 95 metres) to King Street East (Regional Road No. 8).Although there are some existing intervening land uses between the proposed dwellings and the transportation noise sources, the proposed dwellings on the retained and severed lots will likely have impacts from transportation and stationary noise sources. It is the responsibility of the applicant to ensure the proposed development is not adversely affected by anticipated transportation (traffic) and stationary (commercial) noise impacts. ROP Policy 2.G.13 indicates that a noise study may be required for a development application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In lieu of requiring a detailed transportation and stationary noise study, and because the primary transportation noise source is a Regional Road, Regional staff require as a condition of the consent that the owner/applicant of the units on all (retained and severed) lots will be required to enter into a registered agreement with the Region of Waterloo to include noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements. Page 208 of 221 For the severed lot, the owner is to agree that all dwelling unit(s) must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning prior to occupancy. In addition, the following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: a. "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on King Street East (RR #8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b. "This unit has been designed with the provision of adding a central air conditioning system at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." c. "Purchasers/tenants are advised that the stationary noise levels from the existing commercial land uses in the vicinity may also at times be audible." For the retained lot, the following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street East (RR #8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b. "Purchasers/tenants are advised that the stationary noise levels from the existing commercial land uses in the vicinity may also at times be audible." Water and Wastewater Services (Advisory Comments): Regional Staff note that the property does not currently have municipal water or sanitary services. City Staff have previously indicated that it is not feasible for the City, or the owner/applicant at their expense, to extend municipal sanitary services to the proposed retained or severed lot. The subject application proposes private services within the urban area. Policy 2.J.8 of the Regional Official Plan permits residential infill development on individual on-site water and individual on-site sewage services, subject to the following: a) it is demonstrated to the satisfaction of the Region that the extension of servicing from a municipal water and/or wastewater system is not feasible; Page 209 of 221 b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk Management Zone, or a Surface Water Intake Protection Zone 1 described in Chapter 8; c) studies prepared in accordance with the Regional Implementation Guidelines for Source Water Protection Studies and accepted by the Region, demonstrate that such services can operate satisfactorily on the site and will not have a negative impact on groundwater resources; d) it is demonstrated to the satisfaction of the area municipality's Chief Building Official that the site conditions are suitable for the long-term provision of such services with have no adverse effects; and e) the development application complies with Policies 5.13.8 and 5.C.6 as applicable. A Hydrogeological study was submitted with the application. Subject to the Region's "Hydrogeological Assessment Guidelines for Privately -Serviced Developments —Scoped Stage 2 Studies" a third -party review of the report is required to demonstrate to the Region's satisfaction, that such private services can operate satisfactorily on the site and will not have a negative impact on groundwater resources. Regional Staff cannot support the proposed application until the required technical study has been peer reviewed. As a result, Regional staff recommend deferral of the application at this time until the peer review has been completed and the study has been accepted by the Region. Well and Septic Decommissioning (Advisory Comments): Regional Staff note that should municipal water and/or septic services be provided and connected to the proposed severed and retained lots, any private well and/or septic system on the proposed retained lands will have to be decommissioned in accordance with Regulation 903 of the Ontario Water Resources Act, Ontario Building Code and all other applicable regulation. The Region recommends that the application be deferred until such time as the Hydrogeological Study has been peer reviewed and conformity with ROP Policy 2.18 has been demonstrated. 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 210 of 221 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A - Sketch for Severance Application, prepared by Guenther Rueb Surveying Ltd. Page 211 of 221 SKETCH FOR SEVERANCE APPLICATION OF NO. 52 EDGEHILL DRIVE CITY OF KITCHENER o z + s s 0 m SCALE = 1 a 250 I I I I I I I I I I I METRIC I LOT 24, B. B. F. C. Z N I N 13°44' W 45.446 _0 Z N R F w B F Ln J Lu Q I lu a () Lit r� ul 25.56 -_--- a J ---- Z r I ac0 ¢ m LO U W O a I wffi W o - m Q I ° 13- ~N —---- oLL a z 7.5 O p I OL _ m OL LL I T 5. MIN O W n W -- ---L----- - I w \ I J LL \ W z N 13.44' w zs. B43 I x Lal a \ I Y J o/ CL e c h F n C9 z J/ \ \ \ �n7•c se W 0 UI o Z ! 44CN 0 .i I� 7.62 z } aB J o w F _J z/ (1) W Q Z 15.42 m a� / F / LLl / �4 ♦ h- °0 {V 4?4 � mb J4i � a o4jP 4� J Lal / Pr w LLI m /` LLI e a F_ PART IO, • h i w0 `• PLAN 5BR-7393i ENBTNEN 0 r C4E i y LOT a, B. B. F. C. LANE, CLOSED�_ ° 6@ BY @Y -LM 1314, A•3 {',L _ 4 4 C INET. 425590 R" PART 9 N R -T393 - — -T NT, INST. 110937$/ �. �, Y y04 yi ``, — — T I, % R.P. 669 q/v PART 6, PLAN 561-11136 OT B, B.B.F.C. EASEMENT, INST. 1133T@0 �L JAMES MELL ISH 17 age _ ��® a PART +. RLAN 56R - 11338_ i a.� 3516 THIS 15 NOT JOB N0, LOT Sa B. e. F. C. ya6;. `� a`2�° A PLAN OF SURVEY � Q�e, EASEMENTNOT. PLAN N1133760 7 1 -301 1 9 1 EP5 V01 GUENTHER RUES SURVEYING LIMI' NITCHENER, ONTARIO Page 212 of 221 Region of Waterloo October 31, 2023 Alison Fox City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, Sth Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File No.: D20-20/ VAR KIT GEN (1) 64, CHARLES KING STIRLING DOV CAPITAL CORPORATION (5) 06 QUEEN, 588 600 QUEEN STREET SOUTH DANBLO HOLDINGS INC (7-10) VAR KIT, 55 FRANKLIN STREET SOUTH 55 FRANKLIN GP INCORPORATED (11,12) VAR KIT, 52 EDGEHILL DRIVE JAMES & BEVELEY MELLISH Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S — The following comments are provided: a) There are no concerns provided the areas between the 110m sightlines (touching the building line of westerly Tower B) and the Charles Street roadside curb are hardscaped only and labelled on the Detailed Plans at the Site Plan stage accordingly, as confirmed by the City and the applicant's consultant. Document Number: 4510494 Page 1 of 3 Page 213 of 221 b) The minor variance of the addition of a daycare facility is proposed. The applicants are advised that a daycare facility is a noise -sensitive land use and must be considered in the detailed noise study to assess the noise mitigation measures and would be implemented accordingly through a registered agreement as may be applicable for the proposed development. 2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the proposed dwelling unit. However, the applicants are advised that the proposed ADU would have impacts from environmental noise from traffic on Fischer - Hallman Road (RR #58), and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns 4) A 2023 - 128 — 76 Dunham Avenue — No Concerns. 5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the proposed columns and its foundations stay within the private property without encroaching into the Queen Street South (RR 06) right-of-way. 6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns. 7) A 2023 - 131 — 55 Franklin Street South — No Concerns. 8) A 2023 - 132 — 59 Franklin Street South — No Concerns. 9) A 2023 - 133 — 50 Elgin Avenue — No Concerns. 10)A 2023 - 134 — 54 Elgin Avenue — No Concerns. 11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns. 12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns. 2 Page 214 of 221 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Marilyn Mills, City of Kitchener CofA(a)Kitchener. ca 3 Page 215 of 221 N,4#V- Region of Waterloo Sarah Goldrup Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 B2023-041 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario NZG 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg ionofwate rloo.ca Marilyn Cameron mcameron@jlricahrds.ca D20-20/23 KIT November 6, 2023 Re: Comments for Consent Applications B2023-041 to B2023-042 Committee of Adjustment Hearing Nov 21, 2023 CITY OF KITCHENER 150 Marlborough Avenue Stephen & Judith Phipps The applicant is proposing to sever a +/-26.6 m2 parcel for a lot line adjustment to resolve an encroachment. The proposed would facilitate the transfer of a portion of the subject lands which include an existing encroachment of the adjacent property's driveway. 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. 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. B2023-042 52 Edgehill Drive James & Beverley Mellish Document Number: 4516382 Page 216 of 221 The applicant is proposing to sever a +/-1253.6 m2 parcel with a +/-35 m frontage on Edgehill Dr, while retaining a 1741 m2 parcel with frontage on Edgehill Dr. The applicant notes an existing storm easement on the subject property. The proposed uses on the severed property are residential. 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. Environmental Noise (Advisory Comments): Regional staff note that the proposed severed and retained lots are in close proximity (approximately 95 metres) to King Street East (Regional Road No. 8).Although there are some existing intervening land uses between the proposed dwellings and the transportation noise sources, the proposed dwellings on the retained and severed lots will likely have impacts from transportation and stationary noise sources. It is the responsibility of the applicant to ensure the proposed development is not adversely affected by anticipated transportation (traffic) and stationary (commercial) noise impacts. ROP Policy 2.G.13 indicates that a noise study may be required for a development application for a sensitive land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals, railways or Area Municipal roads. In lieu of requiring a detailed transportation and stationary noise study, and because the primary transportation noise source is a Regional Road, Regional staff require as a condition of the consent that the owner/applicant of the units on all (retained and severed) lots will be required to enter into a registered agreement with the Region of Waterloo to include noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements. For the severed lot, the owner is to agree that all dwelling unit(s) must be installed with an air -ducted heating and ventilation system suitably sized and designed with the provision of adding central air conditioning prior to occupancy. In addition, the following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: a. "Purchasers/tenants are advised that despite the inclusion of noise attenuation control features in the development and within the building units, sound levels due to increasing road traffic on King Street East (RR #8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). " b. "This unit has been designed with the provision of adding a central air conditioning system at the occupant's discretion. Installation of central air conditioning by the occupant in low and medium density developments will Document Number: 4516382 Page 217 of 221 allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP). " c. "Purchasers/tenants are advised that the stationary noise levels from the existing commercial land uses in the vicinity may also at times be audible." For the retained lot, the following noise warning clauses will be included in all offers of purchase and sale, deeds and lease/rental agreements: a. "Purchasers/tenants are advised that sound levels due to increasing road traffic on King Street East (RR #8) may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Region of Waterloo and the Ministry of the Environment Conservation & Parks (MECP)." b. "Purchasers/tenants are advised that the stationary noise levels from the existing commercial land uses in the vicinity may also at times be audible." Water and Wastewater Services (Advisory Comments): Regional Staff note that the property does not currently have municipal water or sanitary services. City Staff have previously indicated that it is not feasible for the City, or the owner/applicant at their expense, to extend municipal sanitary services to the proposed retained or severed lot. The subject application proposes private services within the urban area. Policy 2.J.8 of the Regional Official Plan permits residential infill development on individual on-site water and individual on-site sewage services, subject to the following: (a) it is demonstrated to the satisfaction of the Region that the extension of servicing from a municipal water and/or wastewater system is not feasible; (b) the site is not located within Wellhead Sensitivity Area 1, a High Microbial Risk Management Zone, or a Surface Water Intake Protection Zone 1 described in Chapter 8; (c) studies prepared in accordance with the Regional Implementation Guidelines for Source Water Protection Studies and accepted by the Region, demonstrate that such services can operate satisfactorily on the site and will not have a negative impact on groundwater resources; (d) it is demonstrated to the satisfaction of the area municipality's Chief Building Official that the site conditions are suitable for the long-term provision of such services with have no adverse effects; and (e) the development application complies with Policies 5.13.8 and 5.C.6 as applicable. A Hydrogeological study was submitted with the application. Subject to the Region's "Hydrogeological Assessment Guidelines for Privately -Serviced Developments — Scoped Stage 2 Studies" a third -party review of the report is required to demonstrate to Document Number: 4516382 Page 218 of 221 the Region's satisfaction, that such private services can operate satisfactorily on the site and will not have a negative impact on groundwater resources. Regional Staff cannot support the proposed application until the required technical study has been peer reviewed. As a result, Regional staff recommend deferral of the application at this time until the peer review has been completed and the study has been accepted by the Region. Well and Septic Decommissioning (Advisory Comments): Regional Staff note that should municipal water and/or septic services be provided and connected to the proposed severed and retained lots, any private well and/or septic system on the proposed retained lands will have to be decommissioned in accordance with Regulation 903 of the Ontario Water Resources Act, Ontario Building Code and all other applicable regulation. The Region recommends that the application be deferred until such time as the hydrogeological study has been peer reviewed and conformity with ROP Policy 2.18 has been demonstrated. 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, Marilyn Cameron, MAP, MSc Consultant Planner 'PlIVIIII-11"T Reviewed by: Alyssa Bridge, MAES, MCIP, RPP Supervisor, Development Planning Document Number: 4516382 Lorelie Spencer, RPP, MCIP, BA.U.R.PI Consultant Planner Page 219 of 221 November 1, 2023 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Mariah Blake Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Mariah Blake, Re: Committee of Adjustment Meeting — November 21, 2023 Applications for Minor Variance A 2023-126 117 Ingleside Drive A 2023-127 52 Sabrina Crescent A 2023-128 76 Dunham Avenue A 2023-129 600 Queen Street South A 2023-130 55 Roxborough Avenue A 2023-131-134 55-59 Franklin Street South & 50-54 Eighth Avenue A 2023-135 52 Edgehill Drive A 2023-136 52 Edgehill Drive Applications for Consent B 2023-041 150 Marlborough Avenue B 2023-042 52 Edgehill Drive via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 220 of 221 From: ARABIA Gabriel To: =nf Adii�crme"r fSM) subject: City o f Kitchener -52 Edgehill --&2021-092 Date: Tue�ay, November 7, 202111:39:92 AM —h—.: Hello, We are in receipt of your Application for Consent, B-2023-042 dated October 27th, 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'Hieh Voll 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: Hvdronde Man Please select "Search" and locate address in question by entering the address or by zooming in and out ofthe map R1ENU HE P SEARCH hydroone Customers Affected: O >5000 © 501-5000 O 51-500 O 21-50 ()<=20 4 Multiple Q crew — Service Area 0 00 ottaw Montreal ® - Hunte vsLe 417 atT 400 lr ° Or Iia Kawartha 0 4Do Lakes s Burlin ' Petlgrouo Kin ®ellville ' " . ' ° rincep dwar Wateertown 40 a_ Warn o Toronto Kitche ° an° o ississauga rpCiglC' • I •J .e . ^Rochestern1e If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 ore -mail CustomerCommunications(@HvdroOne.com to be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thankyou, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis.DeRango(@Hvdro ne.com Page 221 of 221