HomeMy WebLinkAboutDSD-2024-125 - 680 Frederick Street - B 2024-005Staff Report
r
JR
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 19, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: March 6, 2024
REPORT NO.: DSD -2024-125
SUBJECT: Consent Application B2024-005 — 680 Frederick Street
RECOMMENDATION:
That Consent Application B2024-005 for 680 Frederick Street requesting consent to
sever a parcel of land having a lot width on Frederick Street of 7.6 metres, a lot
depth of 45.7 metres and a lot area of 348.3 square metres, BE APPROVED subject
to the following conditions:
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 property owner obtains Demolition Control Approval, in accordance with
the City's Demolition Control By-law, to the satisfaction of the City's Director,
Development and Housing Approvals.
5. That the property owner obtains a Demolition Permit, for the existing single
detached dwelling and all accessory structure(s) proposed to be demolished, to the
satisfaction of the City's Chief Building Official, and removes the existing dwelling
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 219 of 248
and all accessory structure(s) prior to deed endorsement.
6. That the property owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the City's Director of Engineering Services.
7. That the property owner submit a Development Asset Drawing (digital AutoCAD)
for the site (servicing, SWM etc.) with corresponding layer names and asset
information to the satisfaction of the City's Director of Engineering Services, prior
to deed endorsement.
8. That the property owner makes financial arrangements for the installation of any
new service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
9. That any new driveways are to be built to City of Kitchener standards at the Owner's
expense prior to occupancy of the building to the satisfaction of the City's Director
of Engineering Services.
10. That the property owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the satisfaction of the City's Director of
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from
the property line to the street to the satisfaction of the City's Director of Engineering
Services.
11. That the property owner pay to the City of Kitchener a cash -in -lieu contribution
for park dedication equal to $11,862.00 of the value of the lands to be severed.
12. That at the sole option of the City's Director, Development and Housing
Approvals, the Owner shall enter into an agreement with the City of Kitchener, to
be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the
City's Director, Development and Housing Approvals, which shall include the
following:
a) That prior to any grading, servicing or the application or issuance of a
building permit, the owner shall submit a plan, prepared by a qualified
consultant, to the satisfaction and approval of the City's Manager, Site Plans
showing:
i) the proposed location of all buildings (including accessory buildings
and structures), decks and driveways;
ii) the location of any existing buildings or structures to be removed or
relocated;
iii) the proposed grades and drainage;
iv) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition;
v) justification for any trees to be removed; and
vi) outline tree protection measures for trees to be preserved; and
Page 220 of 248
vii) building elevation drawings.
viii) If necessary, the plan shall
compensation measures.
include required mitigation and or
ix) That the approved elevation drawings shall be implemented as
approved or be substantively similar to the approved elevations as part
of issuance of any building permit(s).
b) Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any building permits shall be in
compliance with the approved plan. Any changes or revisions to the plan
require the approval of the City's Manager, Site Plans.
13. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
14. That the Owner enter into an agreement with City of Kitchener to secure the
following conditions, in relation to mitigation of traffic noise from Frederick
Street, for all dwelling units on both retained and severed lots; and that a copy of
this Agreement is submitted to the Regional Municipality of Waterloo to the
satisfaction of the Region.
a) That the owner/developer agree to construct the dwelling with a forced air -
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future at the occupant's discretion.
b) That the following noise warning clauses will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers/tenants are advised that sound levels due to increasing
road traffic on Frederick Street may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)."
ii. "This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium -density developments
will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits
of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)."
REPORT HIGHLIGHTS:
The purpose of this application is to sever a parcel of land into two new lots to
facilitate the construction of semi-detached duplex dwelling.
The key finding of this report is that the requested severance meets the criteria of the
Planning Act.
There are no financial implications.
Page 221 of 248
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 north side of Frederick Street and east of the
intersection of Frederick Street and Lois Street. The surrounding neighbourhood consists
of a variety of residential uses such as single detached dwellings, semi-detached
dwellings, and multiple dwellings that vary in lot size and area.
Figure 1: Location map- 680 Frederick Street
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 Four Zone (RES -4)' in Zoning By-law 2019-
051.
The purpose of the application is to server a parcel of land to facilitate the construction of a
semi-detached duplex dwelling. The site currently has a single detached dwelling that is
proposed to be demolished to construct the semi-detached duplex dwelling. Staff would
prefer the construction of the building occur prior to the severance application to sever
along the created party wall, however the applicant has submitted in advance of demolition
of the existing single detached dwelling on site and construction of the proposed semi-
detached duplex dwelling. The applicant will survey the property during/after the
construction of the semi-detached dwelling units to ensure the semi-detached dwelling has
been sited accurately on the new building lots.
Page 222 of 248
The severed lot would have a lot frontage on Frederick Street of 7.6 metres, a lot depth of
45.7 metres and an area of 348.3 square metres, while the retained lot would have a lot
frontage on Frederick Street of 7.6 metres, a lot depth of 45.7 metres and an area of 348.3
square metres.
Staff visited the subject property on February 29, 2024.
Figure 2: Existing Single Detached Dwelling at 680 Frederick Street
A previous application to sever the lands was made to the Committee of Adjustment and
was heard on May 16, 2023. The application was refused by Committee for lack of
elevation drawings and floor plan drawings. The applicant has provided elevation and floor
plan drawings as part of this application.
The current application included a floor plan drawing for the ground floor only. Through the
circulation of the application, Staff requested floor plan drawings for the basement and
second floor. These drawings have been provided by the applicant and are included in this
report as Figures 5, 6 and 7, and the complete design set has been included as
Attachment `A'. The revised drawing set also slightly modified the proposed front yard
setback in order to comply with the RIENS front yard setback requirements.
Page 223 of 248
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit -supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creation of new lot for a future semi-
detached duplex dwelling that is compatible with the surrounding community and will make
use of the existing infrastructure. No new public roads would be required for the proposed
development. Planning staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. The
subject lands are in close proximity to transit and the subject lands are in closer proximity
to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the
minimum intensification and targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing
to meet projected needs of current and future residents.
The subject lands are located within the City's delineated built up area. The proposed
development represents intensification and will contribute towards achieving the City's
intensification density targets. The severance application will help make efficient use of
existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that
the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The
proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
Page 224 of 248
provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking -
water supply and wastewater systems, and a broad range of social and public health
services. Regional policies require Area Municipalities to plan for a range of housing in
terms of form, tenure, density and affordability to satisfy the various physical, social,
economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
City's Official Plan (2014)
The subject lands are designated `Low Rise Residential' (Map 3) in the 2014 Official Plan.
The Low Rise Residential land use designation permits a full range of low density housing
types which may include single detached dwellings, semi-detached dwellings, street
townhouse dwellings, and low-rise multiple dwellings. The Low Rise Residential land use
designation encourages mixing and integrating different forms of housing to achieve and
maintain a low-rise built form.
The proposed severance to facilitate the use of the lands for a new semi-detached duplex
dwelling is permitted by this residential land use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
properties."
Page 225 of 248
574
S+;.a figs 4i
4,n i�17
Ss3
102
55d'� - SB7 1
Tai 5T7Sa1
540 577
5.3# 5n7 -
530
524 559514 72 i
5t+7 553. 774
C, 12 _. 714
77nm
7f 700 ,
513 90
>ri b55- 1�9
729
137..
- GY'703
��
C0 nby4 1' 171
0 4A9 a 199
685
673 ,4 far
Saf
4. 1... 137. iyS OF' - '4 172
lid}K}\
F5f BBS
127 � ILCW�
1sT11 117
Figure 3: Pattern of Development/Surrounding Lot Fabric
The proposed lot widths and lot areas of the proposed severed and retained lots will meet
the minimum `RES -4' zone lot width and lot area requirements and minor variances are
not required. Planning staff is of the opinion that the size, dimension and shape of the
proposed lots are suitable for the use of the lands and compatible with the surrounding
neighbourhood which is developed with single detached, semi-detached and multiple
dwellings with lots sizes that vary in width, depth, and area. The lands front onto a public
street and full services are available. There are no natural heritage features that would be
impacted by the proposed consent application. Planning staff is of the opinion that the
proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law 2019-051
The subject property is zoned as `Low Rise Residential Four Zone (RES -4)' in Zoning By-
law 2019-051.The `RES -4' zone permits a range of low density dwelling types such as
semi-detached duplex dwellings. The `RES -4' zone requires a minimum lot width of 7.5
metres (internal lots) and a minimum lot area of 210 square metres for semi-detached
dwellings. The proposed lot widths and lot areas of the proposed severed and retained lots
meet the minimum `RES -4' zone lot width and lot area requirements.
Page 226 of 248
l�
�I
j ? I PROPOSED
I: TWO-STOREY
DUPLEX
i
4i
PROPOSED
TWO-STOREY
DUPLEX
Figure 4: Severance Sketch
w�rmw+ra�eru�nar � u:4
ifl Rlr�N.lOIP9 TIX" @f G'e'+
5
Page 227 of 248
I
I.
I
1
Ix I
i
TI
MST
TAif
_
]M1r_
,yaKif
A
Ar
I
IIrTtlLF
GffIfAYP:"N.
I
Y
Of14/IT
I
Figure 4: Severance Sketch
w�rmw+ra�eru�nar � u:4
ifl Rlr�N.lOIP9 TIX" @f G'e'+
5
Page 227 of 248
Figure 5: Basement Floor Plan
Page 228 of 248
0
0
0
y
x
x r
pf
f
IrM
H -I
L1
J_J
1!)GV
Figure 5: Basement Floor Plan
Page 228 of 248
Figure 6: Ground Floor Plan
Page 229 of 248
�L
I'
ON 11M HMI
Figure 6: Ground Floor Plan
Page 229 of 248
Figure 7: Second Floor Plan
Page 230 of 248
-1=== = =■■= =■■=10 0 Fri
X11__ ______ ______=
ice.-��■� ■
M MMM
------------
1PEM _ _ _- ==_= __= _= _= __ ----------------- - = -- I■
1111111= IIII IIII - _ -- -- -- __________ ______ __ ___ __ __ ___ __ __ _ ■
—-�1_-=
Environmental Planning Comments:
The owner shall enter into an agreement on both the severed and retained lands to
submit, obtain approval of, and implement a Tree Preservation / Enhancement Plan prior
to demo, grading, building permit.
Heritage Planning Comments:
No Heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
Engineering Division Comments:
• Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
• The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
sanitary, storm and water municipal services are currently available to service this
property. Any further enquiries in this regard should be directed to
nolan. beatty(a)kitchener.ca.
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of the
building.
• A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the satisfaction
of the Engineering Division prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will
have to pump the sewage to achieve gravity drainage from the property line to the
municipal sanitary sewer in the right of way.
• ADVISORY ONLY — please note, Frederick Street (Bruce -Victoria) is scheduled for full
road reconstruction in the coming year. There is a possibility for the installation of new
servicing required, being included in the construction tender contract. This would
alleviate the requirement to go through Engineering's Off Site Works process. The
new servicing would be installed by the reconstruction contractor at time of
construction. Costs associated for the installation of the new services would be the
responsibility of the property owner and based on construction tender pricing. Please
contact nolan.beatty(o)kitchener.ca, shailesh.shah(a)kitchener.ca,
Iicinio.costa(o)kitchener.ca regarding details on this project.
Page 232 of 248
Parks/Operations Division Comments:
Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash -in -lieu dedication required is $11,862.00. Park
Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage of 7.62 metres at a land value of $36,080.00 per frontage
metre with a per unit cap of $11,862.00.
There are no city owned street trees that will be impacted by this development.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed application.
Region of Waterloo Comments:
The applicant is seeking to sever the existing residential lot to create an additional
residential lot. The applicant proposes to demolish the existing dwelling and detached
garage, and to construct a semi-detached duplex dwelling on the retained and severed
parcels. The retained lands will have a lot width of 7.6m along Frederick Street with a lot
depth of 45.7m and a lot area of 349.3m2. The conveyed lands will have a lot width of
7.65m along Frederick Street with a lot depth of 45.7m and a lot area of 349.3 m2. The
application was originally submitted in 2023 (B 2023-019) but refused because the
concept plan was not provided.
Regional Fee
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Environmental Noise
Both severed and retained residential lots may have impacts from road noise from traffic
on Frederick Street. The following conditions should be secured through a registered
agreement with the City of Kitchener for all dwelling units on both retained and severed
lots:
a) The dwelling will be fitted with a forced air -ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future at the
occupant's discretion.
b) The following noise warning clauses will be included in all offers of purchase, deeds
and rental agreements:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Frederick Street may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and Parks
(MECP)."
"This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in low
and medium -density developments will allow windows and exterior doors to
remain closed, thereby ensuring that the indoor sound levels are within the sound
Page 233 of 248
level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)."
Regional Staff has no objection to this application subject to the following condition(s):
That as a condition of approval the Owner/Applicant submit the required consent
review fee of $350 to Regional Municipality of Waterloo.
2. That as a condition of approval the Owner/Applicant enter into an agreement with City
of Kitchener to secure the following conditions, in relation to mitigation of traffic noise
from Frederick Street, for all dwelling units on both retained and severed lots; and that
a copy of this Agreement is submitted to the Regional Municipality of Waterloo to the
satisfaction of the Region.
a) That the owner/developer agree to construct the dwelling with a forced air -ducted
heating system suitably sized and designed with provision for the installation of air
conditioning in future at the occupant's discretion.
b) That the following noise warning clauses will be included in all offers of purchase,
deeds and rental agreements:
"The purchasers/tenants are advised that sound levels due to increasing road
traffic on Frederick Street may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits
of the Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP)."
"This dwelling has been fitted with a forced air -ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant's discretion. Installation of central air conditioning by the occupant in
low and medium -density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)."
Hydro One:
We are in receipt of your Application for Consent, B 2024-005 dated January 26th, 2024.
We have reviewed the documents concerning the noted Application and have no
comments or concerns at this time. Our preliminary review considers issues affecting
Hydro One's'High Voltage Facilities and Corridor Lands' only.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Page 234 of 248
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
• DSD -2023-208
ATTACHMENTS:
Attachment A — Revised Design Set (including floor plans for all floors)
Page 235 of 248
I
111111111111111111111111111111
li�i�r!
�i�i�i�i�i�i�i�i�i�
1111,1,1,1,1,1.111111111111111
�
1111
1111111111111
I
�
II
1111-�-�-�-�-�-`1111111111111
11111111111111111111111111111
IN
1111111 f®111
®
M
1111111111111111111111111111111!1!n
11111111111111111111111111111
11111.1.1.1.1.1.111111111111
•
e1e1!1!1e1e1e1!1!�■
1i1i 1i1i1i1i1i1i1
i1i11.1.1.1.1•Iti1i1i1i1ii1i1i �
i!i!i!i!i!i!i!i!i!i!i!i!ii!i!i
jj�
F --
LU
LU
C=) U)U
LU
co I I
0
LU
cc
NVId 311S
h
o cl;N
16
d
V
�LL
0 o cti
LLL
o cti
�
LL=
cr w
-
----- _
_ (NIW)wZ�
T A 8ES 3016303w_
0
-
_
II II II
II II
II
II
_
c am¢
c w
c
w
O }O
a
0
_
a F-- a
W
�
v
Q
Z
O
O
J
m
NVId 311S
:HiHON lO3rOHd
---
---------
--
-
----- _
_ (NIW)wZ�
T A 8ES 3016303w_
-,
-
_
_
—_ _ _
_ _ _ _-----._.
AVMH1Vd 301s
___-_—
_
_ __
_
_ _ _ _ _
O }O
_
a F-- a
-
O
4M.
_
— _
_ — _ — _
— _ — _ — _ — _ — _ —
_ — _
_ —
_ —
_ — _ — _ — --
CD HH J
CL O
— N�V913s 301s 303NI1
301s
-
------10lIVA301s)ssVH9
--_--AVMH1Vd
L,li_
:HiHON lO3rOHd
F --
LU
LU
U)
U
LU
0
LU
I
.8. IlNn - NVId HOOIJ IN3W3SVG
:HiHON lO3rOHd
.0-, l = .1/ :31VOS
F --
LU
LU
U)
U
LU
0
LU
I
.a. IINn - NVId mooij aNnoug
:HiHON lO3rOHd
"o-, l = .1/ :31VOS
771
.............
LLJ
7k
¢ ws €
a
IF, I rr
# •a �_ s- rn w l
"e
� 0 1
�n oY4" uremuwr
e
n
ea x
:HiHON lO3rOHd
"o-, l = .1/ :31VOS
$L
a, _
w
�
LU
LU
cn
m S N O I IVA 3 1 3 HOlH3lX3
�
�e
U
rr
LU
fn
LU
rr
�
III lillillivill
.
� \----------- I \ --------------
\�\ \
�■ :» -------------
OHM
- :
■
�| �|
<< \
■ >
\
|
|
_ ■
r)
^rZ
- = j
■| ---_
-
„ �
......
\ \ ^�\ ^�® ^� \......
2m[�. ]1 oS
N*
Region of Waterloo
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner's Office
150 Frederick Street, 8" floor
Kitchener Ontario N2G 4B Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/24 KIT
March 7, 2024
Re: Comments on Consent Applications - B 2024-005, B 2024-006
Committee of Adjustment Hearing March 19th, 2024
City of Kitchener
Please accept the following Regional planning comments for the above -noted
Consent applications to be considered at the upcoming Committee of Adjustment
Hearing.
Document Number: 4622501
Page 243 of 248
B 2024-004
546-548 Peach Blossom Crt
Owner/Applicant: Paul Florica (Klondike Homes Ltd.)
The applicant is seeking consent to sever a currently vacant lot into two residential lots
for the purpose of constructing a semi-detached dwelling on each lot. The retained
lands being 402.1 sqm in lot area with 9.36m frontage. The conveyed lands being
407sgm in lot area with 9.93m frontage. A minor variance application is not required to
facilitate the severance.
Regional Fee:
Regional Staff are in receipt of the required consent review fee.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and Regional policies (WHPSA 2) (ROP Map 6a).
A Notice of Source Water Protection Plan Compliance, issued under S. 59(2), is
required by the Region to determine whether the proposed activities are subject to S. 57
(Prohibitions) or S. 58 (Risk Management Plan) of the Clean Water Act.
Airport Zoning Regulations
There are no concerns with the proposed development. The subject lands are within the
Airport Zoning Regulation area, specifically located under the airport runway flight path,
therefore subject to those regulations, including building height limit. If the use of a
crane is required above 1 00f then a Land Use Application must be submitted to NAV
Canada.
Environmental Features
The subject lands are within the Delineated Built-up Area and Urban Area Boundary
(ROP Map 1, 2). The rear lot line abuts lands within the Greenlands Network identified
as Core Environmental Feature (CEF) (ROP Map 4). Development contiguous to a CEF
will only be permitted in accordance with an Environmental Impact Study (ROP 7.C.10),
such that there is no adverse environmental impact on the feature or ecological function
of a CEF. As the lands comprise a lot within a plan of subdivision (30T-95015 registered
on Aug 12, 2002), impacts to the Core Environmental Feature were assessed through
that process, appropriate setbacks were determined and the location of the fence line
established to demarcate the limits of the CEF. As such, the Region has no further
requirements with respect to the CEF and the subject application.
Regional Staff has no objection to this application subject to the following
condition(s):
That as a condition of approval the Owner/Applicant submit a S.59 Notice in
accordance with the Clean Water Act, to the satisfaction of the Region.
Version: 1
Page 244 of 248
B 2024-005 680 Frederick St
Owner/Applicant: Calin Pele (Maresalo Holdings Inc. - Owner) /Adrian L. Rosu
(Duncan Linton LLP)
The applicant is seeking to sever the existing residential lot to create an additional
residential lot. The applicant proposes to demolish the existing dwelling and detached
garage, and to construct a semi-detached duplex dwelling on the retained and severed
parcels. The retained lands will have a lot width of 7.6m along Frederick Street with a lot
depth of 45.7m and a lot area of 349.3m2. The conveyed lands will have a lot width of
7.65m along Frederick Street with a lot depth of 45.7m and a lot area of 349.3 m2. The
application was originally submitted in 2023 (B 2023-019) but refused because the
concept plan was not provided.
Regional Fee
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Environmental Noise
Both severed and retained residential lots may have impacts from road noise from traffic
on Frederick Street. The following conditions should be secured through a registered
agreement with the City of Kitchener for all dwelling units on both retained and severed
lots..
a) The dwelling will be fitted with a forced air -ducted heating system suitably
sized and designed with provision for the installation of air conditioning in
future at the occupant's discretion.
b) The following noise warning clauses will be included in all offers of purchase,
deeds and rental agreements:
i. "The purchasers/tenants are advised that sound levels due to
increasing road traffic on Frederick Street may occasionally interfere
with some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the Ministry
of the Environment Conservation and Parks (MECP)".
"This dwelling has been fitted with a forced air -ducted heating system
and has been designed with the provision of adding central air
conditioning at the occupant's discretion. Installation of central air
conditioning by the occupant in low and medium -density developments
will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits
of the Waterloo Region and the Ministry of the Environment
Conservation and Parks (MECP)".
Regional Staff has no objection to this application subject to the following
condition(s):
1. That as a condition of approval the Owner/Applicant submit the required consent
review fee of $350 to Regional Municipality of Waterloo.
Version: 1
Page 245 of 248
2. That as a condition of approval the Owner/Applicant enter into an agreement with
City of Kitchener to secure the following conditions, in relation to mitigation of
traffic noise from Frederick Street, for all dwelling units on both retained and
severed lots; and that a copy of this Agreement is submitted to the Regional
Municipality of Waterloo to the satisfaction of the Region.
a) That the owner/developer agree to construct the dwelling with a forced air -
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future at the occupant's discretion.
b) That the following noise warning clauses will be included in all offers of
purchase, deeds and rental agreements:
i. "The purchasers/tenants are advised that sound levels due to
increasing road traffic on Frederick Street may occasionally
interfere with some activities of the dwelling occupants as the
sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and
Parks (MECP)".
ii. "This dwelling has been fitted with a forced air -ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant's discretion. Installation of central
air conditioning by the occupant in low and medium -density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)".
Version: 1
Page 246 of 248
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant's
expense as per By-law 23-062. If any other applications are required to facilitate the
application, note that fees are subject to change and additional requirements may apply.
Any future development on the lands subject to the above -noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above -
noted Regional condition clearances.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above. Should you require
Regional Staff to be in attendance at the meeting or have any questions, please do not
hesitate to contact the undersigned.
Thank you,
Erica Ali
Planner, Community Planning
Version: 1
Page 247 of 248
March 7, 2024
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 Ms. Blake,
Re: Committee of Adjustment Meeting — March 19, 2024
Applications for Minor Variance
A 2024-017
31 Belmont Avenue West
A 2024-018
351 Blucher Boulevard
A 2024-019
50 Falconridge Drive
A 2024-020
499 Forest Hill Drive
A 2024-021
132 Dalewood Drive
A 2024-022
167 Forfar Avenue
Applications for Consent
B 2024-004 546-548 Peach Blossom Court
B 2024-005 680 Frederick 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 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 248 of 248