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Home My WebLink AboutCA Agenda - 2024-06-18 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: May 28, 2024 REPORT NO.: DSD-2024-276 SUBJECT: Minor Variance Application A2024-044 160 Webster Road RECOMMENDATION: That Minor Variance Application A2024-044 for 160 Webster Road requesting Permission under section 45(2)(a)(ii) of the Planning Act to permit the enlargement of a legal non-conforming use, the 'Sale, Rental and Service of Industrial Equipment' in a 'Heavy Industrial Zone (EMP-3)' to facilitate the enclosure an existing open loading area that is 128.76 square metres in size, in accordance with Site Plan Application SP24/012/W/AA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations with respect to the requested application for Permission for 160 Webster Road. The key finding of this report is that the application be approved. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located in the Trillium Industrial Park on the east side of Manitou Drive and the south side of Fairway Road South. The subject lot currently contains an existing office and warehouse for the sale, rental and service of industrial equipment, with an existing parking lot and loading space. The property is surrounded by industrial buildings in the Heavy Industrial Employment Zone and commercial buildings in the Commercial Campus Zone. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Industrial Employment AreaUrban Heavy Industrial Employment Land Use in the Heavy Industrial Employment Zone (EMP-3-law 2019-051. Figure 1: The proposed property on the Zoning map. The purpose of the application is to facilitate the enclosure of an existing open loading area of 128.76 square metres. The current loading area is roofed but not considered part of the building area. The proposal includes adding large overhead rolling doors and a man door; in accordance with the Conditionally Approved Site Plan Application SP24/012/W/AA. Figure 2: The proposed Site Plan. The Zoning Occupancy Certificate from 2021 (number 21-113233) permits the existing use of Sale, Rental, and Service of Industrial Equipment as a Legal Non-Conforming use, initially established under the M-4 zone in Zoning By-law 85-1. The M-4 zone, a heavy industrial zone, permits various industrial uses, including Biotechnological Establishments, the Sale and Storage of Heating Fuel, and the Sale, Rental, Storage, or Service of Tools and Industrial, Farm, or Catering Equipment. However, the current zoning, EMP-3, designated for Heavy Industrial Employment under Zoning By-law 2019-51, does not permit this specific use. The EMP-3 zone is intended for industrial uses, including noxious ones, and for activities requiring large tracts of land for sizable buildings, materials, and products situated away from sensitive land uses. As a result, the existing use became legal and non-conforming when the zoning changed. To accommodate any expansion or addition to this use, approval under section 45(2)(a)(ii) of the Planning Act. Section 45(2)(a)(ii) of the Planning Act: ii) the use of such land, building or structure for a purpose that, in the opinion of the committee, is similar to the purpose for which it was used on the day the by- law was passed or is more compatible with the uses permitted by the by-law than the purpose for which it was used on the day the by-law was passed, if the use for a purpose prohibited by the by-law or another use for a purpose previously permitted by the committee continued until the date of the application to the committee; Staff conducted a site visit on May 30, 2024 Figure 3: Front photo of the subject property. Figure 4: West photo of the subject property showing the existing loading area. Figure 5: A photo of the building side that will be closed. REPORT: Planning Comments: Case law sets out the tests to be applied by the Committee of Adjustment in considering applications under Section 45(2)(a)(ii). It should be noted that the test to be applied is not the four-part test for minor variances under Section 45(1) but rather whether the approval of the application: 1. Is in the public interest; and 2. Creates unacceptable or adverse impact upon abutting properties. Is Approval in the Public Interest? Staff are of the opinion that the approval of this application is in the public interest as it would allow for the continuation of the existing use. This expansion supports the stability and consistency of the local business environment, ensuring that the established industrial operations can maintain their contributions to the local economy. Additionally, the existing use integrates well into the current heavy industrial zone. Moreover, the area increase is within the buildable area of the existing building and will not have a significant impact or disruption on the adjacent properties. Maintaining the current use avoids the potential adverse effects that might arise from repurposing the site for a different use or relocating the business, which could involve significant construction or new environmental concerns. In conclusion, the proposal aligns with broader community goals by fostering economic strength, supporting industrial employment, and utilizing existing infrastructure efficiently. Therefore, approving the addition as a legal non-conforming use is in the public's best interest. Any Adverse or Unacceptable Impacts? Staff are of the opinion that permitting the expansion of the legal non-conforming use of Sale, Rental, and Service of Industrial Equipment on the subject property will not create any adverse or unacceptable impacts. The property has enough parking to accommodate the existing and proposed gross floor area. Staff note that the property is surrounded by industrial buildings in the Heavy Industrial Employment Zone and commercial buildings to the north. The current infrastructure is adequate to support the expansion without requiring significant modifications that might disrupt the local environment or community. The surrounding industrial and commercial properties are compatible with the continued use of the site for industrial equipment services, minimizing any potential conflicts or nuisances. The separation from sensitive land uses, such as residential and institutional areas, further reduces the likelihood of adverse impacts on the local population. The proposal has received conditional site plan approval, demonstrating that the site can function appropriately and that the addition will not have any significant impacts on adjacent properties, the overall neighbourhood, or the streetscape. Therefore, no adverse or unacceptable impacts are anticipated. Environmental Planning Comments: No concerns Heritage Planning Comments: No heritage planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition and renovation to the existing industrial building is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments Parks/Operations Division Comments: Parks and Cemeteries concerns and requirements have been addressed through SP24/012/W/AA. Transportation Planning Comments: Transportation Services has no concerns with this application. The Region of Waterloo Comments: No concerns Grand River Conservation Authority (GRCA) Comments: GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, permission from GRCA is not required. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519- 741- 2200 ext. 7765 PREPARED BY: Ben Suchomel, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 7 DATE OF REPORT: June 5, 2024 REPORT NO.: DSD-2024-271 SUBJECT: Minor Variance Application A2024-045 3 Ivy Lane Court RECOMMENDATION: That Minor Variance Application A2024-045 for 3 Ivy Lane Court requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a rear yard setback of 3 metres instead of the minimum required 7.5 meters to facilitate the construction of a raised one (1) storey addition and deck at the rear of the existing detached dwelling, generally in accordance with drawing and plans prepared by BHF Engineering Solutions Inc., dated April 25, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a raised one-storey addition and deck at the rear of the existing detached dwelling; The key finding of this report is that the minor variance meets the four tests of the Planning Act; There are no financial implications; Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting; This report supports the delivery of core services. BACKGROUND: The subject property is a corner lot containing a detached dwelling located on Ivy Lane Court. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Aerial Photo of the Subject Property. Urban Structure and is FourZone (RES-4-law 2019- 051. The purpose of the application is to review a minor variance application to facilitate the construction of a raised one-storey addition and deck at the rear of the existing detached dwelling. The subject property currently contains asingledetached dwelling, which has a front yard setback of 9.2metres, a right-sideyard setback of 1.2metres, and a left side yard setback of 4.5 metres, which all meet or exceed the minimum setback requirements outlined in Zoning By-law 2019-051. The existing rear yard setback is approximately 7.95 metres, which is greater than the minimum requirement of 7.5 metres. The applicant is proposing to add a raised one-storey additionand deck at the rear of the subject property. The proposed dimensions of the addition are 6.71metres in length, and 4.88metres in width (as shown in Figure 2). The deck is proposed to be similar in size as the existing deck, just shifted to allow the newaddition to be constructed off the patio door. As the existing rear yard setback is 7.95metres, the proposed addition with a width of 4.88 metres would result in a rear yard setback of 3 metres, which does not meet the minimum requirement set out in the Zoning By-law. Accordingly, a minor variance is requested to allow a rear yard setback of 3metresfor both the addition and deck. Figure 2: Site Plan. Figure 3: North Elevation. Figure 4: East Elevation Figure 5: West Elevation. rd Staff conducted a site visit to the subject property on June 3, 2024. Figure 6: Front View of Subject Property. Figure 7: Rear Yard of Subject Property. Figure 8: Existing Side Yard Screening and Vegetation. Figure 9: Rear Yard Screening. 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 p Land Use. This designation places emphasis on compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. It is the opinion of staff that the requested variance for reduction in rear yard setback for a proposed addition conforms to the land use designation. Accordingly, the variance to facilitate the raised one-storey addition and deck will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulations in Section 7.3, Table 7-2, is to ensure that the built form of residential dwellings is appropriate for the lot and for the surrounding neighbourhood. The intent of the minimum rear yard setback requirement is to ensure adequate private amenity space for residents, as well as adequate separation between buildings on adjacent properties. Staff is of the opinion that there will still be adequate amenity space and privacy, as a similar size deck with be provided and there is a fence and vegetation between the subject property and the adjacent properties. Additionally, staff also notes that the rear yard of the subject property abuts the side yard of the adjacent property rather than a rear yard. Staff is of the opinion that the minor variance will meet the intent of the By-law. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the effects of the requested variance are minor. The privacy concerns related to the adjacent properties are minimal, as the addition will be setback 3 metres from the rear lot line and there is a wood privacy fence between the subject property and the side yard of the adjacent property. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning staff is of the opinion that the variance to reduce the minimum rear yard setback is desirable and appropriate as it will facilitate the relocation of the existing deck and expansion of indoor living space for the dwelling, increasing the functionality and desirability of the residential property. Environmental Planning Comments: Applicant must ensure tree in rear yard of 7 Ivy Lane Court will not be impacted by construction activities. Heritage Planning Comments: Heritage Heritage Planning have no concerns with this application. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the single detached dwelling is obtained prior to construction.Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering has no comments with this application. Parks/Operations Division Comments: Parks/Operations Division have no concerns with this application. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority Comments: GRCA has no concerns with this application. Region of Waterloo Comments: Region of Waterloo has no concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. CONSULT- Planning Staff had a phone conversation with an adjacent neighbour and answered questions about the proposed addition. Planning Staff followed up by email to provide elevation drawings to the neighbour for information. 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 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: June 4, 2024 REPORT NO.: DSD-2024-284 SUBJECT: Minor Variance Application A2024-046 59 Cartier Drive RECOMMENDATION: That Minor Variance Application A2024-046 for 59 Cartier Drive requesting relief from Section 7.3, Table 7-3, of Zoning By-law 2019-051 to permit an interior side yard setback of 0.6 metres instead of the minimum required 1.2 metres to facilitate the construction of a one (1) storey addition at the rear of an existing semi-detached duplex dwelling, generally in accordance with drawings prepared by AFJ Building Design Inc., dated March 14, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of an addition at the rear of a semi-detached duplex dwelling. The key finding of this report is that the requested variance meets 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 rep Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located is located on the west side of Cartier Drive near the intersection of Laurentian Drive and Cartier Drive. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1: Location Map Urban Structure and is Plan. --law 2019- 051. The purpose of the application is to permit the construction of a one (1) storey addition at the rear of an existing semi-detached duplex which will replace an existing sunroom. Figure 2: View of Existing Semi-Detached Dwelling (May 30, 2024). Figure 3: View of Existing Sunroom (May 30, 2024). Figure 4: Concept Plan. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan the mixing and integrating of different forms of housing to achieve and maintain a low rise built form. Housing policies in the Official Plan encourage the retention and rehabilitation of older housing to maintain existing housing stock. Planning Staff are of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires a 1.2 metre side yard setback for a semi- detached dwelling (that is not a common wall) is to ensure that there is adequate access and separation from adjacent lands. Staff note that an existing sunroom in a similar location exists today and adequate access to the rear of property is provide on the opposite (northerly) interior side yard. In the opinion of Staff, the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The proposal intends to replace an existing sunroom in the same location with an addition to the semi-detached dwelling with new year-round habitable space. Staff do not expect adverse impacts or effects as the location of built form is not changing as part of the requested variance. Staff are of the opinion that the effects of the requested variance will be minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The use of the land as a semi-detached dwelling is not proposed to change. The location and scale of built form is also not proposed to change. The variance is desirable and appropriate as it will facilitate the construction of a rear yard addition in a similar location to the existing sunroom. Environmental Planning Comments: No Environmental Planning concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application for Building Permit has been made for the addition to the semi-detached dwelling. Engineering Division Comments: No Engineering comments. Parks/Operations Division Comments: No Parks/Operations comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM This report has been posted to the 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 inform 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 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: June 5, 2024 REPORT NO.: DSD-2024-269 SUBJECT: Minor Variance Application A2024-047 948 Chapel Hill Court RECOMMENDATION: That Minor Variance Application A2024-047 for 948 Chapel Hill Court requesting relief from Section 4.14.4 d) of Zoning By-law 2019-051 to permit a rear yard setback of 2.4 metres instead of the minimum required 4 metres, to permit the construction of an unenclosed rear deck, greater than 0.6 metres in height, onto a detached dwelling, generally in accordance with drawings prepared by Hickory Dickory Decks, dated May 1, 2024, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application requesting a rear yard setback of 2.4 metres rather than the minimum required 4 metres. The key finding of this report is that the requested minor variance meets the four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the North side of Chapel Hill Court in the Doon South neighbourhood, which is predominantly comprised of low rise detached residential uses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 - Aerial Photo of the Subject Property. Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Two Zone (RES-2-law 2019- 051. The purpose of the application is to request relief from Section 4.14.4 d) of Zoning By-law 2019-051, to permit a rear yard setback of 2.4 metres instead of the minimum required 4 metres to facilitate the construction of an unenclosed rear deck, greater than 0.6 metres in height. Approval of the variance will allow for the development of a functional deck due to the irregular shape of the lot; the western portion of the deck is restricted by the existing setback. Figure 2 - Proposed Site Plan. Planning Staff conducted a site visit on May 30, 2024 Figure 3 Site Photo of 948 Chapel Hill Court. Figure 4 - Existing rear yard where the deck is proposed. Figure 5 - Existing rear yard setback. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning Staff offers the following comments: General Intent of the Official Plan The subject property is on Map 3 Land Use. The intent of the Low-Rise Residential designation is to accommodate a diverse range of low- rise housing types while maintaining the low-density character of the neighbourhood. Official Plan policy 4.C.1.8 d), in regard to criteria that should be considered where a minor variance is requested, specifies that: appropriate buffering or screening is to be provided to mitigate any adverse impacts, particularly with respect to privacy. An existing vegetative buffer is located along the rear property line. The requested reduced rear yard setback will facilitate the construction of an unenclosed rear deck and maintains the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of the rear yard setback requirement is to ensure that there is an adequate separation from adjacent properties with respect to privacy concerns, and that there is functional appropriate amenity space for residents. Planning Staff is of the opinion that the proposed 2.4 metre setback will still provide an adequate amenity area and privacy from the rear adjacent property, as there is vegetative screening and sufficient buffering between properties. In the opinion of Planning Staff, the requested variance to permit a reduced rear yard to facilitate the construction of a functional unenclosed deck meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance of a 2.4 metre rear yard setback is minor, as any privacy concerns related to the adjacent property are minimal, and there are not any expected significant adverse impacts to the character of the neighbourhood. Additionally, staff note that much of the proposed deck appears near the required 4.0- meter rear yard setback. Due to the subject properties irregular lot shape, the western corner of the proposed deck is the only location that would meet the required setback. Thus, staff is of the opinion that the effects of the proposed variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Planning Staff is of the opinion that the variance to reduce the minimum rear yard setback is appropriate for the desirable use of the lands as it will facilitate the expansion of outdoor amenity space, increasing the functionality and desirability of the residential property. Staff also recognize that allowing the variance will allow a consistent deck width which will further improve its functionality and enhance the design. Environmental Planning Comments: No concerns. Heritage Planning Comments: The property is located adjacent to the Caryndale Neighborhood Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. Staff have no comments or concerns regarding this application. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the deck for the single detached dwelling is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comment. Parks/Operations Division Comments: No comment. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA Comments: GRCA has no objection to the approval of the above application. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises 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 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: June 5, 2024 REPORT NO.: DSD-2024-272 SUBJECT: Minor Variance Application A2024-048 101 Breckenridge Dr. RECOMMENDATION: That Minor Variance Application A2024-048 for 101 Breckenridge Drive requesting relief from Section 7.3, Table 7-4, of Zoning By-law 2019-051 to permit an interior side yard setback of 1.2 metres instead of the minimum required 2.5 metres, to permit the construction of a rear yard addition on an existing townhouse dwelling unit, generally in accordance with drawings prepared by GS Engineering, dated December 2023, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application for a reduced interior side yard setback of 1.2 metres to facilitate the construction of a rear yard addition on an existing townhouse dwelling unit. The key finding of this report is that the requested minor variance meets all four tests of the Planning Act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the southwest side of Breckenridge Drive, between Gibson Drive and Ottawa Street North. It is located in the Heritage Park neighbourhood which is primarily comprised of low-rise residential uses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Figure 1 - Location of Subject Property. Community Areas Urban Structure and is Low Rise Residential Low Rise Residential Five Zone (RES-5-law 2019- 051. The purpose of the application is to review a minor variance application for a reduced interior side yard setback of 1.2 metres to facilitate the construction of a of a rear yard addition on an existing townhouse dwelling unit. Figure 2 Proposed Site Plan. Figure 3 Proposed Main Floor. Planning Staff conducted a site visit on May 31, 2024. Figure 4 - View of 101 Breckenridge Drive from the Street. Figure 5 - The existing deck where the rear addition is proposed which would be setback from the fence. Figure 6 - View of the existing backyard. 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 Official Plan designation Low Rise Residential on Map 3 Land Use is to emphasize compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types while maintaining the low-density character of the neighbourhood. Emphasis is also placed on providing appropriate buffering or screening between properties to mitigate any adverse impacts, particularly with respect to privacy, when a minor variance is considered. In the opinion of Planning Staff are of the opinion that the requested side yard setback of 1.2 metres will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 2.5 metre side yard setback for a townhouse dwelling is to provide rear yard access where the dwelling does not share a wall with the adjacent property. Staff notes the subject property does provide adequate rear yard access on the west side of the dwelling. The proposed addition is on the side of the unit that shares a common wall with the easterly adjacent property. The proposed 1.2 metre setback will still provide adequate buffering and sufficient access to the easterly side of the addition. Staff also note that the subject property is fenced which will provide screening, that along with the buffering will offer adequate privacy between the properties. It is the opinion of Planning Staff that the impacts of the proposed interior side yard setback will be minimal and will not affect adjacent properties or the low-rise residential character of the neighbourhood. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested 1.2 metre interior side yard setback is minimal as the reduced setback will provide sufficient buffering between the adjacent property as well accommodate appropriate access to the easterly side of the addition. The proposed setback of 1.2 metres is not expected to present any significant impacts to adjacent property and the overall character of the neighbourhood. 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 desirable use of the lands as it will facilitate the expansion of indoor amenity space for the dwelling, increasing the function and desirability of the residential property. The reduced side yard setback will offer greater functionality for the proposed use than the minimum setback of 2.5 metres. Environmental Planning Comments: No concerns with the proposal, care should be taken during construction to not impact retained tree(s) or their roots in the rear yard. It is recommended that temporary protective fencing be installed (as per Appendix E construction commencing. Heritage Planning Comments: No heritage planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application for a Building Permit has been made for the addition to the townhouse. Engineering Division Comments: No comment. Parks/Operations Division Comments: No comment. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA Comments: GRCA has no objection to the approval of the above application. Region of Waterloo Comments: There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6 km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Kirsten Hoekstra, Student Planner, 519-741-2200 ext. 7078 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 5, 2024 REPORT NO.: DSD-2024-274 SUBJECT: Minor Variance Application A2024-049 - 174 Wellington St. N. RECOMMENDATION: That Minor Variance Application A2024-049 for 174 Wellington Street North requesting relief from Section 4.12.2 i) and Section 7.3, Table 7-6, of Zoning By-law 2019-051, to permit the following: i) A rear yard landscaped area of 24% instead of the minimum required 30%; and ii) A front yard setback of 0.98 metres instead of the minimum required 4.5 metres; to facilitate the conversion of a semi-detached dwelling (2 dwelling units on one lot) into a semi-detached duplex dwelling, for a total of four (4) dwellings units on one lot, generally in accordance with drawings prepared by Jeffrey Blackham, submitted with Minor Variance Application A2024-049, BE APPROVED subject to the following conditions: 1. 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. 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: Warning: The Applicant is advised that the subject land is located within *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 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. REPORT HIGHLIGHTS: The purpose of this report is to review minor variances to allow for the conversion of an existing semi-detached dwelling (2 dwelling units), to a semi-detached duplex dwelling (4-unit multiple dwelling) with a reduced front yard setback and a reduced rear yard landscaped area. The key finding of this report is that the requested minor variances meet all four tests of the planning act. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Wellington Street North between Weber Street West and Ahrens Street West. It currently contains a semi-detached dwelling. Both dwelling units of the semi-detached dwelling are on one lot under one ownership. on Map 2 Urban Structure and is Low Rise Residential Low Rise Residential Five Zone (RES-5-law 2019- 051. Figure 1 - Location of the subject property. The purpose of the application is to allow for the conversion of an existing semi detached with two dwelling units, to a semi-detached duplex on one lot (multiple dwelling with 4 dwelling units) having a reduced front yard setback and a reduced rear yard landscaped area. At the time of submission of the Minor Variance Application seven (7) variances were requested and advertised, however By-law 2024-074 of the Enabling Four Units now in effect, and only two variances, to amended Zoning By-law 2019-051, are required to facilitate this application. Staff note that 174 Wellington Street South is located within 800 metres of a Light Rail Transit (LRT) Station Zoning By-law 2019-051. , Zoning By-law 2019-051, -laws 2024-065 and 2024-066. Consequently, with the proposed amendments, the property will still be in the Central Neighbourhoods but no longer located 4 parking spaces to meet zoning by-law requirements. The minor variance for a reduced rear yard landscaped area is a balance between providing required parking and a sufficiently sized rear yard amenity area. Figure 2 Proposed Site Plan. Figure 3 Proposed unit entrances and indoor bike storage locations. Figure 4 Survey plan of Subject Property. Planning Staff conducted a site visit on May 30, 2024. Figure 5 - View 174 Wellington Street North from the street. Figure 6 - View of the existing front yard setback. Figure 7 - View of the existing rear yard amenity space (a). Figure 8 - View of the existing rear yard amenity space (b). REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning Staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential Official Plan designation is to encourage the highest range of low-density dwelling types on the widest range of lot sizes in low rise areas. This designation encourages residential intensification and redevelopment including additional dwelling units to respond to changing housing needs and as a cost-effective means to reduce infrastructure and services costs. The requested reduced front yard setback and rear yard landscaped area will facilitate the conversion of the existing semi- detached dwelling to a semi-detached duplex (4 dwelling units) which will maintain the general intent of the Official Plan. General Intent of the Zoning By-law Rear yard landscaped area: The intent of the regulation for minimum rear yard landscaped area is to ensure adequate amenity space for residents. The existing rear yard has a width of 15.4 metres and an approximate depth of 12.3 metres. Staff is of the opinion that there is sufficient land to accommodate four parking spaces and an appropriately sized amenity area. Therefore, Planning Staff are of the opinion that the requested variance for a reduced rear yard landscaped area meets the general intent if the Zoning By-Law. Front yard setback: The intent of the front yard setback regulation is to ensure buildings have a consistent setback to the property line to maintain a coherent streetscape. In this instance the 0.98 metre front yard setback is pre-existing and there are no proposed changes to the front yard setback. Staff notes that there is approximately 2.5 metres of existing city owned land between the property line and the sidewalk. Further, the subject property and its abutting properties have similar front yard setbacks to the principal dwelling. Therefore, staff are of the opinion that the proposed setback of 0.98 metres is and existing situation and in keeping within the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested reduction of the rear yard landscaped area is minor in nature as this reduction will permit four rear yard parking spaces in addition to adequate amenity area. Further, the requested front yard setback is pre-existing and there are no further proposed changes to this setback. Staff is thus of the opinion that 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 are of the opinion that the requested variances are desirable and appropriate as they will facilitate a gentle form of intensification within the existing residential building and utilize existing infrastructure which is a desirable and appropriate use of the land. The Environmental Planning Comments: No concerns due to nature of application (no apparent expansion of buildingfootprint or site development work). Requirement for 24% rear yard landscaping looks like it will be improvement over existing large parking area. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 174 Wellington Street North is located within the Mount Hope/Breithaupt Neighourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the two attached additional dwelling units is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comment. Parks/Operations Division Comments: Parkland Dedication will be required for the fourth residential unit to be paid prior to the issuance of the Building Permit. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA Comments: GRCA has no objection to the approval of the above application. Metrolinx Comments: 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.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warning clause has been inserted into all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the Railway Corridor: o Warning: The Applicant is advised that the subject land is located within 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. Region of Waterloo Comments: There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority th To:Committee of Adjustments, City of Kitchener June 18, 2024, Hearing From:Adjacent Developments GO Expansion and LRT Third Party Projects Review -Metrolinx rd Date:June 3, 2024 Re:A2024-049174WellingtonStN,Kitchener Metrolinx is in receipt of the Minor Variance application for 174 Wellington St N to facilitate the conversion of an existing Duplex into a 4-plex dwelling. M application are noted below: The subject property is located within 300m of the Metrolinx Guelph Subdivisionwhich carries Metrolinx's Kitchener GOTrain 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 foroperational emissions. The environmental easement provides clear notification to those who may acquire an interest in the subject property and reduces the potential for future land use conflicts. The environmental easement shall be registered on title of the subject property. A copy of the form of easement is included for the Owner's information. The applicant may contact Farah.Faroque@metrolinx.com with questions and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks). The Proponent shall provide confirmation to Metrolinx, that the following warningclause has been inserted into all Development Agreements, Offers to Purchase, and Agreementsof Purchase and Sale or Lease of each dwelling unit within 300 metres ofthe Railway Corridor: Warning: metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Best regards, Farah Faroque Project Analyst, Third Party Projects Review Metrolinx 10 Bay Street | Toronto | Ontario | M5J 2N8 1 Form of Easement WHEREAS the Transferor is the owner of those lands legally described in the Properties section of the Transfer Easement to which this Schedule is attached (the Easement Lands IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors and assigns, a permanent and perpetual non-exclusive easement or right and interest in the nature of a permanent and perpetual non-exclusive easement over, under, along and upon the whole of the Easement Lands and every part thereof for the purposes of discharging, emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time during the day or night (provided that doing so is not contraryto law applicable to Metrolinx) with noise, vibration and other sounds and emissions of every nature and kind whatsoever, including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic interference and stray current but excluding spills, arising from or out of, or in connection with, any and all present and future railway or other transit facilities and operations upon the lands of the Transferee and including, without limitation, all such facilities and operations presently existingand all future renovations, additions, expansions and other changes to such facilities and all future expansions, extensions, increases, enlargement and other changes to such operations. THIS Easement and all rights and obligations arising from the aboveeasement shall extend to, be binding upon and enure to the benefit of the parties hereto and their respective officers, directors, shareholders, agents, employees, tenants, sub-tenants, customers, licensees and other operators, occupants and invitees and each of its or their respective heirs, executors, legal personal representatives, successors and assigns. The covenants and obligations of a party hereto, if such party comprises more than one person, shall be joint and several. Easement in gross. 2 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 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 Ben Suchomel, Student Planner, 519-741-2200 ext. 7074 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: June 5, 2024 REPORT NO. DSD-2024-270 SUBJECT: Consent Application B2024-010 578 Guelph Street RECOMMENDATION: That Consent Application B2024-010 requesting consent to sever a parcel of land having a lot width of 9.1 metres, a lot depth of 36.5 metres and a lot area of 334.5 square metres, BE APPROVED subject to the following conditions: 1. That the Oprovide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information prior to deed endorsement. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 6. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 7. That any new driveways are to be built to City of Kitchener standards at the ector of Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer Engineering Services. 9. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering Services. 10. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park dedication of $11,862.00. 11. That the Owner shall fulfil one of the following requirements to ensure that any City-owned tree(s) will not be impacted by the proposed development: a) Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title to the severed and retained lands, which shall include the following: i) That the owner shall prepare a Tree Preservation and Enhancement Plan, in protection and preservation of the City-owned tree that is located adjacent to the severed and/or retained lands, to the satisfaction of and approval by other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the Director, Parks and Cemeteries. ii) The owner shall implement the Tree Protection and Enhancement Plan, prior to any tree removal, grading, servicing or the issuance of any Parks and Cemeteries. iii) The owner shall maintain the severed and retained lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. OR b) Make arrangements regarding financial compensation for the tree to be 12. That the Owner obtains Demolition Control Approval, in accordance with the - Development and Housing Approvals. 13. That the Owner obtains a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. 14. 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 following: a) That prior to any grading, servicing or the application or issuance of a demolition or building permit, the owner shall submit a plan, prepared by a qualified consultant, 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 (vii) building elevation drawings. (viii) If necessary, the plan shall include required mitigation and or compensation measures. (ix) That the approved elevation drawings shall be implemented as approved or be substantively similar to the approved elevations as part of issuance of any building permit(s). b) Any alteration or improvement to the lands including grading, servicing, tree removal and the application or issuance of any building permits shall be in compliance with the approved plan. Any changes or revisions to the plan Manager, Site Plans. 15. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: The applicant is requesting consent to create one new lot and retain one lot equal in size, eachproposedfora future duplex dwelling. There are nofinancial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located within close proximity tothe intersectionof Guelph Street and St.Leger Street, in theFairfield neighborhood,and isdirectly north of the Mount Hope Huron Park neighbourhood. The neighbourhood is comprised of a mix of low and mid-rise residential uses, and commercial/retail uses. Figure 1: Location Map 578 Guelph Street Urban Structure and is Land Use FourZone (RES-4-law 2019- 051. The applicant is requesting consent to create one new lot and one retained lot equal in size. To facilitate the redevelopment of the subject lands the applicant is proposing to demolish the existing single detached dwelling on the property and replace it withatwo- storey duplex dwelling on each of the severed and retained lands. The severed lot would have a lot width of 9.1 metres, a lot depth of 36.5 metres and an area of 334.5 square metres, while the retained lot would also have a lot width of 9.1 metres, a lot depth of 36.5 metres and an area of 334.5 square metres. Figure 2: Proposed Lot Fabric. Figure 3: Front and Rear Elevations. Figure 4: Right Elevation. Figure 5: Left Elevation. Planning staff conducted a site visit on June 3, 2024. Figure 6: Existing Single Dwelling at 578 Guelph Street. 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 two new lots for a future single duplexdwellingsthat arecompatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Therefore, Staff are 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, trails and parks. Policy 2.2.6.1(a) states that Municipalities will support housing choice through the achievement of the minimum intensification 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 proposed development represents intensification and will contribute towards achieving 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 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 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 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. : Urban Structure and is 4 Official Plan. The proposed severance is in conformity with this aspect of the plan and maintains the 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: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent The proposed lot widths and lot areas of the proposed severed and retained lots comply with -4 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 low rise residential uses with lot sizes that vary in width, depth, and area. The subject 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: our Zone (RES-4-law 2019- -4low-rise residential dwelling types including single detached, semi-detached and -4 minimum lot width of 9.0 metres and a minimum lot area of 235 square metres for detached dwelling units. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in -law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: Environmental Planning has provided the following comments: 1. No natural heritage issues. 2. Standard tree management condition requiring applicant to enter into an agreement to complete a Tree Preservation/Enhancement Plan prior to demolition, building permit etc. The study will likely be very scoped due to the general lack of tree cover on/adjacent to property. Heritage Planning Comments: Heritage Planning have no concerns with this application. 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: Engineering has provided the following 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 any new service connections that may be required to service this property, all prior to severance approval. Our records indicate municipal services are currently available to service this property. Any further enquiries in this regard should be directed to jason.brule@kitchener.ca. Any new driveways are to be built to City of Kitchener standards. All works are at the A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Grand River Conservation Authority: GRCA has no concerns with this application. Parks/Operations Division Comments: Parks/ Operations has provided the following 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 9.93 m at a land value of $36,080.00 per frontage meter with a per unit cap of $11,862.00. A City-owned tree will be impacted by the proposed development and the owner shall fulfill one of the following options: 1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title of the severed and retained lands, which shall include the following: a) That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City-owned tree that is located adjacent to the Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, landscaped area and vegetation to be preserved. No changes to the said plan shall be granted except with the prior b) The owner shall implement the Tree Protection and Enhancement Plan, prior to any grading, servicing, tree removal or the issuance of building permits, to the c) The owner shall maintain the severed and retained lands, in accordance with the approved Tree Protection and Enhancement Plan, for the life the development. OR 2. Make arrangements regarding financial compensation for the tree(s) to be removed, to Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: 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. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the required consent review fee of $350 to the Regional Municipality of Waterloo. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM- the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises 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 May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 18, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: June 5, 2024 REPORT NO.: DSD-2024-283 SUBJECT: Minor Variance Application A2024-050 - 51 Charles St. E. Minor Variance Application A2024-051 - 75 Charles St. E. Consent Applications B2024-011 to B2024-012 - 47-75 Charles Street East and 40-50 Eby Street South RECOMMENDATION: Minor Variance Application A2024-050 51 Charles Street East A. That Minor Variance Application A2024-050 for 51 Charles Street East requesting relief from Section 6.1.2 a) of Zoning By-law 85-1, to permit 0 parking spaces per dwelling unit instead of the minimum required 0.2 parking spaces per dwelling unit, in accordance with Site Plan Application SP24/013/C/TS, BE APPROVED. Consent Application B2024-011 51 Charles Street East B. That Consent Application B2024-011 requesting consent to sever a parcel of land having a lot width of 73.5 metres, a lot depth of 38.1, metres and a lot area of 2,790 square metres, and to create an irregular shaped easement over the severed lands, in favour of 75 Charles Street East, for access and servicing, generally in accordance with the Severance Sketch, prepared by JD Barnes Limited, dated June 6, 2024, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2024-050 receive final approval. 2. That the O associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the 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 *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4.That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitch Mapping Technologist. 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset prior to deed endorsement. 7. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That any new driveways are to be built to City of Kitchener standards at the 9. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfac 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 Director of Engineering Services. 10. The owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering Services. 11. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the rovals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 12. That Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 13. That a qualified designer is retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of Closing in of openings may be required, pending spatial separation calculation results. 14. That a Building Permit shall be obtained and closed for any remedial work/upgrades that may be required by the Building Code Assessment. 15. That prior to approval the Owner/Applicant submit the consent review fee of $350 per application for current and prior consent applications for a total of $700 to the Regional Municipality of Waterloo. 16. That prior to approval, the Owner/Applicant submit a Record of Site Condition (RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo for both severed and retained parcels, unless otherwise waived by the 17. That prior to approval, the Owner/Applicant enter into a development agreement with the Regional Municipality of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo as follows: a) That the owner agrees to construct all residential units with forced air- ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b) The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the building units/noise sensitive land uses e.g., daycare, medical building etc.: i) Noise Warning Type D: central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of ii) Noise Warning Type B: the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Minor Variance Application A2024-051 75 Charles Street East C. Minor Variance Application A2024-051 for 75 Charles Street East requesting relief from Section 6.1.2 a) of Zoning By-law 85-1, to permit 0 parking spaces per dwelling unit instead of the minimum required 0.2 parking spaces per dwelling unit and to permit a parking rate of 1 parking space per 140 square metres of Gross Floor Area (GFA) for office use instead of the minimum required 1 parking space per 90 square metres of Gross Floor Area (GFA) for office use, in accordance with Site Plan Application SP24/023/C/TS, BE APPROVED. Consent Application B2024-012 75 Charles Street East D. That Consent Application B2024-012 requesting consent to sever a parcel of land having a lot width of 31.8 metres, a lot depth of 43.5, metres and a lot area of 1,680 square metres, and to create an irregular shaped easement over the severed lands, in favour of 51 Charles Street East, for access and servicing, generally in accordance with the Severance Sketch, prepared by JD Barnes Limited, dated June 6, 2024, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2024-051 receive final approval. 2. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the 4. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener Mapping Technologist. 5. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information prior to deed endorsement. 7. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That any new driveways are to be built to City of Kitchener standards at the . 9. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the 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 satisfactio Director of Engineering Services. 10. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering Services 11. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the rovals: a) clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 12. T Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 13. That a qualified designer is retained to complete a Building Code Assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: Spatial separation of Closing in of openings may be required, pending spatial separation calculation results. 14. That a Building Permit shall be obtained and closed for any remedial work/upgrades that may be required by the Building Code Assessment. 15. That prior to approval the Owner/Applicant submit the consent review fee of $350 per application for current and prior consent applications for a total of $700 to the Regional Municipality of Waterloo. 16. That prior to approval, the Owner/Applicant submit a Record of Site Condition (RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo for both severed and retained parcels, unless otherwise waived by the 17.That prior to approval, the Owner/Applicant enter into a development agreement with the Regional Municipality of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows: a) That the owner agrees to construct all residential units with forced air- ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. b) The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the building units/noise sensitive land uses e.g., daycare, medical building etc.: i) Noise Warning Type D: central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of ii) Noise Warning Type B: the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the REPORT HIGHLIGHTS: The purpose of this report is to review minor variance applications to reduce parking requirements for both new parcels, and to permit severances to create 2 new parcels, and the creation of an easement. 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 the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject properties are located along Charles Street East and Eby Street South. The existing properties contain multiple buildings on the subject lands. The applicant proposes to demolish the existing structures on 47-63 Charles St. E. (Severed lands 1) in order to redevelop the properties for a new mixed use development, consisting of affordable residential units, office space and health office space. Severed lands 2 consisting of 75 Charles St. E. will also be redeveloped into a new mixed-use building consisting of residential units and office space, while 40-42 Eby Street will be demolished in order to provide access for parking for each of the severed lands. The retained parcel (50 Eby St. S) will remain a multiple dwelling building and the severance effectively reinstates the lot lines as they existed prior to merging on title. Lot sizes vary in width, depth, and area in this neighbourhood. Severance applications and minor variance applications were approved by the Committee of Adjustment in 2021. The severance applications have lapsed, and the applicant is reapplying for the same lot configurations that were previously approved. The minor variances that were approved are also still in effect for the new development, however the requests for a further reduced parking rates have been made. It should also be noted that the applications for the Site Plans were deemed complete prior to the new SGA zoning being approved by Council. No variances are required in relation to the SGA zoning and only the regulations of Zoning By-law 85-1 are required to be considered. Figure 1: Location Map: 47-75 Charles Street East and 40-42, 50 Eby Street South. Figure 2: Proposed lot fabrics The subject properties are Major Transit Station Area Urban Structure. The properties known as 47-75 Charles St. E. and 40-42 Eby St. S. are designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. 50 Eby St. S. is designated High Density Multiple Residential in the Cedar Hill Neighbourhood Secondary Plan. 47-55, 75 Charles St. E and 40-42 Eby St. S, area are zoned Commercial Residential Three Zone (CR-3) with Special Regulation Provision 136R. 63 Charles St. E. is also zoned CR-3. 50 Eby St. S. is zoned as Residential Nine Zone (R-9) in Zoning By-law 85- 1. The consent applications are requesting to sever an existing lot into three lots. The retained lands will contain an existing multiple dwelling and surface parking and Severed Parcel 1 (47-63 Charles St. E.) will contain a new mixed-use development, consisting of affordable residential units, office space and health office space. Severed Parcel 2 (75 Charles St. E., and 40-42 Eby St. S.) will contain a new mixed-use building consisting of affordable residential units and office space. An easement approximately 7.3 meters in width is also proposed in favour of both properties for access and services. Minor variance applications are also required for each of the severed parcels. Both severed parcels require a parking reduction, further than what was previous reduced and approved by the Committee of Adjustment in 2021. It also should be noted that the proposed new zoning of SGA-3 would reduce the requirements for parking, however the zoning is currently waiting the approval of the corresponding Official Plan Amendment and is not yet in effect at this time. Figure 3: Existing site conditions of 47-63 Charles Street East and 75 Charles Street East. Figure 4: Existing site conditions 75 Charles Street East. Figure 5: Existing site conditions of 40-42 Eby Street South and 50 Eby Street South. REPORT: 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: Planning Comments Minor Variance Application A2024-050 (51 Charles St. E.): General Intent of the Official Plan The requested variance meets the general intent of the Official Plan. The subject property is designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. The designation permits multiple dwelling building types as well as a range of uses which includes offices, office support services, and health office/clinics. The requested variance to permit a reduced parking requirement is appropriate. The Official Plan permits adjustments to parking requirements for properties within an area, 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 (OP 13.C.8.3). The requested minor variance for parking conforms to the direction of the Official Plan as there is alternative parking facilities located within 200 metres of the subject site, as well as the proximity to a light rail transit station. The proposed new building also incorporates enhanced TDM measures by including a large indoor secured bike storage area for building residents and employees. General Intent of the Zoning By-law The requested variance to permit the reduction in parking for the proposed new development meets the general intent of the Zoning By-law. The intent of the Zoning By- law parking rates is to ensure there is sufficient parking available for residents, visitors, employees and patrons within the development. The intended use of the new development is for supportive housing and it is the intent of the development to not require as many parking spaces because it is not expected for every resident to own or use a personal vehicle. The reduced parking rate isappropriate for the lands and is also supported by transportation staff. Further the proposed new zoning parking requirements in the new SGA zoning also reduce the parking requirement down to 0 within a Major Transit Station Area. Staff are supportive of the residential parking rate to be reduced to 0. 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? The reduction of the parking is considered minor. Staff are of the opinion that the requested variance will permit a new development that will be able to integrate within the established neighbourhood and will not negatively affect the surrounding area. The proposed parking rate is deemed to meet the needs of the proposed new use for the development and appropriate other modes of transportation are in close proximity for daily use. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance is appropriate for the development. The proposed development will provide affordable, supportive dwelling units, and the supportive services that residents will require. The development is in line with provincial, regional and City planning policies that support redevelopment and intensification of properties located close to the downtown core as well as a mix of housing types including affordable and supportive housing. The reduction in parking is appropriate and will not negatively impact the character of the subject property or surrounding neighbourhood. Planning Comments Minor Variance Application A2024-051 (75 Charles St. E.): General Intent of the Official Plan The requested variances meet the general intent of the Official Plan. The subject property is designated High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan. The designation permits multiple dwelling building types as well as a range of uses which includes offices, office support services, and health office/clinics. The requested variances to permit reduced parking requirements are appropriate. The Official Plan permits adjustments to parking requirements for properties within an area, 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 (OP 13.C.8.3). The requested minor variances for parking conform to the direction of the Official Plan as there is alternative parking facilities located within 200 metres of the subject site, as well as the proximity to a light rail transit station. General Intent of the Zoning By-law The requested variances to permit the reduction in parking, meet the general intent of the Zoning By-law. The requested variances to permit the reduction in parking for the proposed new development meets the general intent of the Zoning By-law. The intent of the Zoning By- law parking rates is to ensure there is sufficient parking available for residents, visitors, employees and patrons within the development. The intended use of the new development is for supportive housing, and it is the intent of the development to not require as many parking spaces because it is not expected for every resident to own or use a personal vehicle. The reduced parking rates are appropriate for the lands and is also supported by transportation staff. Further the proposed new zoning parking requirements in the new SGA zoning also reduce the parking requirement down to 0 within a Major Transit Station Area. Staff are supportive of the residential parking rate to be reduced to 0, and the reduction in parking for the office use. Staff is of the opinion that the requested variances meet the general intent of the Zoning By- law. Is/Are the Effects of the Variance(s) Minor? The reduction of the parking is considered minor. Staff are of the opinion that the requested variances will permit a new development that will be able to integrate within the established neighbourhood and will not negatively affect the surrounding area. The proposed parking rates are deemed to meet the needs of the proposed new uses for the development and appropriate other modes of transportation are in close proximity for daily use. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are appropriate for the development. The proposed development will provide affordable, supportive dwelling units, and the supportive services that residents will require. The development is in line with provincial, regional and City planning policies that support redevelopment and intensification of properties located close to the downtown core as well as a mix of housing types including affordable and supportive housing. The reduction in parking is appropriate and will not negatively impact the character of the subject property or surrounding neighbourhood. Planning Comments Consent Applications B2024-011 and B2024-012: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2014) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit-supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that the proposed applications will facilitate a form of intensification of the subject property with the creation of lots and a mix of uses that are 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 close 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. -up area. The proposed development represents intensification and will cont intensification density targets. The severance applications will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify t 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 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. on Map 2 Urban Structure and is designated Hill Neighbourhood Secondary Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent Furthermore Section 17.E.20.4 states: 17.E.20.4. Consents may be permitted for the creation of a new lot, boundary adjustments, rights of-way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created. The proposed lot widths and lot areas of the proposed severed and retained lots exceed the minimum CR-3 zone lot size requirements and minor variances are not required for the creation of the lots themselves. 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 variety of uses including residential, commercial and office 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. The proposed easement provides flexibility for the applicant to develop servicing and access that connects to and utilizes the existing infrastructure and creates a parking layout that is functional and accessible to both proposed developments. Planning staff is of the opinion that the proposed severances conform with the City of Kitchener Official Plan. Zoning By-law 85-1 47-55, 75 Charles St. E and 40-42 Eby St. S, area are zoned Commercial Residential Three Zone (CR-3) with Special Regulation Provision136R. 63 Charles St. E. is also zoned CR-3. 50 Eby St. S. is zoned Residential Nine Zone (R-9) in Zoning By-law 85-1. The proposed zoning for the properties in Zoning By-law 2019-051 is SGA-3, however the zoning is currently waiting the approval of the corresponding Official Plan Amendment and is not yet in effect at this time. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. The uses of both the severed and retained parcels are in -law. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. Staff is satisfied that the creation of the easement is desirable and appropriate. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: Tree Management Policy requirements to be addressed by the urban designer at Site Plan. Heritage Planning Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The properties municipally addressed as 47-75 Charles Street East & 40-50 Eby Street South is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill and Schneider Creek Secondary Plan area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Building Division Comments: The Building Division has no objections to the proposed variances. The Building Division has no objections to the proposed consent provided for the retained land: 1. A qualified designer is retained to complete a building code assessment as it relates to the new proposed property line and any of the building adjacent to this new property line shall addresses such items as: satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: A2024-050 51 Charles Street East - No comment A2024-051 75 Charles Street East - No comment B2024-011 51 Charles Street East 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 any new service connections that may be required to service this property, all prior to severance approval. Our records indicate municipal services are currently available to service this property. Any further enquiries in this regard should be directed to jason.brule@kitchener.ca. Any new driveways are to be built to City of Kitchener standards. All works are at the 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. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. B2024-012 75 Charles Street East 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 any new service connections that may be required to service this property, all prior to severance approval. Our records indicate municipal services are currently available to service this property. Any further enquiries in this regard should be directed to jason.brule@kitchener.ca. Any new driveways are to be built to City of Kitchener standards. All works are at the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Parks/Operations Division Comments: A2024-050 51 Charles Street East Parks and Cemeteries concerns and requirements have been addressed through Site Plan Application SP24/013/C/TS. A2024-051 75 Charles Street East Parks and Cemeteries concerns and requirements have been addressed through Site Plan Application SP24/013/C/TS. B2024-011 51 Charles Street East Parks and Cemeteries concerns and requirements have been addressed through Site Plan Application SP24/013/C/TS. B2024-012 75 Charles Street East Parks and Cemeteries concerns and requirements have been addressed through Site Plan Application SP24/013/C/TS. Transportation Planning Comments: As this development is within SGAone, the proposed parking supply of zero (0) parking spaces per dwelling unit will be of zero (0) parking spaces per dwelling unit is acceptable. Region of Waterloo Comments: A2024-050 51 Charles Street East No concerns. A2024-051 75 Charles Street East No concerns. B 2024-011 and B 2024-012 51 Charles St E/ 75 Charles St E PLAN 367 PT LOTS 2 to 5, PLAN 393 PT LOT 18 Owner: House of Friendship c/o Jackie Keller Agent: MHBC c/o Rachel Wolff The owner/applicant is proposing to sever the subject lands comprised of multiple parcels held in common ownership (Friendship House) into three distinct parcels, being Parcel 1 (merger of 47-63 Charles St E), Parcel 2 (lot addition of 40-42 Eby St to 75 Charles St E), and Parcel 3 (50 Eby St retained). The purpose of the consent applications is to facilitate the development of the subject lands: construction of 7-storey building with103 supportive/affordable housing units and integrated HUB office space (Parcel 1); construction of 10-storey building with 69 supportive/affordable housing units and commercial/office use at grade; retention of existing 2-storey supportive housing buildingwith no changes to site plan (Parcel 3); and establishment of shared access easement for pedestrian/vehicle movement and parking (Parcel 1 / 2). As a requirement of the previous site plan application, B2021-067 and B2021-068 were conditionally approved and lapsed on December 24, 2022. A2021-142 and A2021-143 were conditionally approved and an extension was granted to fulfill those conditions. I.e. relating to required parking, setbacks, podium height, and tower separation distance, as the proposal does not confirm to in-force ZBL 85-1 or proposed Growing Together ZBL. Archaeological Assessment (Advisory) The subject lands have archaeological potentials due to location within a historic landform, proximity to historic buildings and location within a historic core area. A few properties to note would be 47 Charles St E is a potential resource of interest circa 1897, 51 Charles St E is a potential resource of interest circa 1900, 67 Charles St E as known as the House of Friendship is considered to be a potential resource of interest and 75 Charles St E is considered to be a potential resource of interest. All of these properties are located within a potential heritage area of interest the Cedar Hill Neighbourhood. Please note that 90 Church St is a recognized heritage resource that is OHA Designated Part IV circa 1870 and must have minimal impacts to this site when demolition occurs, and development begins. Staff do not require the submission of an archaeological assessment due to the extensive disturbance that has occurred to these properties, however, the applicant should be made aware of the following: If archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or; If human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Regional Staff request a copy of any Heritage Impact Assessment required by the City Record of Site Condition Database as a Medium Threat. In accordance with the for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition (RSC) is required. The Region requires the following condition on approval of consent: 1. That as condition of approval, the Owner/Applicant submit a Record of Site Condition (RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo Commissioner of Planning and Development. Environmental Noise Impacts Conditions for Consent Applications: The proposed development may encounter environmental noise sources at this location due to traffic on Charles Street East (RR #64) and potential stationary noise sources in the vicinity. It is the responsibility of the applicant to ensure the proposed noise-sensitive development is not adversely affected by anticipated noise impacts. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the applicant enter into a Development Agreement with the Region of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows: 1. All dwellings and any noise sensitive units will be fitted with forced air-ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. 2. The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the dwelling units/noise sensitive land uses e.g. daycare, medical building etc.: 1) This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment." 2) Noise Warning Type B: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment." Conditions for Site Plan Stage (Advisory Comments): Regional staff advise that other requirements i.e. Dedicated Road Widening, Functional Servicing, SWM Report etc. which will be made conditions of the related Site Plan applications concurrently received and under review by the staff, for the subject development. Although, the requirement of a detailed noise study is not a Regional condition of a standalone Site Plan application, the proponents are strongly advised to undertake a detailed environmental noise study and develop the Site accordingly. This would avoid any retrofit to the building/site/units at a later stage. Water Services (Advisory) The applicant should be made aware that no connection to the 300mm Charles Street E regional watermain will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services for February 2023. Housing Services (Advisory) The following Regional policies and initiatives support the development and maintenance of affordable housing: o Objective 4.2 requires the Region to make affordable housing more available to individuals and families. -Year Housing and Homelessness Plan o contains an affordable housing target which is that 30% of all new residential development between 2019 and 2041 in Waterloo Region is to be affordable to low and moderate income households. amework o shows how the Region plans to create 2,500 units of housing affordable to people with low to moderate incomes by 2025. o Section 3.A (range and mix of Housing) contains land use policies that ensure the provision of a full and diverse range and mix of permanent housing that is safe, affordable, of adequate size, and meets the accessibility requirements of all residents. The Region supports the provision of a full range of housing options, including supportive housing. Housing Services has no concerns about the consent requests and supports this proposal. Regional Consent Review Fee Regional Staff are not in receipt of the required consent review fee of $700 for the current consent applications, or $700 for the prior consent applications which lapsed (B2021- 067/B2021-068). The balance of fees outstanding ($1400) is required as a condition of final approval for the consent application. Regional Staff has no objection to this application subject to the following condition(s): 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 per application for current and prior consent applications for a total of $700 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant submit a Record of Site Condition (RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo for both of Planning and Development. 3. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Regional Municipality of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows: 1. That the owner agrees to constructure all residential units with forced air-ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. 2. The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the building units/noise sensitive land uses e.g. daycare, medical building etc.: a) This building unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment." b) Noise Warning Type B: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment." 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 site 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 th Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 85-1 Growing Together Amendment, By-law 2024-065 DSD-2021-235 ATTACHMENTS: Attachment A Proposed Draft Reference Plan May 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 044 160 Webster Road No concerns. 2) A 2024 - 045 3 Ivy Lane Court No concerns. 3) A 2024 - 046 59 Cartier Drive No concerns. 4) A 2024 - 047 948 Chapel Hil Court No concerns. 5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for this application. However, the applicants are advised that the subject lands are located within the outer 6km of the airport zoning-regulated area and specifically under the takeoff approach surface. Accordingly, the lands are subject to all provisions of airport zoning. 6) A 2024 - 049 174 Wellington Street North There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/to the proposed development. 7) A 2024 - 050 51 Charles Street East No concerns. 8) A 2024 - 051 75 Charles Street East No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ 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: Mariah Blake, City of Kitchener CofA@Kitchener.ca Katrina Fluit, Region of Waterloo FYI only. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ 2 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Commissioner’s Office th 150 Frederick Street, 8floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali W. Phone: 226-751-3388 File: D20-20/24 KIT June 10, 2024 VIA EMAIL Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Amended Comments on Consent Applications - B 2024-011, B 2024-012 Committee of Adjustment Hearing June 18, 2024 City of Kitchener Staff issue the following addendum comments further to comments dated June 3, 2024. Document Number: 4703239 Environmental Noise: The proposed development may encounter environmental noise sources at this location due to traffic on Charles Street East (RR #64) and potential stationary noise sources in the vicinity. It is the responsibility of the applicant to ensure the proposed noise- sensitive development is not adversely affected by anticipated noise impacts. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the applicant enter into a Development Agreement with the Region of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows: 1. All dwellings and any noise sensitive units will be fitted with forced air-ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. 2. The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the dwelling units/noise sensitive land uses e.g. daycare, medical building etc.: 1) Noise Warning Type D: “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment." 2) Noise Warning Type B: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment." In summary, Regional Staff has no objection to this application subject to the following condition(s): 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 per application for current and prior consent applications for a total of $700 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant submit a Record of Site Condition (RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo for both severed and retained parcels, unless otherwise waived by the Region’s Commissioner of Planning,Developmentand Legislative Services. 3. That prior to approval, the Owner/Applicant enter into a development agreement with the Regional Municipality of Waterloo, to be registered on title for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows: Document Number: 4703239 Version: 1 1. That the owner agrees to constructure all residential units with forced air- ducted heating system suitably sized and designed and installed with air conditioning system prior to occupancy. 2. The following noise warning clauses be included in agreements of Offers of Purchase and Sale, lease/rental agreements and condominium declarations for the building units/noise sensitive land uses e.g. daycare, medical building etc.: a. Noise Warning Type D: “This building unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment." b. Noise Warning Type B: "Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic, rail transit, or stationary sources in proximity may on occasions interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment." Document Number: 4703239 Version: 1 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 Erica Ali Planner, Community Planning Document Number: 4703239 Version: 1 June3, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting June 18, 2024 Applications for Minor Variance A 2024-044160 Webster Road A 2024-0453 Ivy Lane Court A 2024-04659 Cartier Drive A 2024-047948 Chapel Hill Court A 2024-048101 Breckenridge Drive A 2024-049174 Wellington Street North A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South Applicationsfor Consent B 2024-010578 Guelph Street B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority