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HomeMy WebLinkAboutCA Agenda - 2024-08-20Committee of Adjustment Agenda Tuesday, August 20, 2024, 10:00 a.m. - 12:00 p.m. Conestoga Room City of Kitchener 200 King Street W, Kitchener, ON N2G 407 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in the Conestoga Room, Ground Floor, Kitchener City Hall, 200 King Street West, on Tuesday, AUGUST 20, 2024, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting. Anyone having an interest in any of these applications may make an oral submission at the meeting or provide a written submission for Committee consideration. The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5. NEW BUSINESS 5.1 A 2024-058 -175 Hoffman Street, DSD -2024-362 6 Requesting a minor variance to permit a parking rate of 0.64 parking spaces per unit (9 parking spaces) rather than the required parking rate of 1.0 parking space per unit (14 parking spaces) to facilitate the conversion of the existing 8 unit multiple dwelling to a 14 unit multiple dwelling in accordance with conditionally Approved Site Plan Application SP24/009/H/ES. 5.2 A 2024-059 -15 Strange Street, DSD -2024-348 18 Requesting minor variances to Zoning By-laws 85-1 and 2019-051 to allow for no visual barriers along the north and west side of the parking lot, whereas the By-law requires a visual barrier where the parking lot is located; to permit a parking rate of 0.58 parking spaces per unit (7 parking spaces) rather than the required parking rate of 1.25 parking spaces per unit (15 parking spaces); having 6% of the required parking as visitor parking (1 parking space) rather than the required 15% visitor parking (2 parking spaces) to facilitate the conversion of the existing 9 unit multiple dwelling to a 12 unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/048/S/AA. 5.3 A 2024-060 - 95 Brunswick Avenue, DSD -2024-353 33 Requesting minor variances to permit a front yard setback of 3m rather than the required 5.7m; and, to permit a covered front porch to be setback from the front lot line 2.4m rather than the required 3m to facilitate the construction of a 2 -storey addition and porch in the front yard of an existing single detached dwelling. 5.4 A 2024-061 - 25 Palace Street, DSD -2024-364 43 Requesting a minor variance to permit a parking rate of 0.085 for visitor parking spaces rather than the required 0.1 visitor parking spaces per unit to facilitate the registration of the Plan of Condominium for a mixed - used condominium development. 5.5 A 2024-062 - 40 Palace Street, DSD -2024-365 51 Requesting a minor variance to permit a parking rate of 0.085 parking for visitor parking spaces rather than the required 0.1 visitor parking spaces per unit to facilitate the registration of the Plan of Condominium for a mixed -used condominium development. 5.6 A 2024-063 - 908 Chapel Hill Court, DSD -2024-354 59 Requesting a minor variance to permit a rear yard setback of 3m rather than the required 4m to facilitate the construction of an unenclosed deck in the rear yard exceeding 0.6m in height of an existing single detached dwelling. Page 2 of 216 5.7 A 2024-064 - 67 Kimberly Crescent, DSD -2024-349 70 Requesting a minor variance to permit a lot width of 10.4m rather than the required 10.5m to facilitate the construction of an Additional Dwelling Unit (ADU) in the rear yard of an existing duplex dwelling. 5.8 A 2024-065 - 570 Frederick Street, DSD -2024-355 80 Requesting minor variances to permit an easterly side yard setback for a parking lot of 0.44m rather than the required 1.5m; to permit parking spaces to be located 4.2m from the street line along Bruce Street, rather than the required 4.5m; to permit the minimum required parking spaces for a Multiple Residential Dwelling to be 0 rather than the required 4 parking spaces (0.9 parking spaces per dwelling unit); to permit a Health Clinic in a Mixed Zone to have 8 parking spaces (1 parking space per 24.5 sq.m. Gross Floor Area (GFA)) rather than the required 11 parking spaces (1 parking space per 19 sq.m. GFA); to permit a right (interior) side yard setback of 1.2m rather than the required 4m; and, to permit the minimum ground floor building height, for any building with a street line fagade, of 3.66m rather than the required 4.5m, to facilitate the development of a 3 -storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP24/033/F/BB. 5.9 B 2024-017 & B 2024-018 - 135 Gateway Park Drive, DSD -2024-358 91 Permission to sever a parcel of land at the corner of King Street East and Gateway Park Drive having a width of 180m on King Street and an area of 2.01 hectares. The retained land at the corner of King Street East, Tu - Lane Street and Gateway Park Drive having a width of 57.6m on King Street East and an area of 1.82 hectares. Permission is also being requested to grant an access easement on the newly proposed lot line, and further to access points on Tu -Lane Street and Gateway Park Drive having a width of 7.3m and an area of 1,266 sq.m. The severance will allow both parcels to be dealt with separately for the purpose of financing. No changes are proposed to the buildings or parking areas. 5.10 B 2024-019 - 250 Shirley Avenue, DSD -2024-350 115 Permission to sever a triangular parcel of land in the easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed as a lot addition to the property municipally addressed as 260 Shirley Avenue. The retained land will have a width of 127.3m along Shirley Avenue and an area of 1.2 hectares. Both the severed and retained lands will continue to be of industrial use. 5.11 B 2024-020 - 573 Guelph Street, DSD -2024-351 135 Permission to sever a parcel of land so each part of a semi-detached dwelling may be dealt with separately. The severed land will have a width of 7.5m, a depth of 40.3m and an area of 302.25 sq.m. The retained land will have a width of 7.46m, a depth of 40.3m, and an area of 300.6 sq.m. Page 3 of 216 5.12 B 2024-021 - 62 Gage Avenue, DSD -2024-357 159 Permission to sever a parcel of land having a width of 15m, a depth of 28.5m and an area of 420 sq.m. The retained land will have a width of 17.8m, a depth of 28.5m and an area of 562 sq.m. The existing single detached dwelling is proposed to be demolished and two semi-detached dwellings are proposed to be constructed. 5.13 B 2024-022, A 2024-066 & A 2024-067 - 1180 Union Street, DSD -2024- 183 366 Permission to sever a parcel of land having a width of 15.6m on Maple Avenue, a northerly depth of 15.6m and an area of 235 sq.m. The retained land will have a width of 12.6m on Union Street, a depth of 22.3m, and an area of 302.6 sq.m. Minor variances are also being requested for the severed land, to permit a front yard setback of 3.3m rather than the required 4.8m; and, a rear yard setback of 3m rather than the required 7.5m to facilitate the construction of a new duplex dwelling on the parcel. Minor variances are also being requested for the retained land, to permit a lot width of 12.65m rather than the required 15m; to permit a westerly side yard setback where there is a driveway of 2.9m rather than the required 3m; to permit a side yard setback abutting Maple Avenue of 3.2m rather than the required 4.5m; and, to permit a rear yard setback of 2.8m rather than the required 7.5m to maintain the existing single detached dwelling municipally addressed as 1180 Union Street. 6. ADJOURNMENT Page 4 of 216 7. PLANNING ACT INFORMATION • Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing CofA(a)kitchener.ca. • Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings in the online Council and Committee calendar; see the meeting date for more details. • Anyone having an interest in any of these applications may attend this meeting. • Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal. • Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Marilyn Mills at marilyn.mills _kitchener.ca. • If you wish to be notified of a decision, you must make a written request to the Secretary -Treasurer, Committee of Adjustment, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 2nd day of August, 2024. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 5 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2024 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD -2024-362 SUBJECT: Minor Variance Application A2024-058 — 175 Hoffman Street RECOMMENDATION: That Minor Variance Application A2024-058 for 175 Hoffman Street requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit 9 parking spaces (0.85 parking spaces per dwelling unit) instead of the minimum required 14 parking spaces (1 parking spaces per dwelling unit) to facilitate the conversion the existing 8 -unit multiple dwelling to a 14 -unit multiple dwelling in accordance with Conditionally Approved Site Plan Application SP24/009/H/ES, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the redevelopment of a vacant multiple dwelling building by adding 6 units for a total of 14 dwelling units. • 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 a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Hoffman Street between Southdale Avenue and Kehl Street. The subject lands are adjacent to Queen Elizabeth Public School. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 216 Figure 1: Location Map The subject property is identified as a `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned 'Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate the redevelopment of the lands by adding 6 dwelling units to a multiple dwelling building that currently contains 8 dwelling units, to create a total of 14 dwelling units on site. The existing building is currently vacant. The applicant proposes to redesign the interior of the existing building to add the units, no new Gross Floor Area (GFA) is proposed. Site Plan Application SP24/009/H/ES received `Conditional Approval' on April 16, 2024. Page 7 of 216 Figure Figure 3: View from Hoffman Street (August 1, 2024) , 2024) Page 8 of 216 Figure 4: View of Existing Rear Parking Area (August 1, 2024) rUjr, C0111; CURB LANY 'APEI AREA EMTI RETAINING W 7 RE1,10ENTAL /014E Z.Ingp- Rc d&nflhl RETZ -h (MIL 20f!}'G51) Nu fmnr a[ U"Ih- 6 E.Mho UdN - to Ne,,, I VA, EV Pwkq R.q.lied- LkYmvG, 1� 'A kR E I LdA— TANI NuftwofPrOPMM (111h - U 111h EV P.✓'J'g F.'I"" — --------- ------- ------------------- 20 43 - ,So EXIF.TING 3—�,,TORFY YLE PaUKING MULTIPLE DWELLING UXBE111,) (8 JNITa EXISFINCn;, 1h UNIMS �R bp&- ';B'Old, U6� ? sp— PRGFOSED� r T" E 'HRKIIG Z sr.. � gSpeceel lnl," 0 Gj— Ch. 8& 81,�P 10B R�qdk.do l' ,', 2 Sm., ---------- _______i-______________________________ 1 25 1hj. 8 9�13p—, , On, R Wy* `eAlrg PmWO- 2 Harms Yulwl Sm— '-Ided - 6 sp— dP PENT 6T1TJT1(9NAL :GRE (G-1 ELIZABETH 'IT HLIG 5CFKXL) ) EXTC, CHAIN UNK FENf� FREE -8,,, H OSUAL BAR LAWICAT`Er, BAR, ER FREE P 'PA(E Q1111ILL'�EA1AAD RIVATE CABBAGE EXTI, AS+HAL-r tikJkUAC TO 13E Wrr'�(fr' - - - - - - - - - - - Figure 5: Conditionally Approved Site Plan SP24/009/H/ES Page 9 of 216 Z.Ingp- Rc d&nflhl RETZ -h (MIL 20f!}'G51) Nu fmnr a[ U"Ih- 6 E.Mho UdN - to Ne,,, I VA, EV Pwkq R.q.lied- P.Mrq kwlu! d- 201-rf Id p-. 1,0d,q 4 sr— LdA— TANI NuftwofPrOPMM (111h - U 111h EV P.✓'J'g F.'I"" 4 5,0" , (Fwum) Fl- -Sp,-RWIa UMWIODH6W-0.6Y(Fx 1 Spa—Bch. UMW (6) - 6 sr— Lend' (25 1 � 3 W 2 3 11 I , P, sp—" chs, A Skydk, P�6dnq R�quMd- Asphall t Haft Urfam Area. (644 22 �i%' �R bp&- ';B'Old, U6� ? sp— P;'kho P'Vodod- Chn A Wd. hNng, P -11n. Z sr.. � gSpeceel lnl," 0 Gj— Ch. 8& 81,�P 10B R�qdk.do l' ,', 2 Sm., 1 25 1hj. 8 9�13p—, , On, R Wy* `eAlrg PmWO- 2 Harms Yulwl Sm— '-Ided - 6 sp— Vlyltlnr P.Ibg Rej.Ir,3- S pa'khg sp*,Q M10"", Dhvwo's- 2'6m 5,5" 8,irflw Prem. Farkl q Re flm� 4% V R-,�,1jvd`r.,kIrg= SW' � Tp,A F"%163- sp.. ".�R' ",I Frm 1 d 0 spa'A T.tel P.N.9 Povdd- 12 sjm"m' SITE PLAN Rr AUD: SITE PLAN APPLICATION No. SP241009/HIES ' "' 4, RIGISTCRED PLAN 3b4 IN Tii L ci ry or I(ITC KENER, rRLGIONAL MUNICIPALITY 'IA' LILIl IIATI " 1000213586 Ontario Inc. SCALE 1: 25C City of Kitchener 175 Hoffman St. DAPE. F An,il 11, 2024 DEW, OPTIPJ7 SMICES DEPARTWPIT U; Figure 5: Conditionally Approved Site Plan SP24/009/H/ES Page 9 of 216 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 land use designation is to accommodate a full range of low density housing types, including the proposed multiple dwelling use. The Low Rise Residential designation encourages the mixing and integrating of different forms of housing to achieve and maintain a low rise built form. The requested variance to facilitate the redevelopment of the site by adding additional dwelling units maintains a low-rise form of development, while the use of multiple dwelling is permitted and would remain as the use on site. Planning Staff are of the opinion that the proposed development meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires 1 parking space per unit is to ensure that there is adequate storage for motor vehicles on site. While parking demands can fluctuate based on unit types, the Zoning By-law does not differentiate between a bachelor sized unit and larger family sized units (2-3 bedroom) in terms of minimum required parking per unit. The applicant is proposing to offer bachelor sized units with no parking space provided (6 bachelor units) and provide one parking space for each of the 1 and 2 bedroom units (8 units), plus one barrier -free space. This represents "unbundled" parking, in which parking is not included with each unit. Each potential lease of a bachelor unit would be aware that there is no parking provided with the unit. To support and encourage alternative modes of transportation including active transportation, secure bicycle parking is provided (7 Class A spaces) in accordance with the Zoning By-law. In regard to public transit, the subject lands are well served by GRT routes 3 and 16 and are located a 10 minute walk from the Mill Street LRT station. In the opinion of Planning Staff, the proposed provided parking of 9 resident spaces and 3 visitor spaces for a total of 12 parking spaces is adequate for a 14 -unit multiple dwelling on the subject lands with the provision of unbundled parking, and therefore meets the general intent of the Zoning 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, as the proposed development would provide a balance of options for parking for larger units, and alternative transportation modes are provided and supported in the site location and design. Page 10 of 216 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The lands are located just outside of a Major Transit Station Area and are well connected to bus transit and active transportation routes. The requested variance for reduction in vehicle parking is desirable and appropriate for the development of the lands. Environmental Planning Comments: Tree Management will be addressed via Site Plan Application SP24/009/H/ES. Heritage Planning Comments: There are no heritage concerns with the proposed variances. It should be noted the subject lands are adjacent to 191 Hoffman Street, which is part of the Heritage Kitchener inventory. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit Application has been made for 6 additional units to the existing apartment building. Engineering Division Comments: No concerns. Parks/Operations Division Comments: Park Dedication fees and Tree Protection requirements will be addressed through SP24/009/H/ES. Transportation Planning Comments: Transportation Services recommends that the vehicle parking for tenants be unbundled form the cost of a unit. This is more equitable for a tenant, as they do not pay for a parking space that they do not have. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 11 of 216 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 ATTACHMENTS: Attachment A — Conditionally Approved Site Plan SP24/009/H/ES Page 12 of 216 3dn1VNJIS 'NVId 311S a3AO2ld& 3H1 d0 Ad00 3NO d0 1d130321 S3903IMONNOV (INV NVId 311S a3AOdddV 3H1 H11M 30NVIldHOD NI 31lS 3H1 NIVINIVA (INV d0I3AK Ol S33bJV 213NMO 3H1 ::� o cn o = o N_ U) Cn � O � 7 �m 0 7 Non r z l*I 3 D N Cn w � N W o D j 3 3 m I I I 5.61 N REO'D INTERIOR SIDE N a>7 ZZ! 3.00 (g) T F-(n ' 2 - m Z DXF- �'wcnoo D - l*I 3 32iniVNOIS 10V JNINNVId 3H1 d0 bV N01103S Ol 1NVn Wd IVAObddV NVId 31lS 1N3Ai2]Vd3a S30IM3S 1N3Ad0I3A3(l 213N3HXIN 3O AM HOFFMAN STR--T z om LANDSCAPED -AREA EXTG. CONCRETE o SIDEWALK m z 4.57 m N 64' 0' 0" E 17.983m D mx op A z o � A � W n V W r w � N W T S j 3 3 m I I I 5.61 Z v Z O G) 9.46 REO'D INTERIOR SIDE YARDm ... C SETBACK] X ^� o m D 3.00 (g) T F-(n ' 2 - m Z DXF- �'wcnoo 0 N m w<n�m Z7 O Z O W DID m n to U'N m Z� UJ fTl a m m9 F � � . A y � _ ?a I DO impy C U ,......... O N v I,z N D sr 3 1218 5 I J I vv r I CJS mm� I I D AAm I O G) A m O \ A >M cni � m _ m z C X m v� Dm0 z m I m�� I oo� n - m ti Z m I I I I \ I \ I I I me I I � i I -------------------- =-=-=-- 10.40 7.13 tlausin tlausm tlOL SIA Zx z" s i mn c - r z2 II O DD N 64' 30 0" E 17.963m d c c Z nnn n iO << --- - m m m w D D mmm�m i mmU� m _ O_ i (p - = � m Fri �cf) ——— — — w � i N ti ti A 32iniVNOIS 10V JNINNVId 3H1 d0 bV N01103S Ol 1NVn Wd IVAObddV NVId 31lS 1N3Ai2]Vd3a S30IM3S 1N3Ad0I3A3(l 213N3HXIN 3O AM HOFFMAN STR--T z om LANDSCAPED -AREA EXTG. CONCRETE o SIDEWALK m z 4.57 m N 64' 0' 0" E 17.983m D mx op A z o � A � D 2.91 REO D INTERIOR SIDE YARD SETBACK 3.00 (6) A D D z n � 16 W n V W r mN OmfN/1 n j Dm m>D I I I 5.61 Z v Z O G) 9.46 REO'D INTERIOR SIDE YARDm ... C SETBACK] X ^� o 3.00 (g) T F-(n N U) m Z DXF- 0 N m O Z O W DID m n Z r 00 m D N E C Z Fll mpz O nm� m Z a I DO impy C U ,......... O N v I,z N D sr 3 1218 5 I J I vv r I CJS mm� I I D AAm I O G) A m O \ A >M cni � m _ m z C X m v� Dm0 z m I m�� I oo� n - m ti Z m I I I I \ I \ I I I 0.15 I I � i I -------------------- =-=-=-- 10.40 7.13 tlausin tlausm tlOL SIA Zx z" s mQ m z� 4 A C>O D O DO mn NA y mn II ILII z2 O DD N 64' 30 0" E 17.963m D 2.91 REO D INTERIOR SIDE YARD SETBACK 3.00 (6) A D D z n � 16 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 14 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 15 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 16 of 216 v vi�iix i ARCHITECTURE INC Ar-igr-ist 12, 2024 tt ntlion: Cornmittee of Adjustment City of Kitchener 2(:)(:) (King `]treeL. West Kitchener, ON N2(� 4G7 Dear Sir/Madam, Statutory F'o_.(blic Meeting A(..acjr s1:. 2(:), 2(::)2/4 Agenda Rem 5.1 Kyle I ord, 100021,, t,I) 6 Ontario Inc Richard D'Alessandro, NH :() Archaitecl ure Inc � kyleLbremacrealestate.com richard(a)neoarchitecture.ca C: As reque ,led, we s(_abrnit the following wnifien sut)inission in support of our armlication for Minor rn Variance, to be circulated to the Conirnittee for consideration I here is insufficient area on Site to accornrnodate more than the "12 parking SI -.)aces cxistinsj. I he cai—ise for this application is an interior alteration which proposes to convert 8 multiple dwellings into A multiple dwellincjs within an existing ysrorey bolding, which is an undertakin(j in ac,cmdaiice, with provii�ci<al arid call", to uclioir ira their ui,goW of fort to addie,,S the currcct hmising cw;is. I he req(jra.sts for relict herein are an appeal to those changing attitudes arid policies, which look to expanding public transit arid corresponding reductions in parkins) rcquiremerils, in order to facilirate r-nore housing fatter and wherever rnost feasible tc) do so. Six out of fourteen (0/14) dwelling units proposed (/I,')%) are Hachaelor Units, which are more affordable arid more likely to attrarct tenants that will utilize nearby public transit No Barrier I=ree Units are proposed. I he subject prooerty is within 800m of I R f Mill Station (Ry� I aw )0'19� ` 1 Appendix I :), placing it within a Major Transit Station Area (M FSA) where parking reductions are currently supported for ADI, Js (not completely unlike. this developrm ii and supported upon review for other uses.I..he subject proWyrty is also within the kraft Reacomrnended Influence Area idenlihed on Uhe planning Around Rapid I ransit `}Mations strady (Rockway Station Area), which further si.apports parking re(hictions as a way to prornote densificcal:ion. Bicycle Parkincj SiLalls will be provided in accordance with at, plicaL)le Zoning Ry I aaw )0'19 >1, and in order to facilitate non vehicular transportal on for lenants. the corresponding apt.alic, ation for Sfarnp Ilan A (SP)d/009/1 I/kS) has beei i prepared and submil led throuc,Jh careful consultation with City of Kitchener `'Taff, arid has ri granted C:onditiorial Approval. `=�h _ y grieshons�, concen�as or shoi_ald you require additional information with respec to ._� sou you have ars, the e('Ic:loscc d, please dna fioir to coiilat,l_ oo r oif ce. With kind regards, NEO Architecture Inc. CH D'A1....F`aSANDRZO Page 17 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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 9 DATE OF REPORT: August 2, 2024 REPORT NO.: DSD -2024-348 SUBJECT: Minor Variance Application A2024-059 — 15 Strange Street RECOMMENDATION: That Minor Variance Application A2024-059 for 15 Strange Street requesting relief from the following zoning sections of Zoning By-law 2019-51: i) Section 5.3 a) to not have to provide a visual barrier on the north and the west sides of the parking lot, where the by-law requires visual barriers in these locations, where a parking lot abuts a residential lot; and ii) Section 5.6, Table 5-5, to permit 6 parking spaces (0.50 parking spaces per dwelling unit) instead of the minimum required 12 parking spaces (1.0 parking space per dwelling unit) and 1 visitor parking space (0.075 of the required parking) instead of the minimum required 2 visitor parking spaces per dwelling unit (0.15 of the required parking); to facilitate the conversion of the existing 9 -unit multiple dwelling to a 12 -unit multiple dwelling in accordance with conditionally approved Site Plan Application SP24/048/S/AA, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the conversion of the existing 9 -unit multiple dwelling to a 12 -unit multiple dwelling. • The key finding of this report is that the requested variances meet the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 18 of 216 • This report supports the delivery of core services. BACKGROUND: The subject property is located north of Victoria Street South and east of the Iron Horse Trial in the Cherry Hill neighbourhood. Figure 1: Location Map Figure 2: Zoning Map The subject property is identified as a `Community Area' on Map 2 — Urban Structure and is designated as "Medium Rise Residential" on Map 3 — Land Use in the City's 2014 Official Plan. Page 19 of 216 The property is zoned `Medium Rise Residential Six Zone (RES -6)' under Zoning By-law 2019-051. The purpose of the application is to facilitate adding three (3) dwelling units in an existing 9 -unit multiple dwelling (for a total of 12 dwelling units) without any additions or exterior work to the existing building. The parking lot in the rear yard is being modified to move the parking spaces closer to the east side to increase the drive aisle in front of the parking and to accommodate type A barrier -free parking space. The following minor variances are required: • No visual barrier on the north and the west sides of the parking lot, whereas the zoning by-law requires visual barriers when a parking lot abuts a residential lot. • A reduction in the required number of parking and visitor parking. The notice for Minor Variance Application lists the variances under two Zoning By-laws, as the property was governed by Zoning By-law 85-1 and Zoning By-law 2019-51 (as amended by By-law 2024-066). Official Plan Amendment No. 49, which applies to the `Non -Protected Major Transit Station Area' lands, to move them into Zoning By-law 2019- 051, received Regional final approval and came into full force and effect on July 26, 2024. Therefore, this report is only reviewing the variances under Zoning By-law 2019-51. The applicant has submitted a Site Plan Application, SP24/048/S/AA, which has been reviewed with all applicable divisions and agencies and has received `conditional approval' subject to receiving approval of the minor variances. ADA,AAAPIC PINI'VIMW Ir1LRUAL C'XIEVYAI ,✓ Y+� .AFMIIA[i AWEA AYI6 AU;' -SS �✓"�PI,Uf ( '�� L"s TI&A1)drr4'EUS1V T: FRpFf1JNUEN➢dEpflJlLt ifLAf DAS4fAE4 91}IH p Art[I JB GfIr�lvu"R•• •• •• •• •• PX".�4 1Y1 tIJ6 LG40.J1YAL ZJHf _________ _____ --------------------------------------------------------- _________ .. ... .... _ IUE GJT U�GM ,.C17 PNI4CCWI'+f YPKT/�r�` ✓/ 'UP t, - __ _ SrP @------------ + -- ^IW iLL 7 757744- Lu ,$y � W \ I r XN('AA�+ra,Rlr'&EI wa IIC• 1411,54/"JL t .. P— RU P CHS q I'WI'ICP'fk y k.t �F� UI Ep GApIMGF Y Al E% 1,.. A 'ppxEr T ZO�o FYIEFt0.JCF 0 df U V I W VWl >L EXT—IT!NTY WJLE 6Ali pN S GF x�w`s " EXISTING WEL N DWELLINa ¢ MVILTIPLEY E DG i UNIi5eLLN1STINPG,7].UNITS PROPOSED) �D.Mor FA ItL�M�pal.� a" Purr nrvru r ? r 1 "'m art,rs .., rI r y, _ ..,- „� ....... iYl mlin. �.... /1 m 13. r IM1 ul'iLNL PUIWAIF Felll'AAs i �r¢' -uruxr•,.•,, ;, „ ,/-y��.ii 4NIL'12I.8f i NTfIRPO FfgIIC / C, q9( AvSA '%ff IVG fI rlr s� LIYI EY.'S x u N kb SMV P yy,y}g mm il' slcNAr'�E I��, > � r�r„ETizAclz LNLYLL PXrM - i' G6A51A OICIvW6!0 GA4Ydll fioA@IL,/ o-_LC1wrLfY[Yt6p'v`I ��� _��✓+ x'rr U'r)IJr. CAIIiN.- III AP; 1^Y'!'d NC,4'11'+131 WXIW: ]GNM3F ➢L1SA4'L'IIIT Y SL1ErvUVJ. nw Figure 3: Conditionally Approved Site Plan SP24/048/S/AA Staff visited the subject property on August 02, 2024. Page 20 of 216 Figure 4: The front view of the subject property from Strange Street Figure 5: The rear view of the subject property Page 21 of 216 Figure 6: A view of the west side of the property showing the existing rear parking lot relation with the abutting lot 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 shown within a `Community Area in the Urban Structure which plans to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. The city's 2014 Official Plan also designated it a `Medium -Rise Residential' Land Use. This land use accommodates a range of medium -density housing types, including townhouses in a cluster development, multiple dwellings, and special -needs housing. According to the Official Plan, Policy 13.C.8.6, the City will develop a parking reduction strategy for lands located within the Urban Growth Centre (Downtown) and Major Transit Station Areas to recognize the availability of and encourage the use of rapid and public transit. The parking strategy will consider parking regulations for lands located outside of these areas and requirements in neighbouring municipalities. The resultant parking strategy will be implemented through the City's Zoning By-law. This subject property is located near the Major Transit Station Areas, which provide access to active public transit and support a reduction in parking spaces. The requested variances to facilitate the conversion of the existing Multiple dwellings by adding three additional dwelling units maintain the residential form of development, while the use of Page 22 of 216 multiple dwellings is permitted and would remain as the use on site. The proposed variance aligns with this designation. Planning Staff are of the opinion that the proposed development meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned `Medium Rise Residential Six Zone (RES -6)' under Zoning By-law 2019-051. This zone permits various residential uses such as Multiple Dwellings, Residential Care Facilities, and Semi -Detached Duplex Dwellings. The intent of the visual barrier regulation when the parking lot abuts a residential lot is to minimize the impacts of car traffic, noise and light on the residential property. The parking lot location, in this case, exists, and it abuts the parking lot of the neighbouring residential property, which both are located in the rear yard. Thus, the cars in the parking lot have minimal effect on the residential buildings and both parking lots function in an open concept, as per Figure 6. The intent of the parking regulation is to ensure that the residents on site have sufficient parking spaces for travelling. Since the property is located near the Major Transit Station Areas, the residents of 15 Strange Street will have various options for modes of transportation locally, including an active bus route at Victoria Street South. The site also provides six Class -A bicycle parking spaces in the basement of the building to support the reduction in parking. Transportation staff has confirmed that the reduction of parking spaces also meets the intention of Zoning By-law 2019-051. Therefore, the proposal meets the general intent of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances' effects are minor, as the proposal has received conditional site plan approval to demonstrate that the site can function appropriately. The site is well -serviced by frequent transit and is in close proximity to existing commercial uses. As per the reasons previously noted, staff are of the opinion that the requested variances are minor in nature and will not create unacceptable adverse impacts on the subject property itself or adjacent lands. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance will facilitate a desirable form of missing middle housing inventory by adding three units to an existing building and by making use of existing infrastructure. Planning Staff is of the opinion that the requested variances are appropriate and desirable for the use of the lands. Environmental Planning Comments: Tree Management and flooding hazards will be addressed via Site Plan Application S P24/048/S/AA 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 Page 23 of 216 Landscape (CHL) conservation process. The property municipally addressed as 15 Strange St. is located within the Warehouse District 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 additional units is obtained prior to construction. Please contact the Building Division at building(a-kitchener.ca with any questions. Engineering Division Comments: No comments Parks/Operations Division Comments: Park Dedication fees will be addressed through SP24/048/S/AA. Transportation Planning Comments: Transportation Services recommends that the vehicle parking for tenants be unbundled from the cost of a unit. This is more equitable for a tenant, as they do not pay for a parking space that they do not have. Grand River Conservation Authority Comments: The GRCA has no concerns with the above -noted application. Please refer to the GRCA comments attached for Site Plan Application SP24/048/S/AA for details. We received review fees as part of the site plan application, and no further fees are required. A separate fee will be required for a GRCA permit. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 24 of 216 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 25 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 26 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 27 of 216 � n Administration Centre: 400 C:lyde Road, PC), Box /29 C cvnhridape, C)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ freer 14('56 (.)C)U 4/.;12 Fax;:,1 1) 021 4,S44 wwwgrandriver.ca Go n August 1, 2024 Committee of Adjustment City of Kitchener 200 King Street West Kitchener ON N2G 4V6 CofAC@kitchen er.ca Re: Minor Variance Application A2024-059 15 Strange Street, Kitchener 1000213586 Ontario Inc. The GRCA has no concerns with the above -noted application. Please refer to the GRCA comments attached for Site Plan Application SP24/048/S/AA for details. We received review fees as part of the site plan application, and no further fees are required. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2761 ext. 2292 or theywoodC)-grand rive r.ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. GRCA Comments dated June 11, 2024 Page 1 of 1 C ri'',) e i, oi,,(-,rv,'aIirraa ()rar arn:), rprr s,,rlirar i r i o's 36 Cori,'errtirrra A i C, I i o r i r i t-, ih'ie aC,rrri(J A Canadian 4leric�,r e River Page 28 of 216 � n t (Irninistiration Centre: 400 C:lyde Road, PC). Box /29 C cvnhridape, r)Id I`d 113 `M6 Ph4' in(.'k:'k P) 62 1 2/0 1 Tod@ free( 14('56 (.)C)U 4/,,.12 Fa x� ;:,1 1) 021 4,S44 wwwgrandriver.ca Go n June 11, 2024 Arwa Alzoor Planner City of Kitchener 200 King Street West Kitchener ON N2G 4V6 arwa.alzoor(a)-kitchen er.ca Re: Site Plan Application SP24/048/S/AA 15 Strange Street, Kitchener 1000213586 Ontario Inc. Dear Ms. Alzoor, Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application to add three additional dwelling units into an existing nine -unit building. Recommendation The GRCA has no concerns with the application. A GRCA permit is required prior to construction. Documents Reviewed by Staff Staff have reviewed the floor plans (NEO Architecture, revised May 16, 2024) and topographic survey (Guenther Rueb Surveying, dated February 20, 2024) submitted with this application. This follows our review of the previous site plan application (SP23/079/S/AA), which was withdrawn by the applicant. GRCA Comments The GRCA has reviewed this application under Ontario Regulation 686/21, acting on behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, as Page 1 of 2 C ri'',) e i, oi,, (,,rv,'aIirraa Ostern:), rgrrr s,,rlirar i r i o's 36 Cori,'errtirrra A iC,Iioririih'ie Gr,iri(J A Canadian 4leric�,rge River Page 29 of 216 well as in accordance with Ontario Regulation 41/24 and GRCA's Board approved policies. Information currently available at our office indicates that the subject lands contain the Westmount Creek floodplain. This reach of the floodplain is a two -zone policy area, and the property is entirely within the flood fringe. Residential development is permitted in the flood fringe subject to City and GRCA two -zone floodplain policies. The RFE for the property is 327.66 metres (CGVD 28) / 327.25 metres (CGVD 2013). The application demonstrates that the renovated floors are not affected by floodwaters, the additional dwelling units are above the RFE, and that safe access is available in the existing parking lot. As such, the GRCA has no concerns with the application. A GRCA permit is required prior to construction. Advisory Comment On April 1, 2024, the Prohibited Activities, Exemptions and Permits Regulation under Conservation Authorities Act (Ontario Regulation 41/24) came into effect. GRCA's policies were also revised to conform with the new regulation, and were approved by the GRCA Board on May 24, 2024. While these changes increased GRCA's regulated allowance around the floodplain from 5 to 15 metres, it did not change the applicable City and GRCA floodplain requirements. We received review fees as part of the previous site plan application, and no further fees are required. A separate fee will be required for a GRCA permit. We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2761 ext. 2292 or theywood(abgrand river. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority Encl. Resource Mapping cc: Richard D'Alessandro, NEO Architecture Page 2 of 2 Page 30 of 216 ARCHITECTURE INC A(..ag(..ist 12, 2024 Attenflon: Cornmittee of Adjustment City of Kik,hener 20() King `]treeL. West Kitchener, ON N2(� 4C}7 Dear Sir/Madam, Statutory P(_.(bhc Meeting A(..acJr sl:. 20, 2()2/4 Agenda Rem 5.2 Appliicaft A ertit: Kyie I ord,'O00y1.51)H6 Ontario Inc Prichard D'Aierxsandro Nf:O Archaitechire Inc kyleLbremacrealestate.com richardCa)neoarchitecture.ca C: As req(_je ,led, we s(_abrnit the following written sur)inission in support of our ah)plicati<>n for Minor rn Variance, to be circulated to the Conirnittee for consideration hh ,re is ins(ii'ficient area on Site to accornrnodate more than the 9 parking spaces existing. I he ca�_ase for hair; reapplication is an riterior alteration whicl-a proposes to convert 9 nwiti ie dwellings into 12 multiple dwellings within an existing 'f -storey building, Which is an undertaking in accordance with provieaciral sand raiunic.ip al calHs Ira ic:hu[i iPi their (,'1Horl to arfdr(,-.r>S iho how',d[a1; cni isl hc reaetuesls for relief herein are an appeal to those changing attitudes and policies, which look ho expanding public transit and corresapondincl red(.ictions in parking requirements, in order to facilitate more haousing fatter and wherever rnost feasible I do so. I hree out of twelve (W12) dwelling units; proposed are Rachelor Units, which are more. affordable and more likely to atl react tenants that will utilise nearby p(ablic transit. No barrier Free Unil:s arca proposed. I he sublect property is as-nearas-rnakesa no�difference to within f300m ol. hlz f Central Station (By� I aw 'I Appendix I, By-I.aw ;)O19 `a1 Appendix h), plaearac;) it within a Major L ransit `station Area (M SW for all ntents and purposes, where parking red(ichons are ceirrently supported for ADUs (not completely unlike this developneant) and supported upon review for other rises. Bicycle Parkin<1 Stalls will be provided in accordance with at, plicalsle Zoning RyI aaw )0'19 .>1, and in order to facilitate non vehicular transportal on for le rants. flae corresponding apt.alication for S> arnp Ilan A (Sk2'4/0/18/S/AA) has h>een prepared and suV_rmitted throuc,Jh careful consultation with City of Kitchener S'taff, arid has h>een granted Conditional Approval. `=th _ y elueshons�, concerns or shoi_ald you require additional iniorrnation with respec to ._� aou you have ars, the enclosed, please do riot hesitate to contact our office. With kind regards, NEO Architecture Inc. CH D'A1....E`:fSANDFI(9 A`_ `,oCI A Page 32 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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: August 7, 2024 REPORT NO.: DSD -2024-353 SUBJECT: Minor Variance Application A2024-060 — 95 Brunswick Avenue RECOMMENDATION: That Minor Variance Application A2024-060 for 95 Brunswick Avenue requesting relief from the following sections of Zoning By-law 2019-051: i) Section 4.14.7 b) to permit a covered front porch to be setback from the front lot line 2.4 metres instead of the minimum required 3 metres; and ii) Section 7.6 a) to permit a front yard setback of 3 metres instead of the minimum required 5.7 metres; to permit a front yard addition and porch to the existing dwelling, generally in accordance with drawings prepared by AK -architect, dated July 4, 2024, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit the development of a front yard addition and porch with a reduced front yard setback and a reduced covered front porch setback. • 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 33 of 216 BACKGROUND: The subject property is located on the west side of Brunswick Avenue near the intersection of Hartwood Avenue and Brunswick Avenue. It is located in the Fairfield neighbourhood which is primarily comprised of low-rise residential uses. Figure 1 — Aerial photo of 95 Brunswick Avenue (Outlined in Red). The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to review minor variances to permit reduced front yard setbacks to facilitate the construction of a front yard addition and porch. Page 34 of 216 0 2ND LEVEL (EX�ISTI 6 IN, GROUND LEVEL Figure 2 — Proposed Site Plan. Figure 3 — Proposed front elevation. Page 35 of 216 Figure 4 — Proposed rendering of front addition and porch. Planning Staff conducted a site visit on July 30, 2024. Figure 5 — Site photo of 95 Brunswick Avenue. Page 36 of 216 Figure 6 — Existing front 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 general 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. The proposed addition and porch are an appropriate use on residential properties and will not significantly change the existing massing, height, or other design characteristics of the dwelling. Thus, Planning Staff are of the opinion that the requested reduced front yard setback and covered front porch setback will maintain he general intent of the Official Plan. General Intent of 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. The Page 37 of 216 subject property and its abutting properties have similar front yard setbacks to the principal dwelling. Staff note that the existing addition partly encroaches over the required front yard setback, leaving the property with an existing front yard setback of approximately 3 metres. Therefore, Staff are of the opinion that the proposed setback of 3 metres is keeping within the general intent of the Zoning By-law. Covered front porch setback: The intent of the covered front porch setback is to ensure a consistent setback to the property line to maintain a coherent streetscape. The requested reduced setback of 2.4 metres will not have any significant adverse impacts to the streetscape. Thus, Staff are of the opinion that the proposed covered front porch setback of 2.4 metres maintains the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variance of a 3 metres front yard setback is minor, as the existing addition already encroaches on the required setback so there are no expected significant adverse impacts to streetscape. Additionally, staff note that due to the subject properties' irregular lot shape, the western corner of the proposed addition is the only location that requires the reduced setback. Further, the requested covered front porch setback is not anticipated to cause any significant adverse impacts to the streetscape. 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? Planning Staff is of the opinion that the variances to reduce the front yard setback and the covered front porch setback is appropriate for the desirable use of the lands as it will increase the functionality and desirability of the residential property. The proposed scale, massing, and height of the covered porch and addition are compatible with the existing dwelling on the property and will not negatively impact the existing character of either the subject property or the surrounding area. Environmental Planning Comments: No concerns. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the addition to the single detached dwelling is obtained prior to construction. Please contact the Building Division at building(Wkitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. Page 38 of 216 Enova Comments: Addition must meet the 5.5m setback from the centre running line of the overhead primary lines. See specification D11111. GRCA GRCA has no objection to the approval of the above application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 39 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 40 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 41 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 42 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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: August 7, 2024 REPORT NO.: DSD -2024-364 SUBJECT: Minor Variance Application A2024-061 — 25 Palace Street RECOMMENDATION: That Minor Variance Application A2024-061 for 25 Palace Street requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a visitor parking requirement of 9 visitor parking spaces (0.085 parking spaces per dwelling unit) instead of the minimum required 11 visitor parking spaces (0.1 spaces per dwelling unit), to facilitate the registration of a Plan of Condominium for a residential development having 104 dwelling units, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to reduce the required visitor parking to facilitate the registration of a Plan of Condominium for a residential development having 104 dwelling units. • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included notice signs being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on a private road (Palace Street) which is near the intersection of Ottawa Street South and Elmsdale Drive. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 43 of 216 Figure 1: Location Map The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Mixed Use with Site Specific Policy 31 on Maps 3 and 5 — Land Use and Specific Policy Areas in the City's 2014 Official Plan. The property is zoned `Mixed Use One Zone' (MIX -1) with Site Specific Provision (42)' in Zoning By-law 2019-051. The purpose of the application is to reduce the required visitor parking on site by 2 visitor spaces which will be re -delineated as standard parking spaces for condominium unit owners. The subject lands have received Site Plan Approval for the 104 multiple dwelling unit development and a Stamp Plan B Site Plan to re -delineate visitor parking spaces to standard parking spaces will be required if approved by the committee. This will be completed through the Draft Plan of Condominium Application as a condition of Draft Approval. Page 44 of 216 Figure 2: View of Existing Site Conditions MATCH LINE I �� I Vi I Figure 3: Approved Site Plan. SITE STATISTICS Zeri - I Lot Anau - 12 '1 59 rn= hildinq Coverage - 2,4% ml (20,5°Y j Landscaped Area - 2,085 ml (17,1`% Asphalt Y Hurd Swfuco Area- 7,67B rr? (62 Parking Required - 105 0.9� Udik - Resii -94 (0.1I - VIshur) 11 ParkIrgP`vIddd 1 115 O,erklrrg Sp.. Mind unr DI -winos -2,&m B."I. Parking Reqdred - 5 lbrra� F'la Parking ark g P -1i - 5 ks' Provision Required -29 EV ProvI Ion Provided -21 Class A 81cyoIs Perking Required - 52 (0,5PLI"I t I Class A Eicycler Parking Proposed -52 C� ,,a B Bicycle Parking Required - 6 (6 If '20 Joks� Clens B 81,y -I Pus king Propreed - b MULTI -RESIDENTIAL Number of Units- 104 Kru :of VII Spaces -91 Floor Space Buda -0.79 NO . I'E: ALL ASPHALT AREAS rO BE DEFINED WITH 0, 1 5M HIGH POURED CONCRE LE CURBING Page 45 of 216 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the `Mixed Use' land use designation together with Site Specific Policy 31 is to provide for an appropriate mix of commercial, institutional and mid -rise residential developments. Lands designated Mixed Use are transit -supportive, walkable an integrated and interconnected with other areas of the city. The proposed 104 unit multiple dwelling is a permitted use in the `Mixed Use' land use designation and an appropriate use for subject lands. Planning Staff are of the opinion that the requested variance will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 0.1 visitor parking spaces per unit (11 required for the subject lands) is to provide adequate visitor parking for visitors of the proposed development. The applicant met with Planning and Transportation Services staff in advance of submitting the application and provided a cover letter with a detailed explanation of the requested parking reduction which was reviewed by Transportation Services who have no concerns with the proposed parking rate of 0.085 visitor parking space per unit. In addition to adequate on- site visitor parking being provided for visitors, bicycle parking spaces will also be provided for users and visitors of the development and the subject lands are well connected to transit and active transportation routes. Staff are of the opinion that the proposed parking provision will provide for adequate parking for users of the residential development. 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 requested variance to reduce the required visitor parking to 0.085 parking spaces per dwelling unit (9 visitor spaces) rather 0.1 visitor parking spaces per dwelling unit (11 visitor parking spaces) is minor in nature. Staff is of the opinion that the requested variance will not inhibit the appropriate functioning of the residential development and will not negatively impact any of the adjacent properties or surrounding neighbourhoods. The total number of parking spaces on site is not proposed to change and adequate on-site parking is being provided for residents and visitors. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate for the development and use of the land as the subject lands are well connected to transit and active transportation routes. The requested variance for reduction in vehicle parking is desirable and appropriate for the development of the lands. Environmental Planning Comments: No Environmental Planning concerns. Page 46 of 216 Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: No Engineering comments. Parks/Operations Division Comments: No Parks/Operations comments. Transportation Planning Comments: In consultation with the applicant, Transportation Services supported the reduced visitor parking requirement of 0.085 visitor parking spaces/dwelling unit on July 3, 2024. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 47 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 48 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 49 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 50 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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: August 7, 2024 REPORT NO.: DSD -2024-365 SUBJECT: Minor Variance Application A2024-062 — 40 Palace Street RECOMMENDATION: That Minor Variance Application A2024-061 for 40 Palace Street requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a visitor parking requirement of 8 visitor parking spaces (0.085 parking spaces per dwelling unit) instead of the minimum required 10 visitor parking spaces (0.1 parking spaces per dwelling unit), to facilitate the registration of a Plan of Condominium for a residential development having 94 dwelling units, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to reduce the required visitor parking to facilitate the registration of a Plan of Condominium for a residential development having 94 dwelling units. • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • There are no financial implications. • Community engagement included notice signs being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property has frontage on two private roads (Frontage on Palace Street and Huntsworth Ave) abuts Ottawa Street South at the rear and the lands are located near the intersection of Ottawa Street South and Strasburg Road. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 51 of 216 Figure 1: Location Map The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Mixed Use with Site Specific Policy 31 on Maps 3 and 5 — Land Use and Specific Policy Areas in the City's 2014 Official Plan. The property is zoned `Mixed Use One Zone' (MIX -1) with Site -Specific Provision (42)' in Zoning By-law 2019-051. The purpose of the application is to reduce the required visitor parking on site by 2 visitor spaces which will be re -delineated as standard parking spaces for condominium unit owners. The subject lands have received Site Plan Approval for the 94 multiple dwelling unit development and a Stamp Plan B Site Plan to re -delineate visitor parking spaces to standard parking spaces will be required if approved by the committee. This will be completed through the Draft Plan of Condominium Application as a condition of Draft Approval. Page 52 of 216 Figure 2: View of Existing Site Conditions OTTAWA 311 *F I SITE PLAN -,LP-5- a771 PA Nr PARKSIDE TOWNS (PHASE 2) INCCity of Kitchener Ff 40 PALACE STREET —1111 -1,1f -O Figure 3: Approved Site Plan. Page 53 of 216 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the `Mixed Use' land use designation together with Site Specific Policy 31 is to provide for an appropriate mix of commercial, institutional and mid -rise residential developments. Lands designated Mixed Use are transit -supportive, walkable an integrated and interconnected with other areas of the city. The proposed 94 unit multiple dwelling is a permitted use in the `Mixed Use' land use designation and an appropriate use for subject lands. Planning Staff are of the opinion that the requested variance will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 0.1 visitor parking spaces per unit (10 required for the subject lands) is to provide adequate visitor parking for visitors of the proposed development. The applicant met with Planning and transportation Services staff in advance of submitting the application and provided a cover letter with a detailed explanation of the requested parking reduction which was reviewed by Transportation Services who have no concerns with the proposed parking rate of 0.085 visitor parking space per unit. In addition to adequate on- site visitor parking being provided for visitors, bicycle parking spaces will also be provided for users and visitors of the development and the subject lands are well connected to transit and active transportation routes. Staff are of the opinion that the proposed parking provision will provide for adequate parking for the residential development. 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 requested variance to reduce the required visitor parking to 0.085 parking spaces per dwelling unit (8 visitor spaces) rather 0.1 visitor parking spaces per dwelling unit (10 visitor parking spaces) is minor in nature. Staff is of the opinion that the requested variance will not inhibit the appropriate functioning of the residential development and will not negatively impact any of the adjacent properties or surrounding neighbourhoods. The number of parking spaces on site is not proposed to change and adequate on-site parking is being provided for residents and visitors. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variance is desirable and appropriate for the development and use of the land as the subject lands are well connected to transit and active transportation routes. The requested variance for reduction in vehicle parking is desirable and appropriate for the development of the lands. Page 54 of 216 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. Engineering Division Comments: No Engineering comments. Parks/Operations Division Comments: No Parks/Operations comments. Transportation Planning Comments: In consultation with the applicant, Transportation Services supported the reduced visitor parking requirement of 0.085 visitor parking spaces/dwelling unit on July 3, 2024. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 55 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 56 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 57 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 58 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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: August 7, 2024 REPORT NO.: DSD -2024-354 SUBJECT: Minor Variance Application A2024-063 — 908 Chapel Hill Court RECOMMENDATION: That Minor Variance Application A2024-063 for 908 Chapel Hill Court requesting relief from Section 4.14.4 c) of Zoning By-law 2019-051 to permit a rear yard setback of 3 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 Janssen Design, dated December 20, 2019, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application requesting a rear yard setback of 3 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 and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the east 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. Page 59 of 216 lisi W"I"I"'WPRIL r Figure 1 - Aerial Photo of the 908 Chapel Hill Court (Outlined in Red). The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to request relief from Section 4.14.4 c) of Zoning By-law 2019-051, to permit a rear yard setback of 3 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 to encroach into the rear yard setback will allow for the construction of a functional deck, currently restricted by the existing reduced rear yard and setback constraints. Staff note that the site has previously been subject to an approved Minor Variance Application A2019-133, which allowed a reduced rear yard setback of 6.1 metres rather than the required setback of 7.5 metres to facilitate the development of a single detached dwelling. Page 60 of 216 Figure 2 - Proposed Site Plan. a mom UO O 1cw1. T.o Fnd.WWad M x Itoff 0",90x8` , ". c . . i. ''" a*,r"^ > .x^ d '�"•'�' "". _ a. r C C�,'u'+WWf'S" �".N & as'"U'4pi�f.JW P4Jp 16Y„xy�pp. N 9v,wyi,&+" u tdwuayrw adw iaxae c:ar 'rMa°rr.w ° :r .• P T.p'.S ;,."".7%d�.,�.m.....r� y'T..., x.... ..-.'�i IYe•^ �........ -.W,. „«,�,,y« Y .s �,,. _ .. gra wc.nau�mar.-e wawxwrm '� ..+ na�r,.sa cmawaw,ry r.+aw«e aewwrw, .^^^^^;"" ,� r �, ,• ro 4 �s « «„ ,Ij T. 'Y. YW'a1koLq F*oWg Figure 3 — Proposed east elevation. Page 61 of 216 2-0- !n—w,!!Pie Ift or -r T',O- FM wag -a-93W, - - - - - - - - -- - ... —U�& 16GoEY 9-1�arm wr. -7 - 1318" r- 7 3w Figure 4- Proposed rear elevation. Planning Staff conducted a site visit on July 30, 2024 Page 62 of 216 Figure 5 — Site Photo of 908 Chapel Hill Court. Figure 6 - Existing rear yard where the deck is proposed. Page 63 of 216 Figure 7 — Existing Stormwater Management Pond abutting the rear of the property. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning Staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' 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 stormwater management pond 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 Page 64 of 216 that the proposed 3 metre setback will still provide an adequate amenity area and privacy from the rear adjacent property, as there is sufficient buffering between properties, due to the presence of a stormwater management pond abutting the rear property line. In the opinion of Planning Staff, the requested variance to permit a reduced rear yard setback to facilitate the construction of a functional unenclosed deck, greater than 0.6 metres in height, 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 3 -metre rear yard setback is minor, as any privacy concerns related to the adjacent properties are minimal, and there are not any expected significant adverse impacts to the character of the neighbourhood. 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 functional deck width which will further improve its use and enhance the design. Environmental Planning Comments: No concerns. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the rear yard deck is obtained prior to construction. Please contact the Building Division at building(a_kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No requirements. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA GRCA has no objection to the approval of the above application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 65 of 216 FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 • DSD -19-278 Page 66 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 67 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 68 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 69 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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 6 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD -2024-349 SUBJECT: Minor Variance Application A2024-064 — 67 Kimberly Crescent RECOMMENDATION: That Minor Variance Application A2024-064 for 67 Kimberly Crescent requesting relief from Section 4.12.3 g) of Zoning By-law 2019-051 to permit a lot width of 10.4 metres instead of the minimum 10.5 metres to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in accordance with drawing and plans prepared by Quinn Dressel Associates, dated July 18, 2024, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to facilitate the construction of an Additional Dwelling Unit (ADU) (Detached) in the rear yard of the subject property; • The key finding of this report is that the minor variance meets the four tests of the Planning Act; • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the northwest side of Kimberly Crescent. It is located it the Laurentian Hills neighbourhood which is primarily comprised of low-density residential and commercial uses. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 70 of 216 Figure 1: Aerial Photo of the Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of this report is to review an application for a minor variance to allow the construction of an Additional Dwelling Unit (ADU) (Detached) on a lot that that contains an existing single detached dwelling with an attached additional dwelling unit (duplex). Staff visited the subject site on July 30, 2024. Figure 2: Front View of Subject Property on July 30, 2024 Page 71 of 216 pMm � "i I 11 Figure 3: Site Plan Y,wEMY , , R 5 Figure 4: Front (South) Elevation Figure 5: Right (East) Elevation Page 72 of 216 Figure 3: Site Plan Y,wEMY , , R 5 Figure 4: Front (South) Elevation Figure 5: Right (East) Elevation Page 72 of 216 �I vz AS ��.. i ( n wnap �Hiww ies ��PI �I� d ...�....�� � w� MY1, Figure 6: Rear (North) Elevation Figure 7: Left (West) Elevation �AS4°MALI a�alnc�5'�� Figure 8: Existing Dwelling Rear Elevation Page 73 of 216 �M11AIpt]M1W„� "a ��WUMP�MI..l ------------- QA iR gni zr :. �FYE�Vpt3W� ��6'�TIW�AY,l 7n Figure 8: Existing Dwelling Rear Elevation Page 73 of 216 Figure 9: Additional Dwelling Unit Floor Plan REPORT: Planning Comments: I In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the `Low Rise Residential' designation is to accommodate a diverse range of low-rise housing types while maintaining the low-density character of the neighbourhood. 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 service costs. The requested reduced lot width will facilitate the development of an additional dwelling, which maintains the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the lot width regulation is to ensure that a property has sufficient amenity space, landscaped area, fire emergency access, and parking when there are two or three additional dwelling units, to ensure adequate site functionality. Staff note that due to the subject property's irregular lot shape, the rear of the property widens to a width of approximately 32.8 metres. Staff are of the opinion that there is adequate space on site for Page 74 of 216 site functionality. Thus, planning Staff are of the opinion that the requested reduced lot width of 10.4 metres would adequately accommodate these purposes and meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested reduction of the lot width can be considered minor in the opinion of Planning Staff as the lot width represents an existing condition and there are no proposed changes to this width. Staff do not anticipate any significant effects or adverse impacts as a result of the requested variance given the deficiency is 0.1 metres. Thus, it is Planning Staff's opinion that the effects of the proposed variances are 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 variance is desirable and appropriate for the use of the lands as it has the opportunity to facilitate a gentle form of intensification and utilize existing infrastructure. The additional third dwelling unit will also support the City's Housing Pledge. Environmental Planning Comments: Care should be taken during construction to not impact the root zone of trees on and/or adjacent to the property. It is recommended that temporary protective fencing be installed (as per Appendix `E' of the City's Tree Management Policy) prior to construction commencing. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application for Building Permit has been made for detached additional dwelling unit. Engineering Division Comments: No concerns. Parks/Operations Division Comments: There is existing Stormwater and Sanitary infrastructure along the northeast property line and under the proposed ADU. It is unclear if the City holds easements for this infrastructure and if the proposed location for the ADU is permitted within the easement if one exists on title. New easements may be requried by Development Engineering /Storm and Sanitary Utilities. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority (GRCA) Comments: Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application. GRCA has no objection to the approval of the above applications. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or Page 75 of 216 valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 76 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 77 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 78 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 79 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2024 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 2, 2024 REPORT NO.: DSD -2024-355 SUBJECT: Minor Variance Application A2024-065 — 570 Frederick Street RECOMMENDATION: That Minor Variance Application A2024-065 for 570 Frederick Street requesting relief from the following sections of Zoning By-law 2019-051: i) Section 5.3 e) i) to permit the parking lot to be setback 0.4 metres from a side lot line instead of the minimum required 1.5 metres; ii) Section 5.3.2 ii) to permit parking spaces to be located 4.2 metres from the street line instead of the minimum required 4.5 metres; ii) Section 5.6, Table 5-5, to permit the minimum parking requirement for Multiple Residential Building (Multiple Dwelling) MIX Zones to be 0 parking spaces (0 parking spaces per dwelling unit) instead of the minimum required 4 parking spaces (0.9 parking spaces per dwelling unit); iv) Section 5.6, Table 5-5, to permit a Health Clinic in a `MIX' Zone to have a parking requirement of 8 parking spaces (1 parking space per 24.5 square metres of Gross Floor Area (GFA)) instead of the minimum required 11 parking spaces (1 parking space per 19 square metres of Gross Floor Area (GFA)); v) Section 8.3, Table 8-2, to permit a right (interior) side yard setback of 1.2 metres instead of the minimum required 4 metres; and vi) Section 8.3, Table 8-2, to permit the minimum ground floor building height, for any building with street line fagade, of 3.6 metres instead of the minimum required 4.5 metres; *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 80 of 216 to facilitate the development of a 3 -storey mixed use building having 4 dwelling units and a health clinic in accordance with Site Plan Application SP241033/F/BB, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to assess minor variances requested to facilitate the approval of a 3 -storey mixed use building to be located at the corner of Bruce and Frederick Streets. • The key finding of this report is that staff recommends the approval of the minor variances as the development proposal will re -develop a site that has been vacant for some time with a high-quality and compatible building design. Furthermore, the site is located on Frederick Street that has a bus route and bike lanes and is within walking distance to a pharmacy, Frederick Street Mall and a grocery store. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: Trope r[y it! Figure 1 - Aerial Photo of Subject and Surrounding Properties Page 81 of 216 Figure 2 - Photo of 570 Frederick Street ............ L ................... ------------- 41 ------ L-4 ------ --------- - -4 PROPO` FF) SITF 11� AM N (1) Figure 3 - Site Plan L ....... ----- LU 7-,-7 LOT 30 EV57INC, F UN. DING SOWN N4YWNS: 4.IE Mi Wf VC S"I blr hr 1 111-L k 6, Page 82 of 216 LU 4 w4 LU LL SOWN N4YWNS: 4.IE Mi Wf VC S"I blr hr 1 111-L k 6, Page 82 of 216 Figure 4 — Proposed Building Elevations The subject property is located at the corner intersection of Bruce Street and Frederick Street in the Rosemount Neighbourhood. It has 15 metres of frontage along Frederick Street and 45 metres along Bruce Street for a total lot area of 675 square metres. Surrounding land use comprises a mix of low rise multiples and detached dwellings and low rise commercial buildings such as dentists, offices and a pharmacy across the street (see Figure 1). The subject property is situated on a major bus route street with bike lanes, is close to Highway 85 on-ramp and is within walking distance to the Frederick Street Mall with a grocery store. A site visit occurred on July 31, 2024 (see Figure 2). The subject property currently contains a variety store which has been sitting vacant for some time. The owner is a doctor wanting to set up a new medical practice in Kitchener and is proposing to re -develop the site with a low-rise mixed use building with a doctor's office on the main floor and four dwelling units (2 dwelling units on each floor) on the second and third floors, respectively (see Figures 3 and 4). A total of 8 parking spaces are proposed with a single point of vehicular access onto Bruce Street. The subject property is identified as `Community Node' on Map 2 — Urban Structure and is designated `Mixed Use' on Map 3 — Land Use in the City's 2014 Official Plan. The planned function of `Community Nodes' is to provide for commercial uses with a mix of residential and institutional uses necessary to support and complete surrounding residential communities. Community Nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. The `Mixed Use' land use designation plays an important role in achieving the planned function of the Intensification Areas of the City Urban Structure. Lands designated `Mixed Use' have the capacity to accommodate additional density and intensification of uses. The permitted Page 83 of 216 scale and intensity of uses and development may be dependent upon the Urban Structure Component the site is within and the context of the site. Development and redevelopment of properties will be encouraged to achieve a high standard of urban design, be compatible with surrounding areas, be transit -supportive and cycling and pedestrian - friendly. The property is zoned `Mixed Use Three Zone (MIX -3)' in Zoning By-law 2019-051. The use of a mixed-use building is permitted, and it complies with the minimum Floor Space Ratio of 1.0. Site Plan Application SP24/033/F/BB has received conditional approval and the applicant is working to satisfy conditions to begin construction this Fall. The purpose of the application is to request several minor variances to Section 5 (Parking, Loading, and Stacking) and Section 8 (Mixed Use (MIX) Zones) to implement the development proposal as the site is a corner property and limited in size. 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 In the opinion of staff, the requested variances to parking regulations and parking setbacks and to building regulations meet the intent of the Official Plan. The Mixed Use designation encourages re -development to achieve a high standard of urban design, is compatible with surrounding areas, and is transit -supportive and cycling and pedestrian -friendly. The proposal to re -develop the site is a low-rise mixed-use building that is compatible in scale and will use building materials that compliment the neighbourhood. The design addresses both Frederick and Bruce Streets and utilizes a lot of windows and openings to activate the streets. The design is compatible with surrounding low-rise context yet intensifies the vacant site. This satisfies the Urban Design policies of the Official Plan Frederick Street is a Regional Roadway that contains a major bus route and has bike lanes. The site is within walking distance to a pharmacy, dentists, offices, and the Frederick Street Mall with a grocery store. Given its location, surrounding amenities and availability of public transportation, and cycling infrastructure, Official Plan policies will support the parking reductions being proposed. Section 13.C.7.4. says that the City will consider reduced parking requirements for development and/or redevelopment in accordance with Policy 13.C.8.2 where a comprehensive Transportation Demand Management Report is submitted to the satisfaction of the City. 13.C.8.2. further notes the City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. In the opinion of staff, this proposal meets the general intent of that policy to support a parking reduction for reasons stated previously. Page 84 of 216 It is staff's opinion that the variances will meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of parking regulations is to ensure development is adequately parked, to avoid spilling over onto neighbouring streets and to ensure there's an adequate setback provided for vegetation to screen views of parking areas visible within the public realm and from adjacent properties. The provision of 8 parking spaces where 11 are required for health clinic is acceptable to staff. The property is located on a major bus route with cycling infrastructure. These provide an opportunity for alternate means of transportation to get to the clinic. The provision of 0 spaces for 4 dwelling units where 4 spaces are required is also acceptable to staff. The property is serviced by GRT, Frederick Street has cycling infrastructure, Class A indoor bike spaces are being provided and is located within walking distance to many services and amenities, staff can support the reduction. Moreover, the hours of the clinic are 9 a.m. to 5 p.m. freeing up those 8 spaces in the evening/overnight. The By-law does not permit shared parking, but it is recognized and supported by policy, however. Providing a 1.5 metre instead of a 3 metre parking setback can be supported by staff. Staff recognizes this a corner property of limited size. Most urban design objectives are being met and 1.5 metres is wide enough to support vegetation, notwithstanding. The intent of a 4 -metre interior side yard setback is to ensure there is an adequate building separation, particularly as it relates to a major comprehensive development proposal permitted within the MIX -3 zoning. As the proposal is 3 storeys in height, a 1.2 metre side yard setback is adequate and in keeping within allowable side yards for a 3 storey building in a low rise context. The intent of a 4.5 metre high first storey is to provide a defined base and visual difference and separation from the upper levels of the building. his proposal is requesting a 3.6 metre first storey height. In the opinion, the intent is being maintained using high windows and signage that provides that visual separation from the second and third storey. Overall, the building is of a high-quality design and will be an excellent addition to the neighbourhood. It is staff's opinion that the variances will meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the variances are minor. The parking reductions are offset by the availability of public transportation and cycling infrastructure and the site's proximity within walking distance to several amenities and a grocer. There's also the ability to share parking in the off hours of the clinic. The mixed use building is compatible with the surrounding context and design is complimentary to the neighbourhood. Any impacts of the variances are considered minor as a result. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate for the use of land. As noted previously, this site has been vacated for some time and this mixed-use building proposal is an ideal use of this property. The variances are needed to implement a plan that is both functional and serviceable with a design that is both high quality and compatible with the surrounding low-rise context. Locationally, the site is nearby many amenities, on a major bus route, enjoys excellent cycling infrastructure and close to park space. Page 85 of 216 Environmental Planning Comments: Tree Management to be addressed through Site Plan Application SP24/033/F/BB. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided a building permit for the new mixed use building is obtained prior to construction. Please contact the Building Division at building(@-kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: Park Dedication fees will be addressed through Site Plan Application SP24/033/F/BB. Transportation Planning Comments: Transportation Services recommends that the vehicle parking for tenants be unbundled form the cost of a unit. This is more equitable for a tenant, as they do not pay for a parking space that they do not have. Enova Enova's concern has been addressed. GRCA No concerns. Region of Waterloo No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Page 86 of 216 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 Bylaw 2019-051 • Site Plan Application SP24/033/F/BB Page 87 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 88 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 89 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 90 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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 3 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD -2024-358 SUBJECT: Consent Applications B2024-017 and B2024-018 — 135 Gateway Park Drive RECOMMENDATION: Consent Application B2024-018 — 135 Gateway Park Drive That Consent Application B2024-018 requesting consent to sever a parcel of land having a lot width of 237 metres, a lot depth of 140 metres and a lot area of 20,092 square metres, and to create an Easement over the `Severed Parcel', in favour of the `Retained Parcel' for access, generally in accordance with the severance sketch, prepared by MHBC Planning, dated March 2024, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 91 of 216 Solicitor in consultation with the City's Director, Development and Housing Approvals: 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. 5. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 8. 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. 9. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 10. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 11. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximate 3 -metre -wide road widening along the entire Gateway Park Drive frontage (retained and severed), as shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of the City's Director of Transportation Services. Prior to conveyance, the property owner shall prepare, at their cost, a Phase and if necessary, a Phase II Environmental Site Assessment (ESA) for the Page 92 of 216 portion of the lands being dedicated for a road widening of Gage Avenue, to the satisfaction of the City's Director of Engineering Services. 12. That the Owner shall complete a Building Code Assessment for the existing buildings proposed to be retained on the severed and retained parcels of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. The Owner shall obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment. Consent Application B2024-017 — 135 Gateway Park Drive That Consent Application B2024-017 requesting consent to create an Easement over the `Retained Parcel' in favour of the `Severed Parcel' for access, generally in accordance with the severance sketch, prepared by MHBC Planning, dated May 2024, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Director, Development and Housing Approvals: 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 Page 93 of 216 amended, released or otherwise dealt with without the express written consent of the City. 5. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 6. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximate 3 -metre -wide road widening along the entire Gateway Park Drive frontage (retained and severed), as shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of the City's Director of Transportation Services. Prior to conveyance, the property Owner shall prepare, at their cost, a Phase I and if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of the lands being dedicated for a road widening of Gage Avenue, to the satisfaction of the City's Director of Engineering Services. REPORT HIGHLIGHTS: • The purpose of this report is to review a severance application to permit the creation of one new parcel of land. Further an access easement is being created over both parcels to maintain access to Tu Lane and Gateway Park Drive. No new development is currently proposed. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on Gateway Park Drive with frontage on Tu Lane and King Street East. The existing property contains 3 commercial buildings. The applicant proposes to sever the lots so that 2 commercial buildings are on the Retained Parcel, and 1 commercial building is on the Severed Parcel. The 1 commercial building formally contained the Landmark movie theatre. The applicant also proposes to create an easement over both the severed and retained lands in order to maintain the access through the site for both properties to use in the future. These accesses currently exist and will remain on the properties without any new access created. Page 94 of 216 Figure 1: Location Map: 135 Gateway Park Drive 9 , ONG ST E 0/G1 ONE;, Figure 2: Proposed lot fabrics Page 95 of 216 1 � " GATE-1,A'Y PARK rjR T na Pad 2 Proposed Easement 1,266M2gC 11 ha _. -------- ///%rR / � u 4 Pad 1 WM !fit s M1 1E,251 rr2/1 70 has / J . NIN I- Rt r M %/ re� r 1 yw� 1 T� R 1 � " GATE-1,A'Y PARK rjR T na Pad 2 Proposed Easement 1,266M2gC 11 ha _. -------- I X � w I 1 r I 1 X \� 1 / e Pad 4 Proposed Easement 1,466 rrI/0.15 ho MING Sir E a iir, ,va , . Figure 3: Proposed easements The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Commercial Campus' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Commercial Campus Zone (COM -4)' in Zoning By-law 2019-051. The purpose of the application is to sever an existing lot to create two (2) lots. The retained lands will contain 2 commercial buildings, while the severed lands will contain 1 commercial building. The current buildings will be remaining on site. An access easement is also proposed in order for both lots to have access to the existing entrances/exits within the property. Figure 4: Existing building and existing conditions Page 96 of 216 . _.. � u 4 Pad 1 Lands to be Retained !fit s M1 1E,251 rr2/1 70 has A I NIN I- Rt %/ re� t I X � w I 1 r I 1 X \� 1 / e Pad 4 Proposed Easement 1,466 rrI/0.15 ho MING Sir E a iir, ,va , . Figure 3: Proposed easements The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Commercial Campus' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Commercial Campus Zone (COM -4)' in Zoning By-law 2019-051. The purpose of the application is to sever an existing lot to create two (2) lots. The retained lands will contain 2 commercial buildings, while the severed lands will contain 1 commercial building. The current buildings will be remaining on site. An access easement is also proposed in order for both lots to have access to the existing entrances/exits within the property. Figure 4: Existing building and existing conditions Page 96 of 216 Figure 5: Existing building and existing conditions Figure 6: Existing buildings and existing conditions 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 Page 97 of 216 promotes all types of residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe communities. The PPS promotes efficient development and land use patterns, as well as accommodating an appropriate mix of affordable and market-based residential dwelling types with other land uses, while supporting the environment, public health and safety. Provincial policies promote the integration of land use planning, growth management, transit -supportive development, intensification, and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are located within the City's delineated built up area and are in close proximity to transit. The lands will continue to make efficient use of existing infrastructure, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed application conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking -water supply and wastewater systems, and a broad range of social and public health services. Planning staff are of the opinion that the severance applications conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `Commercial Campus' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Page 98 of 216 Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Zoning By-law 2019-051 The subject property is zoned as `Commercial Campus Zone (COM -4)' in Zoning By-law 2019-051. The lands that are to be severed and the lands to be retained will remain within the COM -4 zoning, and the buildings that currently operate the lands will continue to be in operation. 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 conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed lot is suitable for the use of the lands and compatible with the surrounding community. The severed lands front onto an established public street and are serviced with municipal services. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No environmental planning concerns. Heritage Planning Comments: No heritage concerns. Building Division Comments: B2024-017: The Building Division has no objections to the proposed consent. Page 99 of 216 B2024-018: 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: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2) A building permit shall be obtained for any remedial work/ upgrades that may be required by the building code assessment. Engineering Division Comments: B2024-017 — 135 Gateway Park Drive (Easement) • No concerns B2024-018 — 135 Gateway Park Drive (Severance and Easement) • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to christine.goulet@kitchener.ca • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: B2024-017 — 135 Gateway Dr (Easement) No concerns, no requirements. B2024-018 — 135 Gateway Dr (Severance and Easement) The current use of the COM -4 zoned land is commercial and in accordance with Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy MUN-PLA-1074, Parkland Dedication is not required for this Severance. Please note that if either the severed or retained property is subject to a redevelopment application it will be assessed for Parkland Page 100 of 216 Dedication according to the Planning Act, the Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy MUN-PLA-1074 in effect at the time of a site plan application. Transportation Planning Comments: The City of Kitchener's Official Plan notes Gateway Park Drive is designated for a road widening with an ultimate road width of 26 metres between Sportsworld Drive and King Street. Therefore, a conveyance of approximately 3 metres along the entire Gateway Park Drive frontages (retained and severed) is required. A reference plan be submitted by an Ontario Land Surveyor (OLS) illustrating the road widening. The Owner shall prepare at their cost, a Phase I and if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of the lands being conveyed to the City of Kitchener for a road widening of Gateway Park Drive to the satisfaction of the City's Engineering Services. Region of Waterloo Comments: These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications — B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have been previously assessed for archaeological resources. However, to Regional staff's knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant's possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff have no objection to this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. Page 101 of 216 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 102 of 216 PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES Commissioner's Office 150 Frederick Street, 8" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Will Towns yy!!2�mire iionofwateirlloo„ca 519-616-1868 File: D20-20/24 KIT August 6, 2024 via email Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications B2024-018 to B2024-022 Committee of Adjustment Hearing — August 20, 2024 City of Kitchener Please accept the following comments pertaining to the above -noted consent applications for consideratiion at the upcoming Committee of Adjustment Hearing. Document Number: 4749612 Version: 1 Page 1 of 9 Page 103 of 216 B2024-017 & B2024-018 135 Gateway Park Drive Owner: 1289193 Ontario Inc. Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications — B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have been previously assessed for archaeological resources. However, to Regional staff's knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant's possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 2 of 9 Page 104 of 216 B2024-019 250 Shirley Avenue Owner: Hiddayath Holdings c/o Farhan Hidayath Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave (an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 3 of 9 Page 105 of 216 B2024-020 573 Guelph Street Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with one semi-detached two-storey dwelling. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres, with access via Guelph Street. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1p nr !!.!pr irggiionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff have no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 4 of 9 Page 106 of 216 B2023-021 62 Gage Avenue Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1pnrll.irirgiioir�ofwaleirlloo,.ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page S of 9 Page 107 of 216 B2024-022 1180 Union Street Owner: Vladan Knezevic Applicant: Urban Insights c/o Ryan Mounsey The applicant proposes to sever an existing 537 square -metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single -detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre -submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above -ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre -consultation in March 2024, and consider it to be a low risk with respect to the Region's Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Document Number: 4749612 Version: 1 Page 6 of 9 Page 108 of 216 "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 Ministry of Environment, Conservation and Parks." "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing lnrll.girirg iionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” ii) "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 Document Number: 4749612 Version: 1 Page 7 of 9 Page 109 of 216 level limits of the Municipality and Ministry of Environment, Conservation and Parks." iii) "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Document Number: 4749612 Version: 1 Page 8 of 9 Page 110 of 216 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. Sincerely, Will Towns, RPP Senior Planner, Community Planning M�t!21y!5.Go ares iioinotwateirlloo,.ca 519-818-1868 Document Number: 4749612 Version: 1 Page 9 of 9 Page 111 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 112 of 216 F,v AMIN Pranev Ta: Committee of Adlusfinent f5M1 SubjM: Kitchener-135G—ey Park Drive -82024-017 Date: Wednesday, July 31, 20242:46:39 PM Attachments: —001.— Halla, We are in receipt of your Application for Cori sent, B 2024017 dated .July 25th, 2924. We have reviewed the documents corrcerningthe noted App kation and have no comments or coneerns at this time. Ourprelimine.. review considers issues affeetin r H{ dro Ctne's'V{i h_Vptt pe W acuities and Corridor I ands' onl rL. For pmposals affectingr'I_ow Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: $.t4fm.G.eate- (taxdtvo.9 e..som) Please select"Search" and locate address in question by enteringthe address or byzoorning in and out of the reap N:h ? C Qom' ydra N1C.NW HELP SEARCH one Customers Affecte& 0 >5000 501-5000 0 51-500 0 21-50 <.20 0 Multiple Crew Service Area J ,,, lM,,, ottaw Montreal ;w�don nl rll, �dl-' �tl2 " %N. wi tl� kGEa n s i' ,_ of u, ,ba°62trr;rta raaiiu 1 - �Y;n r r w<r J { Y KM� Owrdr 41 vtn. ^hdvvrr �" k�14{°a Toronto ','Mississauga, ........ ra o ,.,G dkr+:g)IIpLl,lr I Y sissauga ; .IGk iT N'arlglton 1, Rochester.,, Mala ¢I csYa Z)2 4u'191rp G"oo elle 50 11m b,..;......–.–.–.0 Tanxis of k.lse Re43crt �a trap error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-868-664-9376 or e-mail CustomerCommunications_@HydroOne com to be connected to your Loc. Operations Centre Please let me know if you have any questions or—rirerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Danni_S,De_Re_ngo��Hydrg,Dn_�,S<,lzm Page 113 of 216 F,v AMIN Pranev Ta: Committee of Adlusfinent f5M1 SubjM: Kitchener-135G—ey Park Drive -82024-018 Date: Wednesday, July 31, 20242:48:32 PM Attachments: —001.— Halla, We are in receipt of your Application for Cori sent, B 2024018 dated .July 25th, 2924. We have reviewed the documents corrcerningthe noted App kation and have no comments or coneerns at this time. Ourprelimine.. review considers issues affeetin r H{ dro Ctne's'V{i h_Vptt pe W acuities and Corridor I ands' onl rL. For pmposals affectingr'I_ow Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: $.t4fm.G.eate- (taxdtvo.9 e..som) Please select"Search" and locate address in question by enteringthe address or byzoorning in and out of the reap N:h ? C Qom' ydra N1C.NW HELP SEARCH one Customers Affecte& 0 >5000 501-5000 0 51-500 0 21-50 <.20 0 Multiple Crew Service Area J ,,, lM,,, ottaw Montreal ;w�don nl rll, �dl-' �tl2 " %N. wi tl� kGEa n s i' ,_ of u, ,ba°62trr;rta raaiiu 1 - �Y;n r r w<r J { Y KM� Owrdr 41 vtn. ^hdvvrr �" k�14{°a Toronto ','Mississauga, ........ ra o ,.,G dkr+:g)IIpLl,lr I Y sissauga ; .IGk iT N'arlglton 1, Rochester.,, Mala ¢I csYa Z)2 4u'191rp G"oo elle 50 11m b,..;......–.–.–.0 Tanxis of k.lse Re43crt �a trap error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications_@HydroOne com to be connected to your Loc. Operations Centre Please let me know if you have any questions or—rirerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Danni_S,De_Re_ngo��Hydrg,Dn_�,S<,lzm Page 114 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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 1 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD -2024-350 SUBJECT: Consent Application B2024-019 — 250 Shirley Avenue RECOMMENDATION: That Consent Application B2024-019 requesting consent to sever a triangular- shaped parcel of land having a width of 58 metres and an area 1,500 square metres (0.15 hectares), to convey as a lot addition to 260 Shirley Avenue, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 115 of 216 5. That the owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. Alternatively, if in the opinion of the City Solicitor, an Application Consolidation Parcels cannot be registered on title, the Owner shall take such alternative measures and provide such alternative documents to ensure that the severed parcel and receiving parcel are not separately encumbered, conveyed, or otherwise transferred from one another and shall remain in common ownership, at the discretion of and to the satisfaction of the City Solicitor. REPORT HIGHLIGHTS: • The purpose of this report is to review an application for consent to facilitate a transfer of land from an industrial lot to the adjacent industrial lot, both containing industrial facilities. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject properties are located on the south side of Shirley Avenue between Riverbend Drive and Bingemans Centre Drive. The subject property is identified as `Industrial Employment Areas' on Map 2 — Urban Structure and is designated `Heavy Industrial Employment' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Heavy Industrial Employment Zone (EMP -3)' in Zoning By-law 2019-051. The purpose of the application is to facilitate the conveyance of a portion of the rear yard at 250 Shirley Avenue to the neighbouring property at 260 Shirley Avenue as a lot addition. Page 116 of 216 Figure 1: Location Map — 250 Shirley Avenue (Outlined in ed) Staff conducted a site visit to the subject property on July 30, 2024. Page 117 of 216 Figure 3: Existing Industrial Facility at 250 Shirley Avenue on July 30, 2024 REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2020) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe. 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living and make efficient use of land. The subject application does not propose any development, rather it is an adjustment of lot lines. Planning Staff is of the opinion that the application conforms to the Growth Plan. Page 118 of 216 Regional Official Plan (ROP): The subject property is located within the delineated built-up area, where economic activity is encouraged. Staff are of the opinion that the lot addition will establish more appropriate lot lines that resemble the current use of both properties, therefore, are of the opinion that the proposed consent application conforms with the Regional Official Plan. Figure 4: Lands to be Conveyed to 260 Shirley Avenue City's Official Plan (2014) The subject property is identified as `Industrial Employment Areas' on Map 2 — Urban Structure and is designated `Heavy Industrial Employment' on Map 3 — Land Use in the City's 2014 Official Plan. Staff are of the opinion that the size, dimensions, and shape of the lots are suitable for the use of the lands and will continue to be compatible with the surrounding neighbourhood. The lands front onto a public street and the lot addition will establish more appropriate lot lines that resemble the current use of both properties. There are no natural heritage features that would be impacted by the proposed consent application. Staff are of the opinion that the proposed consent application conforms with the City's Official Plan. Zoning By-law 2019-051 The property is zoned `Heavy Industrial Employment Zone (EMP -3)' in Zoning By-law 2019-051. The proposed boundary adjustment maintains compliance of the minimum lot Page 119 of 216 width and lot area requirements in effect for the subject lands. Staff are of the opinion that the proposed lot addition conforms to the City's Zoning By-law. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the proposed boundary adjustment is desirable and appropriate. Environmental Planning Comments: No concerns. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: No concerns Parks/Operations Division Comments: Parkland Dedication is not required for this Severance as the severed parcel will be consolidated with the adjacent lot and no new lot is created. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Avenue (an irregularly shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirley Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Grand River Conservation Authority (GRCA) Comments: Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application. GRCA has no objection to the approval of the above application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Hydro One Comments: We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Page 120 of 216 Metrolinx Comments: As the proposal is for a technical severance to facilitate lot additions and no new development is proposed, Metrolinx has no objections to the specified proposal should the committee grant approval. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 121 of 216 PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES Commissioner's Office 150 Frederick Street, 8" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Will Towns yy!!2�mire iionofwateirlloo„ca 519-616-1868 File: D20-20/24 KIT August 6, 2024 via email Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications B2024-018 to B2024-022 Committee of Adjustment Hearing — August 20, 2024 City of Kitchener Please accept the following comments pertaining to the above -noted consent applications for consideratiion at the upcoming Committee of Adjustment Hearing. Document Number: 4749612 Version: 1 Page 1 of 9 Page 122 of 216 B2024-017 & B2024-018 135 Gateway Park Drive Owner: 1289193 Ontario Inc. Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications — B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have been previously assessed for archaeological resources. However, to Regional staff's knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant's possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 2 of 9 Page 123 of 216 B2024-019 250 Shirley Avenue Owner: Hiddayath Holdings c/o Farhan Hidayath Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave (an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 3 of 9 Page 124 of 216 B2024-020 573 Guelph Street Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with one semi-detached two-storey dwelling. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres, with access via Guelph Street. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1p nr !!.!pr irggiionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff have no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 4 of 9 Page 125 of 216 B2023-021 62 Gage Avenue Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1pnrll.irirgiioir�ofwaleirlloo,.ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page S of 9 Page 126 of 216 B2024-022 1180 Union Street Owner: Vladan Knezevic Applicant: Urban Insights c/o Ryan Mounsey The applicant proposes to sever an existing 537 square -metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single -detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre -submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above -ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre -consultation in March 2024, and consider it to be a low risk with respect to the Region's Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Document Number: 4749612 Version: 1 Page 6 of 9 Page 127 of 216 "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 Ministry of Environment, Conservation and Parks." "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing lnrll.girirg iionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” ii) "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 Document Number: 4749612 Version: 1 Page 7 of 9 Page 128 of 216 level limits of the Municipality and Ministry of Environment, Conservation and Parks." iii) "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Document Number: 4749612 Version: 1 Page 8 of 9 Page 129 of 216 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. Sincerely, Will Towns, RPP Senior Planner, Community Planning M�t!21y!5.Go ares iioinotwateirlloo,.ca 519-818-1868 Document Number: 4749612 Version: 1 Page 9 of 9 Page 130 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 131 of 216 F,v AMIN Pranev Ta: Committee of Adlusfinent f5M1 SubjM: Kitchener-2505hidey Avenue - a 2024-019 Date: Wednesday, July 31, 20242:51:08 PM Attachments: —001.— Halla, We are in receipt of your Application for Cori sent, B 2024019 dated .July 25th, 2924. We have reviewed the documents corrcerningthe noted App kation and have no comments or coneerns at this time. Ourprelimine.. review considers issues affeetin r H{ dro Ctne's'V{i h_Vptt pe W acuities and Corridor I ands' onl rL. For pmposals affectingr'I_ow Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: $.t4fm.G.eate- (taxdtvo.9 e..som) Please select"Search" and locate address in question by enteringthe address or byzoorning in and out of the reap N:h ? C Qom' ydra N1C.NW HELP SEARCH one Customers Affecte& 0 >5000 501-5000 0 51-500 0 21-50 <.20 0 Multiple Crew Service Area J ,,, lM,,, ottaw Montreal ;w�don nl rll, �dl-' �tl2 " %N. wi tl� kGEa n s i' ,_ of u, ,ba°62trr;rta raaiiu 1 - �Y;n r r w<r J { Y KM� Owrdr 41 vtn. ^hdvvrr �" k�14{°a Toronto ','Mississauga, ........ ra o ,.,G dkr+:g)IIpLl,lr I Y sissauga ; .IGk iT N'arlglton 1, Rochester.,, Mala ¢I csYa Z)2 4u'191rp G"oo elle 59 11m b,..;......–.–.–.0 Tanxis of k.lse Re4scrt �a trap error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-868-664-9376 or e-mail CustomerCommunications_@HydroOne com to be connected to your Loc. Operations Centre Please let me know if you have any questions or—rirerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Danni_S,De_Re_ngo��Hydrg,Dn_�,S<,lzm Page 132 of 216 :00: METROLINX BY EMAIL ONLY TO: Committee of Adjustment, City of Kitchener Development & Approvals - 200 King Street Wet, 6t" Floor, Kitchener, ON, N2G 4G7 CofA l<it.cheneraca ............................................................................................................. DATE: August 6, 2024 RE: Adjacent Development Review: B 2024-019 250 Shirley Avenue, Kitchener, ON Consent Application Dear Committee of Adjustment, Metrolinx is in receipt of the Consent application for 250 Shirley Ave, Kitchener, to facilitate the severance of the lands, to create a new lot addition to be consolidated into the adjacent lands at 260 Shirley Ave. As circulated on July 26th, 2024, and to be heard by the Committee on August 20, 2024. Metrolinx's comments on the subject application are noted below: The subject property is located adjacent to the Metrolinx Guelph Subdivision which carries Metrolinx's Kitchener GO Train service. The subject site is also adjacent to the Metrolinx Shirley Ave Layover Facility. GO/HEAVY-RAIL -ADVISORY COMMENTS As the proposal is for a technical severence to faciliate lot additions and no new development is proposed, Metrolinx has no objections to the specified proposal should the committee grant approval. • Please keep Metrolinx involved as a stakeholder in the comprehensive site application (if applicable) as there may be further requirements/comments should any future development be contemplated on either the retained or severed lands. Please note that should future development be contemplated (and additional development applications to support this are submitted), the subject properties would be subject to further review/comment. At such time, further requirements may include (but is not limited to) having the Owner enter into an Adjacent Development Agreement outlining all required works to protect Metrolinx interests and registering an environmental easement for operational emissions on title. • The applicant is advised that all other conditions/requirements/agreements related to the comprehensive application (if applicable) must also be fulfilled prior to approval of the requisite Site Plan. Additionally, the Owner shall be responsible for all costs for the preparation and registration of agreements/undertal<ings/easements/warning clauses as determined appropriate by Metrolinx, to the satisfaction of Metrolinx. Page 133 of 216 Adjacent Development Review: B 2024-019 250 Shirley Avenue, Kitchener, ON The Proponent is advised of the following: o Warning: The Applicant is advised that the subject land is located within Metrolinx's 300 metres railway corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further advised that there may be alterations to or expansions of the rail or other transit facilities on such right-of-way in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter their operations, which expansion or alteration may affect the environment of the occupants in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual lots, blocks or units. Warning: Metrolinx and its assigns and successors in interest has or have a right- of-way and an interest in land within 300 metres from the subject land. There may be alterations to or expansions of the rail or other transit facilities on such right-of- way and/or to the Shirley Ave Rail Maintenance Facility in the future including the possibility that Metrolinx or any railway entering into an agreement with Metrolinx to use the right-of-way and/or Shirley Ave Rail Maintenance Facility 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. In accordance with the Railway Safety Act and Transport Canada Guidelines, storage of certain hazardous materials near railway corridors is subject to setback regulations. Metrolinx will require the proponent to acknowledge if the storage of hazardous material is being proposed and, if so, that proper Transport Canada regulations are being applied. The below links are provided as reference: o Anh .. drous Ammonia Bullk Stora e Re ullations Ido. 0 33 ..................... o A_m.rmo_n_iu_rn..._Nitrate.._ to........... ge IF=acillities Re�aullations (No, 0..36) o .F:II_arr�_mab.Ile..._I::::Lqua.jids.._Bulllc._Stora. e Ree�ullations No. 0..32) o L.J. ns No. 0..31 Should you have any questions or concerns, please contact.f:::_a_rad:p....J::a_ro.clu��?m arc~.Il.i_nx:_c:.e�m. Best Regards, Farah Faroque Project Analyst, Third Party Project Review Metrolinx 110 Bay Street I Toronto I Ontario I M5J 2S3 T: (437) 900-2291 :O,t: METROLINX 2 Page 134 of 216 Staff Report l IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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 10 DATE OF REPORT: August 7, 2024 REPORT NO.: DSD -2024-351 SUBJECT: Consent Application B2024-020 - 573 Guelph Street RECOMMENDATION: That Consent Application B2024-020 requesting consent to sever a parcel of land having a lot width of 7.5 metres, a lot depth of 40.3 metres, and a lot area of 302.2 square metres, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, 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. Page 135 of 216 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 Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 9. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 10. That the owner make the appropriate arrangements with the City's Director of Parks & Cemeteries for either financial compensation or a Landscape Plan and replanting for a previous City -owned street tree that was removed during construction of the semi-detached dwelling. 11. 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 sever a parcel of land to permit each half of an existing semi-detached dwelling to be dealt with independently. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located within close proximity to the intersection of Guelph Street and St. Leger Street, in the Mount Hope Huron Park neighborhood, and is directly south of the Fairfield neighbourhood. The neighbourhood is comprised of a mix of low and mid -rise residential uses, and commercial/retail uses. Page 136 of 216 Figure 1: Location Map — 573 Guelph Street (Outlined in Red) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The applicant is requesting consent to sever a parcel of land to permit each half of an existing semi-detached dwelling to be dealt with independently. The severed lot would have a lot width of 7.5 metres, a lot depth of 40.3 metres and an area of 302.25 square metres, while the retained lot would have a lot width of 7.46 metres, a lot depth of 40.3 metres and an area of 300.6 square metres. In this case, the whole of the semi-detached dwelling was constructed on an existing lot and each semi-detached dwelling unit was designed to be located on a separate lot. The subject lands received approval for Minor Variance A2021-027, to allow one semi-detached dwelling unit to be on a slightly narrower lot with a lot width of 7.46 metres and a reduced side yard setback of 0.91 metres instead of the required 7.5 metres and 1.2 metres respectively. Page 137 of 216 r n \ k RJ „ we �„ a Q� vm Figure 2: Proposed Lot Fabric Rh. tlY'41'iP,il' °mNud.B. } FRONT F1 FVA.TION Figure 3: Front Elevation Page 138 of 216 j r. p w n \ k RJ „ we �„ a Q� vm Figure 2: Proposed Lot Fabric Rh. tlY'41'iP,il' °mNud.B. } FRONT F1 FVA.TION Figure 3: Front Elevation Page 138 of 216 w ................... .......... i u rlk r g . i n \ k RJ „ we �„ a Q� vm Figure 2: Proposed Lot Fabric Rh. tlY'41'iP,il' °mNud.B. } FRONT F1 FVA.TION Figure 3: Front Elevation Page 138 of 216 RBW ELIEVMION Figure 4: Right Elevation fIFAF, PI FVA71ON Figure 5: Rear Elevation Page 139 of 216 ii iiiiii'WA [ION Figure 6: Left Elevation Staff conducted a site visit to the subject property on July 30, 2024. Figure 7: Semi-detached Dwelling at 573 Guelph Street on July 30, 2024 Page 140 of 216 Figure 8: Semi-detached Dwelling at 575 Guelph Street on July 30, 2024 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. Page 141 of 216 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 the existing semi-detached dwelling 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. 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 severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood 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. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The 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: "17.E.20.5 Applications for consent to create new lots will only be granted where: Page 142 of 216 a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot width and lot area of the proposed severed lot meets the minimum `RES - 4' zone lot width and lot area requirements. The proposed lot width of the retained lot has previously received relief from the minimum `RES -4' zone lot width requirement. 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 The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The `RES -4' zones permit a range of low-rise residential dwelling types including single detached, semi-detached and multiple dwellings. The proposed lot width of the retained lot received relief from the minimum lot width requirement (Minor Variance Application A2021-027) to permit the construction of the semi-detached dwelling on the subject property. The whole of the semi-detached dwelling meets the "RES -4' zone requirements and each half of the semi-detached dwelling will comply as well. Page 143 of 216 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. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No comments or concerns Heritage Planning Comments: No Heritage comments or concerns Building Division Comments: The Building Division has no objections to the proposed consent. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to christine.goulet@kitchener.ca • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A grading and drainage control plan will be required to the satisfaction of the Engineering Division prior to severance approval. Final approval of on-site grading from the Building Division will be required at building permit stage. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: 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 lots only, with a land valuation calculated by the lineal frontage of 7.5 metres at a land value of $36,080.00 per frontage meter with a per unit cap of $11,862.00. Page 144 of 216 There is an existing City -owned street tree within the Guelph Street boulevard that does not appear to have been shown on the drawings submitted for either the Demolition Permit #2022 104100 or the Building Permit #2022 10331. Based on the site layout, this tree would be located within the shared driveway at the proposed lot line between 573 Guelph Street and 575 Guelph Street. City of Kitchener Forestry staff do not have records of this tree being approved for removal and financial compensation or replanting is required. Forestry requires replanting and a Landscape Plan will be required to the satisfaction of the City's Director of Parks & Cemeteries along with securities to ensure the establishment of the new tree until final acceptance. 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 $350.00. 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. Grand River Conservation Authority (GRCA) Comments: Grand River Conservation Authority (GRCA) staff has reviewed the above -noted application. GRCA has no objection to the approval of the above application. 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, a permission from GRCA is not required. Hydro One Comments: We are in receipt of your Application for Consent B2024-020 dated July 25th, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 145 of 216 Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2021-019 Page 146 of 216 PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES Commissioner's Office 150 Frederick Street, 8" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Will Towns yy!!2�mire iionofwateirlloo„ca 519-616-1868 File: D20-20/24 KIT August 6, 2024 via email Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications B2024-018 to B2024-022 Committee of Adjustment Hearing — August 20, 2024 City of Kitchener Please accept the following comments pertaining to the above -noted consent applications for consideratiion at the upcoming Committee of Adjustment Hearing. Document Number: 4749612 Version: 1 Page 1 of 9 Page 147 of 216 B2024-017 & B2024-018 135 Gateway Park Drive Owner: 1289193 Ontario Inc. Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications — B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have been previously assessed for archaeological resources. However, to Regional staff's knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant's possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 2 of 9 Page 148 of 216 B2024-019 250 Shirley Avenue Owner: Hiddayath Holdings c/o Farhan Hidayath Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave (an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 3 of 9 Page 149 of 216 B2024-020 573 Guelph Street Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with one semi-detached two-storey dwelling. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres, with access via Guelph Street. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1p nr !!.!pr irggiionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff have no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 4 of 9 Page 150 of 216 B2023-021 62 Gage Avenue Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1pnrll.irirgiioir�ofwaleirlloo,.ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page S of 9 Page 151 of 216 B2024-022 1180 Union Street Owner: Vladan Knezevic Applicant: Urban Insights c/o Ryan Mounsey The applicant proposes to sever an existing 537 square -metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single -detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre -submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above -ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre -consultation in March 2024, and consider it to be a low risk with respect to the Region's Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Document Number: 4749612 Version: 1 Page 6 of 9 Page 152 of 216 "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 Ministry of Environment, Conservation and Parks." "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing lnrll.girirg iionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” ii) "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 Document Number: 4749612 Version: 1 Page 7 of 9 Page 153 of 216 level limits of the Municipality and Ministry of Environment, Conservation and Parks." iii) "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Document Number: 4749612 Version: 1 Page 8 of 9 Page 154 of 216 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. Sincerely, Will Towns, RPP Senior Planner, Community Planning M�t!21y!5.Go ares iioinotwateirlloo,.ca 519-818-1868 Document Number: 4749612 Version: 1 Page 9 of 9 Page 155 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 156 of 216 F,v AMIN Pranev Ta: Committee of Adlurtment f5M1 sub{ect: Kitchener -573 cudph Street -82024 Date: Wednesday, July 31, 20242:53:18 PM Attachments: im-001.— Hello, We are in receipt of your Application for Cori sent, B 2024020 dated .July 25th, 2924. We have reviewed the documents corrcerningthe noted App kation and have no comments or coneerns at this time. Ourprelimine.. review considers issues affeetin r H{ dro Ctne's'V{i h_Vptt pe W acuities and Corridor I ands' onl rL. For pmposals affectingr'I_ow Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: $.t4fm.G.eate- (taxdtvo.9 e..som) Please select"Search" and locate address in question by enteringthe address or byzoorning in and out of the reap N:h ? C Qom' ydra N1C.NW HELP SEARCH one Customers Affecte& 0 >5000 501-5000 0 51-500 0 21-50 <.20 0 Multiple Crew Service Area J ,,, lM,,, ottaw Montreal ;w�don nl rll, �dl-' �tl2 " %N. wi tl� kGEa n s i' ,_ of u, ,ba°h2trr;rta raaiiu 1 - �Y;n r r w<r J { Y KM� Owrhr 41 vtn. ^hdvvrr �" k�14{°a Toronto ','Mississauga, ........ ra o ,.,G dkr+:g)IIpLl,lr I Y sissauga ; .IGk iT N'arlglton 1, Rochester.,, Mala ¢I csYa Z)2 4u'191rp G"oo elle 50 11m b,..;......–.–.–.0 Tanxis of k.lse Re4scrt �a trap error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-868-664-9376 or e-mail CustomerCommunications_@HydroOne com to be connected to your Loc. Operations Centre Please let me know if you have any questions or—rirerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Danni_S,De_Re_ngq�Hydrg,Dn_�,rrm Page 157 of 216 Beverly Lavigne Re; B2024-020 573 Guelph Street August 13, 2024 I have concerns about the Applicant who wishes to sever a parcel of land so that each part of the semi-detached dwelling may be dealt with separately. I am a homeowner whose backyard backs up against the semi-detached dwelling's property. The Guelph street applicant's property is higher than mine and a hill separates our backyards. A portion of the hill is eroding down onto my part of the hill and is destroying my property and vegetation. The Guelph street property owners are responsible to put in a retaining wall to stop the erosion of their land onto mine. If the Applicant is allowed to sever the property, then who is going to be responsible for the retaining wall? Is the developer responsible for putting in a retaining wall? Are both owners of the semi-detached properties responsible? I am concerned about my property that is being damaged by the erosion and I need clarification BEFORE the severance is granted. Thankyou, Beverly Lavigne Page 158 of 216 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 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: August 7, 2024 REPORT NO.: DSD -2024-357 SUBJECT: Consent Application B2024-021 - 62 Gage Avenue RECOMMENDATION: That Consent Application B2024-021 for 62 Gage Avenue requesting consent to sever a parcel of land having a lot width of 15.0 metres along Gage Avenue, a lot depth of 28.5 metres and a lot area of 420 square metres, BE APPROVED subject to the following conditions: 1. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner obtains Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Director, Development and Housing Approvals. 5. That the 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. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 159 of 216 6. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 7. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 8. 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. 9. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 10. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 11. That at the sole option of the City's Director of Planning, the Owner shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director of Planning, which shall include the following: a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Supervisor, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Supervisor, Site Plans. 12. That the property owner shall convey to the City of Kitchener, without cost and free of encumbrance, an approximate 1.5 -metre -wide to 2.7 -metre -wide road widening along the entire Gage Avenue frontages (retained and severed), as shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of the City's Director of Transportation Services. Page 160 of 216 Prior to conveyance, the property Owner shall prepare, at their cost, a Phase and if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of the lands being dedicated for a road widening of Gage Avenue, to the satisfaction of the City's Director of Engineering Services. 13. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 14. That the Owner shall fulfil one of the following options: a) 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: i) That the owner shall prepare a Tree Protection and Enhancement Plan, demonstrating protection of the City -owned tree that is located adjacent to the severed and retained lands, to the satisfaction of the City's Director Parks & 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 approval of the City's Director Parks & Cemeteries. ii) 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 satisfaction of the City's Director Parks & Cemeteries. iii) 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 b) Make arrangements regarding financial compensation for the trees to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. This will require a basic Tree Protection and Enhancement Plan, Arborist Report and ISA valuation of trees on City lands. 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 purpose of this report is to review a severance application to permit the creation of one new parcel of land. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. Page 161 of 216 BACKGROUND: The subject property is located on Gage Avenue, at the corner portion of the road with itself. The existing property contains a single detached dwelling. The applicant proposes to demolish the single detached dwelling and sever the property to create 2 new semi- detached dwellings. This application is only to create 2 separate lots. Future consent applications are required to be submitted to enable each half of the semi-detached dwellings to be dealt with separately. Figure 1: Location Map: 62 Gage Avenue The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to sever an existing lot to create an additional lot. Both the severed and retained lands will contain a new 2 storey semi-detached dwelling. The existing single detached dwelling is proposed to be demolished. Page 162 of 216 Figure 2: Proposed lot fabrics Figure 3: Existing single detached dwelling at 62 Gage Avenue to be demolished Page 163 of 216 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 intensification of the subject property with the creation of a lot that is compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Planning staff is of the opinion that this proposal is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 The Growth Plan supports the development of complete and compact communities that are designed to support healthy and active living, make efficient use of land and infrastructure, provide for a range and mix of housing types, jobs, and services, at densities and in locations which support transit viability and active transportation. The subject lands are in close proximity to transit and the subject lands are in 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. The subject lands are located within the City's delineated built-up area. The proposed development represents intensification and will contribute towards achieving the City's intensification density targets. The severance application will help make efficient use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the Page 164 of 216 proposed residential development, including transportation networks, municipal drinking - water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Area' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Zoning By-law 2019-051 The subject property is zoned as `Low Rise Residential Four Zone (RES -4)' in Zoning By- law 2019-051. The lot dimensions will conform to the Zoning By-law regulations and there are no concerns. Page 165 of 216 Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate. Environmental Planning Comments: Standard condition for consent to enter into an agreement to complete a tree preservation/enhancement plan prior to demolition/building permit/grading/servicing etc. on BOTH severed AND retained parcels. 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 62 Gage Avenue. is located within the Warehouse District 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 consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to christine.goulet@kitchener.ca • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A grading and drainage control plan will be required to the satisfaction of the Engineering Division prior to severance approval. Final approval of on-site grading from the Building Division will be required at building permit stage. • 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 Page 166 of 216 have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Parks/Operations Division Comments: Cash -in -lieu of park land dedication will be required on the severed parcel as 1 new development lot will be created. The cash -in -lieu dedication required is $11,862.00. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 15.05 metres at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. There is considerable existing treed vegetation on the property and some within the Gage Avenue right of way and on the shared front property line. City -owned trees will be impacted by the proposed development and the owner shall fulfill one of the following options: 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 severed and retained lands, to the satisfaction of the City's Director Parks & 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 approval of the City's Director Parks & Cemeteries. 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 satisfaction of the City's Director Parks & Cemeteries. 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. 2. Make arrangements regarding financial compensation for the trees to be removed, to the satisfaction of the City's Director of Parks & Cemeteries. This will require a basic Tree Protection and Enhancement Plan, Arborist Report and ISA valuation of trees on City lands. Transportation Planning Comments: The City of Kitchener's Official Plan notes Gage Avenue is designated for a road widening with an ultimate road width of 18 metres between Belmont Avenue and Waverly Road. Therefore, a conveyance of approximately 1.5 metres to 2.7 metres along the entire Gage Avenue frontages (retained and severed) is required. A reference plan be submitted by an Ontario Land Surveyor (OLS) illustrating the road widening. Page 167 of 216 The Owner shall prepare at their cost, a Phase I and if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of the lands being conveyed to the City of Kitchener for a road widening of Gage Avenue to the satisfaction of the City's Engineering Services. See below (purple hatching) a rough estimate of the size and location of the road widening along the Gage Avenue frontages. Region of Waterloo Comments: The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single - detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. Arrange EFT by emailing pwalter@regionofwaterloo.ca. Page 168 of 216 Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350.00 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 — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow. Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 169 of 216 PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES Commissioner's Office 150 Frederick Street, 8" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Will Towns yy!!2�mire iionofwateirlloo„ca 519-616-1868 File: D20-20/24 KIT August 6, 2024 via email Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications B2024-018 to B2024-022 Committee of Adjustment Hearing — August 20, 2024 City of Kitchener Please accept the following comments pertaining to the above -noted consent applications for consideratiion at the upcoming Committee of Adjustment Hearing. Document Number: 4749612 Version: 1 Page 1 of 9 Page 170 of 216 B2024-017 & B2024-018 135 Gateway Park Drive Owner: 1289193 Ontario Inc. Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications — B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have been previously assessed for archaeological resources. However, to Regional staff's knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant's possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 2 of 9 Page 171 of 216 B2024-019 250 Shirley Avenue Owner: Hiddayath Holdings c/o Farhan Hidayath Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave (an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 3 of 9 Page 172 of 216 B2024-020 573 Guelph Street Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with one semi-detached two-storey dwelling. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres, with access via Guelph Street. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1p nr !!.!pr irggiionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff have no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 4 of 9 Page 173 of 216 B2023-021 62 Gage Avenue Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1pnrll.irirgiioir�ofwaleirlloo,.ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page S of 9 Page 174 of 216 B2024-022 1180 Union Street Owner: Vladan Knezevic Applicant: Urban Insights c/o Ryan Mounsey The applicant proposes to sever an existing 537 square -metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single -detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre -submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above -ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre -consultation in March 2024, and consider it to be a low risk with respect to the Region's Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Document Number: 4749612 Version: 1 Page 6 of 9 Page 175 of 216 "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 Ministry of Environment, Conservation and Parks." "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing lnrll.girirg iionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” ii) "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 Document Number: 4749612 Version: 1 Page 7 of 9 Page 176 of 216 level limits of the Municipality and Ministry of Environment, Conservation and Parks." iii) "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Document Number: 4749612 Version: 1 Page 8 of 9 Page 177 of 216 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. Sincerely, Will Towns, RPP Senior Planner, Community Planning M�t!21y!5.Go ares iioinotwateirlloo,.ca 519-818-1868 Document Number: 4749612 Version: 1 Page 9 of 9 Page 178 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 179 of 216 F,v AMIN Pranev Ta: Committee of Adlusfinent f5M1 SubjM: Kitchener -62 Gage Ave nue-82a- Date: Wednesday, July 31, 20242:54:3] PM Attachments: —001.— Halla, We are in receipt of your Application for Cori sent, B 2024021 dated .July 25th, 2924. We have reviewed the documents corrcerningthe noted App kation and have no comments or coneerns at this time. Ourprelimine.. review considers issues affeetin r H{ dro Ctne's'V{i h_Vptt pe W acuities and Corridor I ands' onl rL. For pmposals affectingr'I_ow Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: $.t4fm.G.eate- (taxdtvo.9 e..som) Please select"Search" and locate address in question by enteringthe address or byzoorning in and out of the reap N:h ? C Qom' ydra N1C.NW HELP SEARCH one Customers Affecte& 0 >5000 501-5000 0 51-500 0 21-50 <.20 0 Multiple Crew Service Area J ,,, lM,,, ottaw Montreal ;w�don nl rll, �dl-' �tl2 " %N. wi tl� kGEa n s i' ,_ of u, ,ba°62trr;rta raaiiu 1 - �1;n r r w<r J { Y KM� Owrbr 41 vtn. ^hdvvrr �" k�14{°a Toronto ','Mississauga, ........ ra o ,.,G dkr+:g)IIpLl,lr I Y sissauga ; .IGk iT N'arlglton 1, Rochester.,, Mala ¢I csYa Z)2 4u'191rp G"oo elle 50 11m b,..;......–.–.–.0 Tanxis of k.lse Re4acrt �a trap error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-868-664-9376 or e-mail CustomerCommunications_@HydroOne com to be connected to your Loc. Operations Centre Please let me know if you have any questions or—rirerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Danni_S,De_Re_ngo��Hydrg,Dn_�,S<,lzm Page 180 of 216 From: Nexandre Thibault on behalf of Proximity To: Committee of Adiustment (SM) Subject: 202408-02_CN Comments_FILE: B 2024-021 - 62 Gage Avenue- Kitchener _Committee of Adjustment - Tuesday, August 20, 2024 Date: Friday, August 2, 2024 2:54:33 PM Attachments: imaae001.ono imaae002.DnQ Hello, Thank you for consulting CN on the application mentioned in subject. It is noted that the subject site is within 300 meters of CN's Main Line. CN has concerns of developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to railway operations cultivates an environment in which land use incompatibility issues are exacerbated. The Guideljnes.for_Ncw_D(ev.e.laprnenT in Proximity-f,©._R.ailw.ay_Qperations reinforce the safety and well-being of any existing and future occupants of the area. Please refer to these guidelines for the development of sensitive uses in proximity to railway operations. These policies have been developed by the Railway Association of Canada and the Federation of Canadian Municipalities. CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual project approval: The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." . The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Also, it is recommended that the proponents integrate into the dwellings design and construction the following mitigation measures : . Acoustically upgraded windows meeting the minimum requirements of the Building Code and providing a maximum 35 dBA indoor limit for bedrooms and 40 dBA for living rooms, • Forced air ventilation systems with central air conditioning, • The exterior provision wall siding of buildings closest to the railway line to be brick or a masonry equivalent for the exposed facades. We request that CN rail and the proximjty�cn.:ca. email he circulated on any and all public notices and notice of decisions with respect to this and future land use planning applications with respect to the subject site. Thank you and do not hesitate to contact me with any questions. Best regards, Alexandre Thibault Associe en urbanisme t Urban Planner Associate PROXIMITY B.Sc. Urb v'% III E+ proximity Q)cn.ca From: Committee of Adjustment (SM) <.C..cSrnrr.i.ittcEtoC rliustrnrn:[.C4kiauherlrzr:r.a> Sent: Friday, August 2, 2024 9:15 AM To: Committee of Adjustment (SM) <Coup :ii:C g f:A iustment kifchener ca> Subject: Agenda - Committee of Adjustment - Tuesday, August 20, 2024 CAu non: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe. AVERTISSEMENT : ce courriel provient d'une source externe an CN : NE CLIQUEZ SUR AUCUN lien on piece joints a mains de reconnaitre I'exlrediteur et d'avoir VERI FIE la securite du contenu. Good morning, The ear e� nda for the August 20, 2024 Committee of Adjustment meeting is now available on our Council/Corn ittee. calendar:_ The combined agenda with reports will be posted to the meeting calendar by noon on Friday, August 16, 2024. Page 181 of 216 Connie Owen Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7109 1 TTY 1-866-969-9994 1 L ann.ie,owen.@jkitc.hener::c:a. Page 182 of 216 Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: August 20, 2024 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668 WARD INVOLVED: 10 DATE OF REPORT: August 9, 2024 REPORT NO.: DSD -2024-366 SUBJECT: Minor Variance Applications A2024-066 and A2024-067 and Consent Application B2024-022 -1180 Union Street RECOMMENDATION: A. Minor Variance Application A2024-066 —1180 Union Street (Severed Parcel) That Minor Variance Application A2024-066 for 1180 Union Street (Severed Parcel) requesting relief from the following Sections of Zoning By-law 85-1: i) Section 39.2 to permit a front yard setback of 3.3 metres instead of the minimum required 4.8 metres; and ii) Section 39.2 to permit a rear yard setback of 3.0 metres instead of the minimum required 7.5 metres; generally in accordance with the Sketch Prepared for Severance Application, prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan, prepared by Bobicon Ltd., dated June 21, 2024, BE APPROVED, subject to the following condition: 1. That the Owner submit cross-section drawings showing the grading and relationship between the severed lot, adjacent properties, and Maple Avenue, to the satisfaction of the City's Director of Development and Housing Approvals. Said drawings shall illustrate all relevant proposed and existing features, including, but not limited to the proposed dwelling, adjacent existing dwellings, retaining walls, amenity areas/patios, and fencing. B. Minor Variance Application A2024-067 —1180 Union Street (Retained Parcel) That Minor Variance Application A2024-067 for 1180 Union Street (Retained Parcel) requesting relief from the following Sections of Zoning By-law 85-1: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 183 of 216 i) Section 39.2 to permit a corner lot width of 12.65 metres instead of the minimum required 15 metres; ii) Section 39.2 to permit a side yard setback on one side of the dwelling where there is a driveway of 2.9 metres instead of the minimum required 3.0 metres; iii) Section 39.2 to permit a side yard setback abutting a street of 3.2 metres instead of the minimum required 4.5 metres; iv) Section 39.2 to permit a rear yard setback of 2.8 metres instead of the minimum required 7.5 metres; generally in accordance with the Sketch Prepared for Severance Application, prepared by J.D. Barnes Ltd, dated April 11, 2024, and the Proposed Site Plan, prepared by Bobicon Ltd., dated June 21, 2024, BE APPROVED. C. Consent Application B2024-022 — 1180 Union Street That Consent Application B2024-022 requesting consent to sever a parcel of land having an approximate frontage on Maple Avenue of 15.68 metres, a depth ranging between 14.43 metres and 15.67 metres, and a lot area of 235.0 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Applications A2024-066 and A2024-067 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 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's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That at the sole option of the City's Director, Development and Housing Approvals, the Owner shall enter into an agreement with the City of Kitchener, on both the severed lot and retained lot, to be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the City's Director, Development and Housing Approvals, which shall include the following: a) That the owner shall prepare a Tree Preservation Plan for the severed and retained lands, in accordance with the City's Tree Management Policy, to be approved by the City's Manager, Site Plans, and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of building permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area Page 184 of 216 and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) The owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prior approval of the City's Manager, Site Plans. c) The owner shall maintain the lands, in accordance with the approved Tree Preservation and Enhancement Plan, for the life of the development. 6. That the Owner shall complete a Building Code Assessment for the existing dwelling proposed to be retained on the retained parcel of land, prepared by a qualified person, to confirm that the proposed property line and any of the building adjacent to this new property line complies with the Ontario Building Code, to the satisfaction of the City's Chief Building Official. The assessment shall address items such as, but not limited to, spatial separation of existing buildings' wall face, and shall include recommendations such as closing in of openings pending spatial separation calculation results. The Owner shall obtain a Building Permit for any remedial work/ upgrades required by the Building Code Assessment. 7. That the Owner shall provide a grading and drainage control plan, to the satisfaction of the City's Director of Engineering Services. 8. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 9. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 10. 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. 11. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 12. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 13. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park Page 185 of 216 dedication of $11,862.00. 14. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 15. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." ii) "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 Ministry of Environment, Conservation and Parks." iii) "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." REPORT HIGHLIGHTS: • The purpose of this report is to recommend approval of the proposed Consent Application to permit the creation of a new lot, and to recommend approval of the associated Minor Variance Applications, to recognize the dwelling on the retained lot and to facilitate development of the severed lot with a new duplex dwelling. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. Page 186 of 216 Figure 1: Photo of existing dwelling on Retained Lot, taken from Union Street. Figure 2: Photo of Severed Lot, looking west from Maple Avenue. Note the depressed grading on the Severed Lot. The Retained Lot is at left. Page 187 of 216 BACKGROUND: The subject property is located at the northwest corner of Union Street and Maple Avenue, in the North Ward Planning Community. The property contains a dwelling, originally constructed as a single detached dwelling in approximately 1949. The rear yard of the property is approximately 18.4 metres deep and a large portion of the rear yard is within a depression that is approximately 1.3 metres below the grade of Maple Avenue. The lands to the west, on Union Street, contain mainly low density residential uses, while the property immediately to the north contains a 3 -storey multiple dwelling. The lands to the east and southeast are used for industrial purposes. The subject property is identified as `Community Areas' on Map 2 — Urban Structure of the 2014 Official Plan and is designated as `Low Rise Conservation A' in the North Ward Secondary Plan. The property is zoned `Residential Five Zone (R-5) with Special Use Provision 129U' under Zoning By-law 85-1. The purpose of Consent Application B2024-022 is to sever a parcel of land with an approximate frontage on Maple Avenue of 15.68 metres, a depth ranging between 14.43 metres and 15.67 metres, and an area of 235.0 square metres. The owner intends on constructing a duplex dwelling [i.e., a Single Detached Dwelling with an Additional Dwelling Unit (ADU) (Attached)] on the severed lot. Minor Variance Application A2024-066 requests relief for the severed lot from Section 39.2 of Zoning By-law 85-1 to permit: a) a front yard setback of 3.3 metres instead of the minimum required 4.8 metres, and b) to permit a rear yard setback of 3.0 metres instead of the minimum required 7.5 metres. The retained lot would contain the existing dwelling, which would be converted to a duplex dwelling, and would have an approximate frontage on Union Street of 12.65 metres, a frontage on Maple Avenue of 22.42 metres, a depth ranging between 12.65 metres and 14.43 metres, and an area of 302.6 square metres. Minor Variance Application A2024-067 requests relief for the retained lot from Section 39.2 of Zoning By-law 85-1: a) to permit a corner lot width of 12.65 metres instead of the minimum required 15 metres, b) to permit a side yard setback on one side of the dwelling where there is a driveway of 2.9 metres instead of the minimum required 3.0 metres, c) to permit a side yard setback abutting a street of 3.2 metres instead of the minimum required 4.5 metres and d) to permit a rear yard setback of 2.8 metres instead of the minimum required 7.5 metres. The purpose of the latter Minor Variance Application is to recognize the existing dwelling at 1180 Union Street, on the resultant parcel (retained lot). Page 188 of 216 Figure 3: Subject Property (outlined in red). REPORT: Planning Comments Minor Variance Applications A2024-066 and A2024-067: 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 Several Official Plan policies apply to the subject minor variance applications, for example: • North Ward Secondary Plan Policies (emphasis added): 0 13.8.1.1 ... It is intended that development should be of a siting and design which will be compatible with the existing development and particularly the single detached dwellings in the interior of the neighbourhood. 0 13.8.1.3. The severance of rear and flanking property assemblies for integrated redevelopment schemes will be permitted provided that the remnant or remaining parcel continues to be in conformity with the policies of this Plan and the implementing Zoning By-law. 0 13.8.2.1. Low Rise Conservation — A. Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings, small lodging houses, small residential care facilities, home businesses, and private home day care. • 2014 Official Plan Policies (emphasis added): o 3.C.2.50. The planned function of Community Areas is to provide for residential uses as well as non-residential supporting uses intended to serve the immediate residential areas. o 3.C.2.51. Within areas identified as Community Areas on Map 2 the applicable land use designation may include Low Rise Residential, Medium Page 189 of 216 Rise Residential, High Rise Residential, Open Space, Institutional and/or Major Infrastructure and Utilities as shown on Map 3 and detailed in Sections 15.D.3, 15.D.7, 15.D.10 and 15.D.11. o 3.C.2.52. Limited intensification may be permitted within Community Areas in accordance with the applicable land use designation on Map 3 and the Urban Design Policies in Section 11. The proposed development must be sensitive to and compatible with the character, form and planned function of the surrounding context. o 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulation(s) or minor variance(s) will be reviewed, but not limited to the following to ensure, that: a) Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. b) Where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood. d) New buildings, additions, modifications and conversions are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts, particularly with respect to privacy. e) The lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site. f) The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in the one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and neighbourhood design and does not create further zoning deficiencies. 0 4.C.1.9. Residential intensification and/or redevelopment within existing neighbourhoods will be designed to respect existing character. A high degree of sensitivity to surrounding context is important in considering compatibility. Page 190 of 216 Development and Housing Approvals (DHA) staff is of the opinion that the variances related to the severed lot (Application A2024-066) meet the intent of the Official Plan. The front yard setback variance maintains a consistent setback from Maple Avenue, noting that the existing dwelling on the retained lot is set back approximately the same distance (3.21 metres). However, DHA staff is unsure whether the rear yard variance meets the intent of the Official Plan. On one hand, the Proposed Site Plan shows that two 8' x 10' patios would be provided, one for the upper unit, and one for the lower unit. In addition, the rear lot and side yards would be fenced, helping to enclose the amenity space provided in these yards. This would assist in providing privacy for the tenants and buffering from the adjacent properties. However, despite DHA staff's request prior to acceptance of the applications, no proposed grading plan or cross-section drawings were provided with the application (a grading plan was provided that only shows existing grades), so staff does not fully understand the interface of the anticipated development with the surrounding properties and Maple Avenue. The Proposed Site Plan provided with the application submission shows two retaining walls on the severed lot. From this plan, staff supposes that a portion of the site grading would be raised such that the front and left side of the proposed duplex dwelling, proposed asphalt driveway, proposed patio for upper unit, and most of the front yard would be at the same grade as Maple Avenue. Staff further supposes that the right side yard, proposed patio for lower unit, and the entirety of the rear yard would be within an area of depressed grading. Staff suppositions may not be correct. To confirm whether the rear yard setback variance meets the intent of the Official Plan (e.g. compatibility with adjacent properties), staff recommends a condition requiring a cross-section drawings that clearly demonstrate the above referenced features, to the satisfaction of staff, to understand the relationship between the rear of the dwelling and the surrounding properties. DHA staff is of the opinion that all variances related to the retained lot (Application A2024- 067), except for the rear yard variance, seek to legalize existing lot / building characteristics. These variances meet the intent of the Official Plan. The variance to permit a rear yard setback of 2.8 metres instead of the minimum required 7.5 metres would facilitate the new lot line separating the retained and severed lots. The Proposed Site Plan shows that two 8' x 10' patios would be provided, one for the upper unit, and one for the lower unit. In addition, the rear lot and side yards would be fenced, helping to enclose the amenity space provided in these yards. This would assist in providing privacy for the tenants and buffering from the adjacent properties. DHA staff is of the opinion that the rear yard variance meets the intent of the Official Plan. General Intent of the Zoning By-law With respect to Minor Variance Application A2024-066, DHA staff is of the opinion that the variance for relief for the front yard setback for the severed lot meets the intent of the Zoning By-law since the purpose is to provide a consistent setback along the street and staff is of the opinion that the setback is consistent with the existing dwelling on the retained lot. However, staff is unsure whether the requested rear yard relief for the severed lot meets the intent of the Zoning By-law since the proposed grades are not known and the appropriateness of the relationship between the rear of the dwelling, rear Page 191 of 216 yard, and adjacent properties is not understood. As aforementioned, staff recommends a condition to require cross-section drawings to confirm the interface. Regarding Minor Variance Application A2024-067, DHA staff is of the opinion that the variances for relief related to lot width, side yard setback, and side yard abutting a street setback meet the intent of the Zoning By-law, especially since this relief represents a legalization of the existing lot and setback characteristics. The variance for rear yard setback meets the intent of the Zoning By-law, since the rear of the existing dwelling on the retained lot would face the side yard of the proposed duplex dwelling on the severed lot, preventing privacy concerns. Also, the proposed two private patios and fencing, as shown on the Proposed Site Plan would assist with ensuring privacy and buffering and would provide sufficient amenity space for residents. Are the Effects of the Variances Minor? With respect to Minor Variance Application A2024-066, DHA staff is of the opinion that the variance for relief for the front yard setback for the severed lot is minor since it is not anticipated to cause unacceptably adverse impacts on adjacent properties. However, staff is not sure about the impacts that might be caused to the residents of 1176 Union Street, since the proposed grades are not known. Perhaps more importantly, the potential impacts of the 1176 Union Street on the severed lot, especially the proposed lower amenity area, are not understood. Staff recommends a condition to require cross-section drawings to understand any potential impacts. Regarding Minor Variance Application A2024-067, DHA staff is of the opinion that none of the requested variances will cause unacceptably adverse impacts on the surrounding properties. Accordingly, the variances are minor. Are the Variances Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? DHA staff is of the opinion that all variances requested through both Application A2024- 066 and Application A2024-067 are desirable, possibly except for the variance for rear yard setback relief related to the severed lot (A2024-066), for the reasons outlined above. Subject to satisfactory clearance of the recommended condition, the variances will allow for appropriate, gentle intensification within an established neighbourhood and will assist in providing much needed housing during the present housing crisis. Planning Comments Consent Application B2024-022: 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 Page 192 of 216 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. DHA staff is of the opinion that, subject to satisfactory clearance of the recommended condition regarding Minor Variance Application A2024-066, the requested consent will facilitate gentle intensification of the subject property with the creation of a new lot. 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 located within the City's Built -Up Area, as noted on Map 1 — City Urban Area and Countryside of the Official Plan. Subject to satisfactory clearance of the recommended condition regarding Minor Variance Application A2024-066, the proposed development represents gentle intensification and will contribute towards achieving the City's intensification goals for the Built -Up Area. The severance application will help make efficient use of existing roads, parks (e.g., Ash Park, Guelph Street Park), and nearby transit (e.g., Local GRT Route #6). DHA staff is of the opinion that the development proposal conforms to the Growth Plan. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated Built -Up Area in the ROP. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. The Region has indicated that they have no objections to the proposed consent, subject to the conditions outlined in the Recommendation section of this report (i.e., the Owner shall enter into a registered development agreement with the Region to implement noise mitigation measures for all dwelling units on the severed and retained lands and payment of the consent review fee). DHA staff is satisfied that the application conforms to the ROP. City's Official Plan (2014) The subject property is identified as Community Areas on Map 2 — Urban Structure of the 2014 Official Plan and is designated as Low Rise Conservation A in the North Ward Secondary Plan. The property is zoned R-5, 129U under By-law 85-1. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies). These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: Page 193 of 216 a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." Figure 4: Lot fabric of surrounding community. Subject Property is outlined in red. With respect to the Official Plan, Planning staff is of the opinion that the Severed and Retained lots reflect the general scale and character of the established development pattern of surrounding lands as noted above. Although the resultant lots would have the among the smallest lot areas in the surrounding neighbourhood, the lots would be Page 194 of 216 orf 4 m Subject Pr Pp rty fiM rxf ..A I R �f- arra tt1 IX i � .,,, p0.�4 Uv fV ...,, 11101 d Very bt V�F�p OIC �4 �P�l P6GM1 Oeyfe' Y(roq Y 10aV` IV4a � � f1r t Yt/'a 1 � v^'w 4YI YRY N' t nV&�, T 4k ; 1 Yvf Y�V'I 1q,1 • P "1 k4 FNMf VFN M 1HI I I 1i4/ U var �M1 YPo+�G�,Wf AFG l a � 0 t4s FJ � 4 t, 4WI II I J � Y.i ��F fV ,tr kY V � cAV YeV '^�� Vn4 211 f ,',� .... f IMI W ,,,, �� : f .............. ,r,�,���� �� me ^� .rum- ,,,, � rem � u, r Figure 4: Lot fabric of surrounding community. Subject Property is outlined in red. With respect to the Official Plan, Planning staff is of the opinion that the Severed and Retained lots reflect the general scale and character of the established development pattern of surrounding lands as noted above. Although the resultant lots would have the among the smallest lot areas in the surrounding neighbourhood, the lots would be Page 194 of 216 consistent in terms of the lot widths. Also, there is significant variation in terms of the lot areas, shapes, and dimensions within the surrounding area. Moreover, the severed and retained lots are located in an area of the neighbourhood that is unique; they are located directly across Maple Avenue from an industrial area and abutting a 3 -storey multiple dwelling that was likely constructed in the 1960s. The variety of uses and lot configurations results in an area that does not have a clearly defined character. The area lends itself to additional variety, such as that proposed through the subject Consent Application. In general, the proposal represents development that is sensitive to and compatible with the character, form and planned function of the surrounding context. Also, the severed lot is sized such that a dwelling can be constructed that is of a similar character, scale and massing to existing dwellings in the area. In addition, subject to satisfactory clearance of the recommended condition regarding Minor Variance Application A2024-066, appropriate variances have been requested to remedy minor zoning deficiencies. The proposed lots have frontage on established public streets and municipal services will be made available, via conditions, to the severed lot. Zoning By-law 85-1 As aforementioned, the subject property is zoned `R-5, 129U' under Zoning By-law 85-1. It should be noted that Special Use Provision 129U is technically part of the zoning. However, the text of the regulation has been deleted. Practically, the zoning of the property is R-5 Zone (only). Subject to satisfactory clearance of the recommended condition regarding Minor Variance Application A2024-066, appropriate variances have been requested for both the severed and retained lots. See above Minor Variance comments for more details. 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 severed and retained lots are desirable and appropriate, subject to satisfactory clearance of the recommended condition regarding Minor Variance Application A2024-066. The lots reflect the general scale and character of the established development pattern of surrounding lands and variances have been requested to resolve minor zoning deficiencies. Servicing will be undertaken in accordance with the requirements of Engineering Services. The severed and retained lots have frontage on established public streets. DHA staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement, and the Region of Waterloo Official Plan, conforms to the Growth Plan for the Greater Golden Horseshoe, and represents good planning. Environmental Planning Comments: Standard condition for consent to enter into an agreement to complete a Tree Preservation/Enhancement Plan prior to demolition/building permit/grading/servicing etc. on BOTH severed AND retained parcels. Heritage Planning Comments: No Heritage comments or concerns. Page 195 of 216 Building Division Comments: A2024-066: The Building Division has no objections to the proposed variances provided building permit for the new duplex is obtained prior to construction. Please contact the Building Division at building(a)kitchener.ca with any questions. A2024-067.- The 2024-067:The Building Division has no objections to the proposed variances. 82024-022: 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: Spatial separation of existing buildings' wall face to the satisfaction of the Chief Building Official. Closing in of openings may be required, pending spatial separation calculation results. 2. A building permit shall be obtained for any remedial work/ upgrades that may be required by the Building Code Assessment. Engineering Division Comments: A2024-066 and A2024-067: No concerns. 82024-022: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to nolan. beatty(d).kitchen er.ca. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A grading and drainage control plan will be required to the satisfaction of the Engineering Division prior to severance approval. Final approval of on-site grading from the Building Division will be required at building permit stage. • 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 Page 196 of 216 have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: A2024-066 and A2024-067.- No 2024-067: No requirements. 82024-022: 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 lots only, with a land valuation calculated by the lineal frontage of 15.68 metres at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. No City -owned street trees will be impacted by the proposed development. Transportation Planning Comments: All Applications: Transportation Services have no concerns with these applications. Region of Waterloo Comments: A2024-066 and A2024-067: No concerns. 82024-022: The applicant proposes to sever an existing 537 square -metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single -detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre -submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above -ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre -consultation in March 2024, and consider it to be a low risk with respect to the Region's Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval Page 197 of 216 that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." "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 Ministry of Environment, Conservation and Parks." "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing pwalter(a-)_region ofwaterloo.ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a. That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall Page 198 of 216 comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b. That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i. "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." "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 Ministry of Environment, Conservation and Parks." iii. "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." 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. GRCA Comments: All applications: No objections. Enova Power Comments: All applications: Is the new development going to be subfed from the main house or will an easement on the property be provided in order for Enova to service the new dwelling? [Additional comment from Enova: "This is not something that needs to be determined at this time. This sort of process will go through our services department. I just wanted to flag it early on in the process so that it is something to keep in mind when it comes to actually servicing the property. When the new dwelling is built, there may be another option available that is not clear at this time, but this may be something that may come up when time of servicing happens."] Page 199 of 216 Hydro One Comments: B2024-022: No comments or concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2020) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan (ROP) • Official Plan (2014) • North Ward Secondary Plan (1994 Official Plan) • Zoning By-law 85-1 ATTACHMENTS: Attachment A — Severance Sketch, submitted with Applications. Attachment B — Proposed Site Plan, submitted with Applications. Attachment C — Plan showing Existing Grades, submitted with Applications. Page 200 of 216 PLOTTED 4/11/2024 G \24-40-242\00\D,a.ing\24-40-242-00—.,.v,dgm Page 201 of 216 K;:u @ P- - (,�) ;a r— C/) C: z P > 7m rn 0 77 ill C-) w > D, 0 -.-1 > -9 M 00 m r 0 < > _u 0 F11 Z z LI) F11 < V) F Tj > .1u m m m --H > A 7— Z -A 0 0 0 > m M z V) m > i c .............. .............. .............. .............. . .............. - - - -------------- - -------------- ............ . .............. . .............. ............. . . ........ . Mz.:rt c.P 187 187 po mt, M y mm 73796 15.61 2�84- 00 7.57 H 2PI PE- >1 6 E A/ C) --4 'Ile Nv bm -2.84 - .4 . ........... ,38.10 MALE AVENUF 15.68 AT'S "y REGISTERED PtAN"66 22'30J-0026 AT 0 BOND SRREET UNION LANE > > LANGASMER >a. > > > U -,z rm (A IP I > z + M PLOTTED 4/11/2024 G \24-40-242\00\D,a.ing\24-40-242-00—.,.v,dgm Page 201 of 216 Attachment B - Proposed Site Plan IN MWA -0.1 ;0 0 "D 0 cn m 0 cn --4 ONON 5T Page 202 of 216 Attachment C - Plan showing Existin_g Grades WFEN R. 'A "W"7, &V "A FIED F6Au o Q `' LOT 9It PAN 22JOIT—ON� e IMmr : u A VI 2 lw POST PoSr I AN! 66 C>,,' ca � 4"Ilk .w� ropuY� x� ,kc 44 .. 9�. a A " ire' 1':Y 0,, 1176 1 TOREY t. ('f� CRETT, St WH 01. � 4 it P A fp e° 0.24W c „, �91 OM1 k q/J 5 CRASS M" UNION STI T _ N qJ Page 203 of 216 PLANNING, DEVELOPMENTAND LEGISLATIVE SERVICES Commissioner's Office 150 Frederick Street, 8" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Will Towns yy!!2�mire iionofwateirlloo„ca 519-616-1868 File: D20-20/24 KIT August 6, 2024 via email Connie Owen Administrative Clerk, Legislative Services City of Kitchener 200 King Street West Kitchener, ON N2G 4G7 Re: Comments on Consent Applications B2024-018 to B2024-022 Committee of Adjustment Hearing — August 20, 2024 City of Kitchener Please accept the following comments pertaining to the above -noted consent applications for consideratiion at the upcoming Committee of Adjustment Hearing. Document Number: 4749612 Version: 1 Page 1 of 9 Page 204 of 216 B2024-017 & B2024-018 135 Gateway Park Drive Owner: 1289193 Ontario Inc. Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational restaurant, and a wholesale warehouse. The applicant has submitted two applications — B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397 parking spaces, and the second would create an easement for access in favour of the severed lands over the retained lands. The easement would maintain current vehicular circulation and access and avoid the need for new access points. No physical redevelopment is proposed. Archaeological Assessment (Advisory) These lands have been previously assessed for archaeological resources. However, to Regional staff's knowledge, the site has not been cleared of archaeological concerns. While clearance is not required to support this consent application given the level of disturbance on the site, any future Planning Act application proposing physical development will require the submission of the completed Archaeological Assessment and associated acknowledgment letter from the Ministry of Citizenship and Multiculturalism. If possible and in the applicant's possession, please provide a copy of the acknowledgement letter for our records. Regional fee Regional staff acknowledge receipt of the required consent review fees ($350 per application and $700 in total) on July 11, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 2 of 9 Page 205 of 216 B2024-019 250 Shirley Avenue Owner: Hiddayath Holdings c/o Farhan Hidayath Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave (an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting lands at 260 Shirley Avenue are both used industrially. Regional fee Regional staff acknowledge receipt of the required consent review fee ($350) on June 25, 2024. Regional staff have no objection to this application. Document Number: 4749612 Version: 1 Page 3 of 9 Page 206 of 216 B2024-020 573 Guelph Street Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with one semi-detached two-storey dwelling. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres, with access via Guelph Street. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1p nr !!.!pr irggiionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff have no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page 4 of 9 Page 207 of 216 B2023-021 62 Gage Avenue Owner/applicant: Jon Crummer The applicant proposes to sever an existing 602 -square metre lot to create a new lot of record and develop both lots with semi-detached two-storey dwellings. The existing single -detached dwelling on the property would be demolished. The severed and retained lands would each be approximately 300 square metres. Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing 1pnrll.irirgiioir�ofwaleirlloo,.ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application, subject to the following condition: 1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. Document Number: 4749612 Version: 1 Page S of 9 Page 208 of 216 B2024-022 1180 Union Street Owner: Vladan Knezevic Applicant: Urban Insights c/o Ryan Mounsey The applicant proposes to sever an existing 537 square -metre lot and create a new lot of record. The severed lands (235 square metres) would subsequently be developed with a new duplex dwelling with access to Maple Avenue, while the retained lot would be 303 square metres and maintain the existing single -detached dwelling and driveway access to Union Street. Relief from front/side yard setback and lot coverage requirements are required in a separate application. Note that Regional staff provided pre -submission comments to the City and applicant pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended). Record of Site Condition (Advisory) The above -ground heating fuel tank in the basement of the existing dwelling is noted on the Environmental Site Screening Questionnaire. Staff have further evaluated the proposed threat since initial pre -consultation in March 2024, and consider it to be a low risk with respect to the Region's Threats Inventory Database. As such, a Record of Site Condition is not required for this application in accordance with the Region's Implementation Guideline for the Review of Development Applications on or Adjacent to Known and Potentially Contaminated Sites. Environmental and Stationary Noise At this location, the proposed development may encounter environmental noise sources from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga Parkway), and potential stationary noise sources from existing land uses in the vicinity. In lieu of a detailed noise study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the Region of Waterloo to implement the following noise mitigation measures for all dwelling units on the severed and retained lands: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Document Number: 4749612 Version: 1 Page 6 of 9 Page 209 of 216 "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 Ministry of Environment, Conservation and Parks." "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Regional Consent Review Fee Regional staff are not in receipt of the required consent review fee of $350. This fee is required as a condition of approval for the consent application. Fees must be paid individually and separately to the Region. Fees can be submitted in- person, by mail, or EFT. • Arrange EFT by emailing lnrll.girirg iionofwateirlloo„ca. • Cheque or bank draft can be dropped off at Regional Head Office lobby/security (on the main floor), located at 150 Frederick St, Kitchener. 15 -minute parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen Street North and Ahrens Street East. • Cheque or bank draft can be mailed as follows: o Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 2. That prior to approval, the Owner/Applicant enter into a registered development agreement with the Region of Waterloo to implement the following conditions for all dwelling units on both retained and severed lots: a) That all dwelling units be constructed with a central air conditioning system. The location, installation and sound ratings of the outdoor air conditioning devices shall comply with the Ministry of the Environment, Conservation and Parks' NPC -300 noise guideline, as applicable. b) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks.” ii) "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 Document Number: 4749612 Version: 1 Page 7 of 9 Page 210 of 216 level limits of the Municipality and Ministry of Environment, Conservation and Parks." iii) "Purchasers/tenants are advised that due to the proximity of the adjacent industries, noise from these industries may at times be audible." Document Number: 4749612 Version: 1 Page 8 of 9 Page 211 of 216 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. Sincerely, Will Towns, RPP Senior Planner, Community Planning M�t!21y!5.Go ares iioinotwateirlloo,.ca 519-818-1868 Document Number: 4749612 Version: 1 Page 9 of 9 Page 212 of 216 August 8, 2024 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 058 — 175 Hoffman Street — No concerns 2) A 2024 - 059 — 15 Strange Street — No concerns. 3) A 2024 - 060 — 95 Brunswick Avenue — No concerns. 4) A 2024 - 061 — 25 Palace Street — No concerns. 5) A 2024 - 062 — 40 Palace Street — No concerns. 6) A 2024 - 063 — 908 Chapel Hill Court — No concerns. 7) A 2024 - 064 — 67 Kimberly Crescent — No concerns. 8) A 2024 - 065 — 570 Frederick Street — No concerns. 9) A 2024 - 066 — 1180 Union Street (severed lot) 10)A 2024 - 067 — 1180 Union Street (retained lot) 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. Document Number: 4752866 Page 213 of 216 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, Katrina Fluit Transportation Planner (226) 753-4808 16146 Mariah Blake, City of Kitchener CofNa-�Kitchen er.ca Document Number: 4752866 Page 214 of 216 drr~nh-dstration Centre: 400 Clyde f Rid, FIC), fro /12 r:^ar77hriricJr ONJ PJ11-(1 (i one:')] 9 ') 1..:r hl '"I"oI free: 1 x,66 900..ti1 Fax: ;,l9 4('i44 MA(W.9randrover,ca `Ori August 2, 2024 via email Marilyn Mills Secretary -Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting – August 20, 2024 Applications for Minor Variance A 2024-058 175 Hoffman Street A 2024-064 67 Kimberly Crescent A 2024-060 95 Brunswick Avenue A 2024-065 570 Frederick Street A 2024-061 25 Palace Street A 2024-062 40 Palace Street A 2024-063 908 Chapel Hill Court Applications for Consent B 2024-017 135 Gateway Park Drive B 2024-018 135 Gateway Park Drive B 2024-019 250 Shirley Avenue A 2024-066 1180 Union Street A 2024-067 1180 Union Street B 2024-020 573 Guelph Street B 2024-021 62 Gage Avenue B 2024-022 1180 Union Street Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a-)-grandriver.ca or 519-621-2763 ext. 2228. Sincerely, __� 9 — Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority IC/1e fnr "re,r ()l C On :, rio, re,hrre sefir ifig Orrr,d iols CV5 r.crns. ,,,rv,�ilion Au. horit.ies I ih e r:Irarrd A Car'adi<m J legit rge Riv(f:,,ir Page 215 of 216 F,v AMIN Pranev Ta: Committee of Adlusfinent f5M1 SubjM: Kitchener- 1180 Union Street -82024 Date: Wednesday, July 31, 20242:56:00 PM Attachments: —001.— Halla, We are in receipt of your Application for Cori sent, B 2024 022 dated .July 25th, 2924. We have reviewed the documents concerning the noted App kation and have no comments or coneerns at this time. Ourprelimine.. review considers issues affeetin r H{ dro Ctne's'V{i h_Vptt pe W acuities and Corridor I ands' onl rL. For pmposals affectingr'I_ow Voltage Distribution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please follow the following link: $.t4fm.G.eate- (taxdtvo.9 e..som) Please select"Search" and locate address in question by enteringthe address or byzoorning in and out of the reap N:h ? C Qom' ydra N1C.NW HELP SEARCH one Customers Affecte& 0 >5000 501-5000 0 51-500 0 21-50 <.20 0 Multiple Crew Service Area J ,,, lM,,, ottaw Montreal ;w�don nl rll, �dl-' �tl2 " %N. wi tl� kGEa n s i' ,_ of u, ,ba°62trr;rta raaiiu 1 - �Y;n r r w<r J { Y KM� Owrdr 41 vtn. ^hdvvrr �" k�14{°a Toronto ','Mississauga, ........ ra o ,.,G dkr+:g)IIpLl,lr I Y sissauga ; .IGk iT N'arlglton 1, Rochester.,, Mala ¢I csYa Z)2 4u'191rp G"oo elle 50 hm b,..;......–.–.–.0 Tanxis of k.lse Re4scrt �a trap error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-868-664-9376 or e-mail CustomerCommunications_@HydroOne com to be connected to your Loc. Operations Centre Please let me know if you have any questions or—rirerns. Thank you, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Danni_S,De_Re_ngo��Hydrg,Dn_�,S<,lzm Page 216 of 216