HomeMy WebLinkAboutDSD-2024-342 - Zoning By-law Amendment Application ZBA24/013/F/BB - 75 First Avenue - Jason DaleStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: August 12, 2024
SUBMITTED BY: Garett Stevenson, Director, Development and Housing
Approvals, 519-741-2200 ext. 7070
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: July 12, 2024
REPORT NO.: DSD -2024-342
SUBJECT: Zoning By-law Amendment Application ZBA24/013/F/BB
75 First Avenue
Applicant: Jason Dale
RECOMMENDATION:
That Zoning By-law Amendment Application ZBA24/013/F/BB requesting to amend
Zoning By-law 2019-051, for Jason Dale, 75 First Avenue, be approved in the form
shown in the `Proposed By-law' and `Map No. 1' attached to Report DSD -2024-342 as
Attachment `A'.
REPORT HIGHLIGHTS:
The purpose of this report is to evaluate and provide a planning recommendation
regarding a Zoning By-law Amendment Application for the property located at 75 First
Avenue.
It is Planning staff's recommendation that the Zoning By-law Amendment Application
be approved. The proposed application represents an opportunity to provide additional
low-rise infill housing to help address a need in our community.
Community engagement included:
o Circulation of a preliminary notice to residents and property owners within
240 metres of the subject site;
o Installation of a large billboard notice sign on the property;
o Neighbourhood Meeting held on June 19, 2024-
• Notice of the statutory public meeting was circulated to all residents and
property owners within 240 metres of the subject site, and those who
responded to the preliminary circulation, and
o Notice of the public meeting was published in The Record on July 19, 2024.
This report supports the delivery of core services
This application was deemed complete on May 28, 2024. The Applicant can appeal
this application for non -decision after August 29, 2024.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 175 of 295
EXECUTIVE SUMMARY:
The owner of the subject lands addressed as 75 First Avenue is proposing to change the
zoning from 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051 to 'Low
Rise Residential Five Zone (RES -5)' with Site Specific Provision (404). This is to permit the
use of a multiple dwelling (more than 4 units). Staff are recommending the application be
approved.
BACKGROUND:
The City of Kitchener has received an application for a Zoning By-law Amendment (ZBA)
for a development concept that proposes a 3 -unit building addition onto an existing 3 -unit
rental and occupied multiple dwelling for a total of six (6) units and 5 parking spaces. The
reason an amendment is requested to the zoning by-law to change the zoning to 'RES -5'
is that the existing `RES -4' zone only allows up to a maximum of four (4) dwelling units in
multiple dwelling whereas six (6) are proposed. Special regulations in Site Specific
Provision (404) are also proposed to implement the site-specific nature of the
development proposal. As the proposal is less than 10 dwelling units, Site Plan Approval
not required as per the Planning Act, but the development proposal would be subject to a
Zoning Occupancy Permit.
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is
The subject property falls within the 'Community Area' on the City's Urban Structure (Map
2 - City of Kitchener Official Plan) and designated as 'Low Rise Residential' (Map 3 - City
of Kitchener Official Plan).
Site Context
The subject lands are addressed as 75 First Avenue as shown in Figure 1 below. The
subject lot is currently developed with a 3 -unit multiple dwelling. First Avenue is a Major
Community Collector Street which is serviced by Grand River Transit Route 7. The
surrounding neighbourhood contains a mix of low-rise residential uses including
townhouses situated immediately east of the subject property on Connaught Place as
shown on Figure 2.
Page 176 of 295
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Page 177 of 295
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Figure 2 - Aerial Photo of Subject and Surrounding Lands
REPORT:
The applicant is proposing to add a 3 unit building addition to the existing 3 -unit multiple
dwelling as shown below in Figure 3. There is a single point of access proposed to First
Avenue leading to five (5) surface parking spaces at the rear of the property.
Page 178 of 295
Figure 3 — Building Elevation of Proposed Rear Addition and Parking
Planning Act, R.S.O. 1990, c. P.13 25.
Section 2 of the Planning Act establishes matters of provincial interest and states that the
Minister, the council of a municipality, a local board, a planning board, and the Tribunal, in
carrying out their responsibilities under this Act, shall have regard to, among other matters,
matters of provincial interest such as:
f) The adequate provision and efficient use of communication, transportation, sewage
and water services and waste management systems;
g) The minimization of waste;
h) The orderly development of safe and healthy communities;
j) The adequate provision of a full range of housing, including affordable housing;
k) The adequate provision of employment opportunities;
p) The appropriate location of growth and development;
q) The promotion of development that is designed to be sustainable, to support public
transit and to be oriented to pedestrians;
r) The promotion of built form that,
(i) Is well-designed,
(ii) Encourages a sense of place, and
(iii) Provides for public spaces that are of high quality, safe, accessible, attractive,
and vibrant;
s) The mitigation of greenhouse gas emissions and adaptation to a changing climate.
These matters of provincial interest are addressed and are implemented through the
Provincial Policy Statement, 2020, as it directs how and where development is to occur.
The City's Official Plan is the most important vehicle for the implementation of the
Provincial Policy Statement, 2020 and to ensure Provincial policy is adhered to.
The Ministry of Municipal Affairs and Housing is proposing an integrated province -wide
land use planning policy document, potentially replacing the Provincial Policy Statement
Page 179 of 295
and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, with a singular
Provincial Planning Statement (PPS) which is in draft form and not in effect at the time this
report was prepared.
Provincial Policy Statement, 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.
To support provincial policies relating to the optimization of infrastructure, transit and
active transportation, the proposed zoning facilitates a compact form of infill development
which efficiently uses the lands, is near transit options, and makes efficient use of both
existing roads and active transportation networks. The lands are serviced and are in
proximity to parks, trails and other community uses. Provincial policies are in support of
providing a broad range of housing.
Planning staff is of the opinion that the proposed application will facilitate the intensification
of the subject property with a low-rise missing middle development building form that is
compatible with the surrounding community, helps manage growth, is transit -supportive
and will make use of the existing infrastructure. No new public roads would be required for
the proposed development and Engineering staff have confirmed there is capacity in the
sanitary sewer to permit intensification on the subject lands.
Based on the foregoing, staff is of the opinion that this proposal is in conformity with the
PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth
Plan):
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. Policies
of the Growth Plan promote growth within strategic growth areas including community
areas, in order to provide a focus for investments in transit and other types of
infrastructure.
Policy 2.2.6.1(a) states that municipalities will support housing choice through the
achievement of the minimum intensification and density 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.
Page 180 of 295
Policies 2.2.1.4 states that complete communities will:
a) feature a diverse mix of land uses, including residential and employment uses, and
convenient access to local stores, services, and public service facilities;
b) improve social equity and overall quality of life, including human health, for people of
all ages, abilities, and incomes;
c) provide a diverse range and mix of housing options, including additional residential
units and affordable housing, to accommodate people at all stages of life, and to
accommodate the needs of all household sizes and incomes;
d) expand convenient access to:
i. a range of transportation options, including options for the safe, comfortable,
and convenient use of active transportation;
ii. public service facilities, co -located and integrated in community hubs;
iii. an appropriate supply of safe, publicly accessible open spaces, parks, trails,
and other recreational facilities; and
iv. healthy, local, and affordable food options, including through urban agriculture;
e) provide for a more compact built form and a vibrant public realm, including public
open spaces;
f) mitigate and adapt to the impacts of a changing climate, improve resilience, and
reduce greenhouse gas emissions, and contribute to environmental sustainability;
and
g) integrate green infrastructure and appropriate low impact development.
The Growth Plan supports planning for a range and mix of housing options and higher
density housing options that can accommodate a range of household sizes in locations
that can provide access to transit and other amenities.
Planning staff is of the opinion that the application conforms to the Growth Plan. 6 six unit
multiple dwelling is an appropriate form of missing middle housing for this location.
Regional Official Plan (ROP):
The subject lands are designated "Urban Area" and "Built -Up Area" on Map 2 of the
Regional Official Plan (ROP).
Section 1.6 of the Regional Official Plan establishes the Regional Planning Framework
and Section 2.B.1 and 2.0 establish policies for the Urban System. Section 2.F of the
Regional Official Plan establishes policies for intensification targets within the Delineated
Built -Up Area, which is set at 60% annually for the City of Kitchener. Furthermore,
development in the Built -Up Area is intended to provide gentle density and other missing
middle housing options that are designed in a manner that supports the achievement of
15 -minute neighbourhoods. The proposed density will contribute to the achievement of
Kitchener's intensification target for the delineated Built -Up Area of the City of Kitchener.
The Region of Waterloo has indicated they have no objections to the proposed application,
subject to adding the prohibition of geothermal wells in the ZBA. (Attachment `C').
Planning staff are of the opinion that the application conforms to the Regional Official Plan
as this form of missing middle housing is appropriate for the Built -Up Area.
Page 181 of 295
City of Kitchener Official Plan (OP)
Urban Structure
The subject lands are identified as a `Community Areas' in the City's Urban Structure (Map
2). The planned function of Community Areas is to provide residential uses as well as non-
residential supporting uses intended to serve the immediate residential areas. Community
Areas may have limited intensification with development being sensitive and compatible
with the character, form, and planned function of the surrounding context.
Land Use Designation
The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3).
Low Rise Residential areas are intended to accommodate a full range of low-density
housing types including single detached, semi-detached, townhouse, and low-rise multiple
dwellings up to 3 storeys or 11 metres in height. The Low Rise Residential designation
states that the City will encourage and support the mixing and integrating of innovative and
different forms of housing to achieve and maintain a low-rise built form. While the
maximum Floor Space Ratio (FSR) is 0.6, the Official Plan allows site-specific increases to
a maximum of 0.75 may be permitted without an amendment to the Official Plan, provided
the development meets the general intent of Official Plan policies and is compatible
(Section 15.D.3.11).
Planning staff is of the opinion that the requested Zoning By-law Amendment will facilitate
a low-rise housing form that conforms to the Low Rise Residential land use designation in
the City's Official Plan. The proposal provides an additional low density housing type
within the neighbourhood with a maximum FSR of 0.63 and 3 storeys and 11 metres in
height.
Transportation
The City's Official Plan contains policies to develop, support, and maintain a complete,
convenient, accessible, and integrated transportation system that incorporates active
transportation, public transit, and accommodates vehicular traffic.
Regarding alternate modes of transportation, objectives of the Official Plan include
promoting land use planning and development that is integrated and conducive to the
efficient and effective operation of public transit and encourages increased ridership of the
public transit system. The City shall promote and encourage walking and cycling as safe
and convenient modes of transportation.
The proposed development aims to increase density on an existing site that is served by
public transit, with access to Grand River Transit Route 7 that connects directly to the
Fairway Station ION stop. The proposed development is required to provide safe, secure
indoor bicycle storage to encourage active transportation. Staff is of the opinion that the
requested Zoning By-law Amendment conforms with the transportation policies of the
City's Official Plan. Limited Outdoor amenity space will be provided for residents, and
locations of indoor bicycle spaces will be confirmed through the detailed zoning review
prior to a building permit being issued.
Urban Design
The City is committed to achieving a high standard of urban design, architecture, and
place -making to positively contribute to quality of life, environmental viability and economic
Page 182 of 295
vitality. Urban design is a vital component of city planning and goes beyond the visual and
aesthetic character of individual buildings and considers the functionality and compatibility
of development as a means of strengthening complete communities.
Urban Design policies in the 2014 Official Plan support creating visually distinctive and
identifiable places, structures and spaces that contribute to a strong sense of place and
community pride, a distinct character and community focal points that promote and
recognize excellence and innovation in architecture, urban design, sustainable building
design and landscape design. The City requires high quality urban design in the review of
all development applications through the implementation of the policies of the Official Plan
and the City's Urban Design Manual.
The proposed development maintains the existing dwelling and the addition is situated at
the rear of existing dwelling to maintain the existing building form and character and to
minimize visual impact. The building addition has been designed to limit views onto
existing adjacent townhomes. Building materials of the addition are complimentary and in
keeping with the existing dwelling. Staff is generally supportive of the Design Brief
submitted with the application.
Housing
The City's primary objective with respect to housing in the Official Plan is to provide for an
appropriate range, variety and mix of housing types and styles, densities, tenure, and
affordability to satisfy the varying housing needs of our community through all stages of
life. This low rise multiple dwelling proposal is a "missing middle" housing type and
provides an option that bridges the gap between high density residential towers and single
detached dwellings. The proposed housing type is an important segment in Kitchener's
housing continuum.
Policy 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.
Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full
range of housing types and styles both across the city as a whole and within
neighbourhoods.
Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing
types and tenures such as rental housing, freehold ownership and condominium
ownership including common element condominium, phased condominium, and vacant
land condominium, as a means of increasing housing choice and diversity.
Based on the planning analysis, Planning staff is of the opinion that Provincial, Regional and
City policies support the re -zoning of these lands to allow `missing middle' housing. As such,
staff is of the opinion this application represents good planning and recommends that the
proposed By-law amendment be approved in the form shown in Appendix `A'.
Proposed Zoning By-law Amendment:
The subject lands are currently zoned `Low Rise Residential Four Zone (RES -4)' in Zoning
By-law 2019-051.
Page 183 of 295
The applicant has requested to change the zoning to `Low Rise Residential Five Zone
(RES -5)' and add a Site -Specific Provision (404) in Zoning By-law 2019-051. The
requested change in zoning category is to permit the proposed use of a "Multiple Dwelling"
(greater than 4 units).
Site -Specific Provision (404)
• To permit a parking requirement of 0.8 parking spaces per dwelling unit, a minimum of
5 motor vehicle parking spaces; whereas the Zoning by-law requires a minimum of 6
motor vehicle parking spaces — staff is supportive of a reduction of one space given
the property is on a bus route.
• To not require dwelling units located at ground floor level to have patio areas adjacent
to the dwelling; whereas the Zoning Bylaw requires 2 patio areas for ground floor units
— staff is supportive as the property is near parks and open space and on-site amenity
will be provided.
• To permit a minimum interior side yard setback of 1.28 metres; whereas the Zoning
By-law requires a minimum Interior Side yard setback of 3 metres - this is to recognize
the existing setback of the existing dwelling.
• To permit a maximum Floor Space Ratio of 0.63; whereas the Zoning By-law only
permits a maximum Floor Space Ratio of 0.6 — staff is supportive of this minor
increase as the increase of 0.3 does not pose any additional impacts.
• To permit a minimum of 0 visitor parking spaces; whereas the Zoning By-law requires
a minimum of 1 visitor parking space — staff is supportive as 6 dwelling units will not
generate significant visitor parking usage and five spaces are provided by tenants. In
addition, Vanier Park and Kingsdale Community Service are nearby that offer
connections to other parts of the community including bike lanes on First Avenue.
These promote bicycle usage and active transportation and reduce dependency on an
automobile. A major bus route is on First Avenue that connects directly to the Fairway
ION Transit Station.
To permit a minimum rear yard setback for a parking lot of 1 metre; whereas the
Zoning By-law requires a minimum rear yard setback for a parking lot of 1.5 metres —
Staff is supportive of this minor reduction to achieve the 5 parking spaces; otherwise,
only 4 parking spaces could be provided.
To permit a minimum side yard setback of a parking lot of 0 metres; whereas the
Zoning By-law requires a minimum side yard setback of 1.5 metres — This is to allow
for the extension of the existing asphalt line to the rear of the property.
To permit a minimum drive aisle width of 5.3 metres; whereas the Zoning By-law
requires a minimum drive aisle width of 6 metres — The plan shows an existing asphalt
width for the existing driveway of 5.3 metres at the front of the property that widens out
to 6.5 metres at the rear.
Page 184 of 295
• To permit no street line fagade opening whereas the Zoning By-law requires a
minimum of 20%. — This regulation would typically \apply to a new building but, in this
case, this regulation it is to recognize an existing condition that cannot meet this
regulation as the existing buildings and units will remain.
• To prohibit geothermal wells — This was requested by the Region of Waterloo as the
property is located within a wellhead protection area.
STRATEGIC PLAN ALIGNMENT:
Proposed Zoning By-law Amendment Conclusions
Staff is of the opinion that the proposed Zoning By-law Amendment to change the zoning
of the subject lands to `RES -5' with Site Specific Provision (404), represents good planning
as it will facilitate the intensification of the property with a 6 -unit multiple dwelling, which is
compatible with the existing neighbourhood, and is a good example of gentle
intensification. Staff are supportive of the proposed development and recommend that the
proposed Zoning By-law amendment be approved as shown in Attachment `A'.
Planning staff are of the opinion that the proposed Zoning By-law Amendment Application
is consistent with policies of the Provincial Policy Statement, conforms to the Growth Plan
for the Greater Golden Horseshoe, the Regional Official Plan, and the City of Kitchener
Official Plan, and represents good planning.
Department and Agency Comments:
Circulation of the Zoning By-law Amendment Application was undertaken in June to all
applicable City departments and other review authorities. No major concerns were
identified by any commenting City department or agency and any necessary revisions and
updates were made. Copies of the comments are found in Attachment `C' of this report.
The following Reports and Studies were considered as part of this proposed Zoning By-
law Amendment Application:
• Zoning By-law Amendment Application Form
• Planning Justification Report
• Existing Conditions Plan
• Concept Site Plan
• Urban Design Report
• Building Elevations
• 3D Massing of Building
• Tree Management Plan
• Sustainability Statement
• Parking Justification Study
• Functional Servicing Brief
• Water Distribution Report
• Notice of Source Protection Plan Compliance
• Noise Study (Road)
• Environmental & Stationary Noise Study
Page 185 of 295
WHAT WE HEARD
isThree (3) persons provided comments
A City -led Neighbourhood Meeting was held on June 19,
2024, and eight (8) users logged on.
348 households (residents and property owners) were
circulated and notified
Staff received written responses from 3 residents with respect to the proposed
development. These are included in Attachment `D.' A summary of what we heard, and
staff responses are below.
What We Heard
Staff Comment
Construction and Noise will Impact
While understanding the concern, property
Neighbour who Works Night
owners are allowed by law to generate
construction noise from 7:00 am to 7:00 pm.
Will not be Affordable Housing
Any housing built is a positive to help address a
critical housing shortage within our community.
this is a small scaled missing middle project that
will increase rental supply by 3 units and maintain
3 existing units.
Planning Conclusions:
In considering the foregoing, staff are supportive of the Zoning By-law Amendment
Application. Staff is of the opinion that the subject application is consistent with policies of
the Provincial Policy Statement, conforms to Growth Plan for the Greater Golden
Horseshoe, the Regional Official Plan, and the City of Kitchener Official Plan and
represents good planning. Staff recommends that the application be approved. The
proposed application represents an opportunity to provide an alternative housing form
within an existing neighbourhood that addresses a need in our community.
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 186 of 295
The requirement for a municipality to refund planning application fees if a decision is not
made within a prescribed timeframe, introduced by Bill 109, More Homes for Everyone
Act, 2022, has been rescinded. Decisions on Zoning By-law Amendment Applications are
still required within 90 days, and subject to a non -decision appeal risk to the Ontario Land
Tribunal after this time period expires. This application was deemed complete on May 28,
2024. The Applicant can appeal this application for non -decision after August 29, 2024.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Council / Committee meeting. A large notice sign was posted on the property and
information regarding the application was posted to the City's website in early June.
Following the initial circulation referenced below, an additional postcard advising of the
statutory public meeting was circulated to all residents and property owners within 240
metres of the subject lands, those responding to the preliminary circulation and who
attended the Neighbourhood Meetings. Notice of the Statutory Public Meeting was also
posted in The Record on July 19, 2024 (a copy of the Notice may be found in Attachment
`B'
CONSULT — The proposed Zoning By-law Amendment was circulated to residents and
property owners within 240 metres of the subject lands on June 3, 2024. In response to
this circulation, staff received written responses from 3 members of the public, which were
summarized as part of this staff report.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Provincial Policy Statement, 2020
• Growth Plan, 2020
• Region of Waterloo Official Plan
• City of Kitchener Official Plan, 2014
• City of Kitchener Zoning By-law 2019-051
REVIEWED BY: Tina Malone -Wright, Manager, Development Approvals, Development
and Housing Approvals Division
APPROVED BY: Garett Stevenson, Director, Development and Housing Approvals
ATTACHMENTS:
Attachment A —
Proposed By-law and Map 1
Attachment B —
Newspaper Notice
Attachment C
— Department and Agency Comments
Attachment D
— Community Consultation Comments
Page 187 of 295
PROPOSED BY — LAW
,2024
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener
— Jason Clark Dale, Jennifer Lyn Ruth Dale, James Robert Dale
and Amy Dale — 75 First Avenue)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
follows:
1. Zoning Grid Schedule Number 173 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated on
Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential Four Zone (RES -
4) to Low Rise Residential Five Zone (RES -5) with Site Specific Provision (404).
2. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (404) thereto as
follows:
"404. Notwithstanding Section 4.12.4, Section 5.6, Table 5-5, and Section 7.3, Table 7-6
of this By-law within the lands zoned Low Rise Residential Five Zone (RES -5) and
shown as affected by this subsection on Zoning Grid Schedule Number 173 of
Appendix `A', the following shall apply:
a) no minimum amount of street line fagade openings;
b) a minimum parking space requirement of 0.8 parking spaces per dwelling unit;
c) a minimum visitor parking space requirement of 0 visitor parking spaces;
d) a minimum drive aisle width of 5.3 metres;
e) a parking lot setback from a side lot line of 0 metres;
f) a parking lot setback from a rear lot line of 1 metre;
g) a minimum westerly interior side yard setback of 1.28 metres;
h) a maximum Floor Space Ratio of 0.63;
Page 188 of 295
i) for dwelling units located at ground floor level, no patio areas adjacent to the
dwelling unit will be required; and
j) Geothermal wells are prohibited."
PASSED at the Council Chambers in the City of Kitchener this day of
2024.
Mayor
Clerk
Page 189 of 295
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NOTICE OF PUBLIC MEETING
fora development in your neighbourhood
75 First Avenue ITcHE-N ,
Have Your Voice Heard!
Planning & Strategic Initiatives Committee
i Date: August 12, 2024
Location: Council Chambers,
' Kitchener City Hall
201 King Street West
- orVirtual Zoom Meeting
Go to kitchener.ca/meetings
_ - and select:
Concept Drawing
6 Unit
Multiple
Dwelling
5 Parking
Spaces
Reduced
Side
Yard
• Current agendas and reports
(posted 10 days before meeting)
• Appear as a delegation
• Watch a meeting
To learn more about this project, including
information on your appeal rights, visit:
www.kitchenenca/
PlanningApplications
or contact:
Brian Bateman, Senior Planner
brian.bateman@ kitchener.ca
519.741.2200 x7869
The City of Kitchener will consider an application for a Zoning By-law Amendment to
re -zone 75 First Avenue from `RES -4' to `RES -5' with a Site-specific Provision to allow for
the addition of 3 dwelling units to an existing 3 -unit multiple dwelling for a total of 6
dwelling units, recognition of the deficient side yard setback of the existing building,
and to permit 5 parking spaces. Page 191 of 295
From:
Christine Goulet
Sent:
Thursday, June 13, 2024 9:30 AM
To:
Brian Bateman
Subject:
75 First Ave ZBA
Hi Brian,
I have reviewed the functional servicing and am in support of the zone change with an increase to the
peak sanitary flow of 0.06L/s
Kitchener Utilities has reviewed the report for water and find it acceptable.
Thanks,
Christine Goulet, C.E.T.
Project Manager I Development Engineering I City of Kitchener
519-741-2200 Ext. 7820 1 TTY 1-866-969-9994 1 christine.goulet@kitchener.ca
0 e 0 C •oomWo
Page 192 of 295
From: Carrie Musselman
Sent: Tuesday, June 11, 2024 10:39 AM
To: Brian Bateman
Subject: Env. Planner Comments - 75 First Avenue (ZBA)
Hello Brian,
Environmental planning has no concerns with the proposed ZBA. I can advise:
• There are no natural heritage features or functions of local, Regional, Provincial, or national
significance on, or adjacent to the subject property.
• The Vegetation Management Plan dated March 6, 2024, prepared by GSP Group submitted as
part of a complete application notes that 5 trees are located on the property and 3 have been
identified to be removed. No impacts to trees on adjacent properties are proposed.
Regards,
Carrie Musselman (she/her), BSc., Dip., MCIP, RPP
Senior Environmental Planner I Planning I City of Kitchener
519-741-2200 x 7068 1 TTY 1-866-969-9994 1 carrie.musselmana-kitchener.ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, June 3, 2024 12:33 PM
To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf
<Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Paetz
<David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova
Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French
Catholic School Board <planification@cscmonavenir.ca>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power
Generation<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM)
<Park.Planning@kitchener.ca>; Region - Howard Chang (SChang@regionofwaterloo.ca)
<SChang@regionofwaterloo.ca>; Planning Applications <planningapplications@regionofwaterloo.ca>;
Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan
<Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School
Board - Daniel Stojc <stoicd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board
Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Brian Bateman <Brian.Bateman@kitchener.ca>
Subject: Circulation for Comment - 75 First Avenue (ZBA)
Page 193 of 295
Please see attached. Additional documentation can be found in AMANDA folder 24-114784 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior
Planner (brian.baeman@kitchener.ca; 519-741-2200 x7869).
Christine Kompter
Administrative Assistant Development Services Department - Planning I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca
01fiq U-950600 D
Page 194 of 295
N*
Region of Waterloo
Brian Bateman, MCIP, RPP
Senior Planner
City of Kitchener
200 King Street West, 6t" Floor
P.O. Box 1118, Kitchener, ON
N2G 4G7
Dear Mr. Bateman,
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www.regionofwaterloo.ca
Melissa Mohr 1-226-752-8622
File: C14/2/24013
July 10, 2024
Re: Proposed Zoning By-law Amendment ZBA 24/013
75 First Avenue
GSP Group Inc. (C/O Caleb Miller) on behalf of Jason
Dale, Jim Dale, Jennifer Dale and Amy Dale
CITY OF KITCHENER
GSP Group Inc. has submitted a Zoning By-law Amendment to permit additional density
and site-specific provisions for additional residential units that will be added through a
proposed addition at 75 First Avenue (subject lands) in the City of Kitchener.
The applicant is proposing to add three dwelling units to the existing 3 -unit multiple
dwelling for a total of 6 dwelling units and 5 parking spaces.
The subject lands are designated Urban Area and Built Up Area in the Regional Official
Plan. The subject lands are designated Low Rise Residential in the City of Kitchener
Official Plan and zoned RES -4 in the City of Kitchener Zoning By-law. The applicant is
proposing to rezone the site from the RES -4 to RES -5 with site-specific permissions for
a Floor Space Ratio (FSR) of 0.63 (whereas the maximum FSR is 0.6), and site specific
permissions for the yard setbacks and parking requirements and driveway width.
The Region has had the opportunity to review the proposal and offers the following:
Document Number: 4728424 Version: 1
Page 195 of 295
Regional Comments
Consistency with Provincial Legislation and Regional Official Plan Conformity
The subject lands are designated "Urban Area" and "Delineated Built -Up Area" on Map
2 of the Regional Official Plan (ROP) and is designated Low Rise Residential in the City
of Kitchener Official Plan.
Section 2.F of the ROP establishes policies for intensification targets within the
delineated Built -Up Area of the Region, which is set of 60% annually for the City of
Kitchener. Furthermore, development in the Built Up Area is intended to provide gentle
density and other missing middle housing options that are designed in a manner that
supports the achievement of 15 -minute neighbourhoods. Development in the Built -Up
Area is intended to be denser through gentle intensification, with new development and
redevelopment focusing on energy efficient design with access to active transportation
options that allow future residents to walk, roll or stroll. The additional residential units
proposed through this development will contribute to the annual intensification target for
the City of Kitchener. In addition, the subject lands are in proximity to a bus route,
providing future residents opportunities for alternative means of transportation (e.g.
taking the bus).
The Region wishes to advise the applicant of the following technical comments related
to the proposal:
Corridor Planning:
Environmental Noise (Transportation Noise).-
The
oise):The report entitled "Environmental Noise Impact Assessment, February 2024, 75 First
Avenue, City of Kitchener" prepared by Meritech Engineering is under review and
comments will be sent under separate cover.
The accepted recommendations shall be implemented within the building through the
building permit process and shall be secured through a future consent or condominium
stage, if applicable.
Hydrogeology and Sourcewater Protection:
The subject lands are located in Wellhead Protection Sensitive Area 8 (WPSA 8). In
accordance with Chapter 8, Regional staff require a prohibition on geothermal energy
systems to be written into the site specific Zoning By-law Amendment. The wording for
the geothermal prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical well,
borehole or pipe installation used for geothermal systems, ground -source heat pump
systems, geo-exchange systems or earth energy systems for heating or cooling,-
including
ooling,including open -loop and closed-loop vertical borehole systems. A geothermal well does
not include a horizontal system where construction or excavation occurs to depths less
than five meters unless the protective geologic layers overlaying a vulnerable aquifer
have been removed through construction or excavation.
Document Number: 4728424 Version: 1
Page 196 of 295
Part 4 Area of the Clean Water Act
The Section 59 Notice submitted to the Region is not valid, therefore a new, valid
Section 59 Notice shall be submitted prior to a recommendation being made to City of
Kitchener Council.
Fees
The Region acknowledges receipt of the Zoning By-law Amendment application fee of
$3,000.00 (deposited June 13, 2024).
Conclusions
The Region has no objection to the proposal pending receipt of a Valid Section 59
Notice and the following being implemented within the site specific Zoning By-law
Amendment:
1. That a geothermal prohibition be implemented within the site specific Zoning By-law
Amendment. The wording for the prohibition is:
Geothermal Wells are prohibited on site. A geothermal well is defined as a vertical
well, borehole or pipe installation used for geothermal systems, ground -source heat
pump systems, geo-exchange systems or earth energy systems for heating or
cooling, including open -loop and closed-loop vertical borehole systems. A geothermal
well does not include a horizontal system where construction or excavation occurs to
depths less than five meters unless the protective geologic layers overlaying a
vulnerable aquifer have been removed through construction or excavation.
Please be advised that any future development on the lands subject to the above -noted
application will be subject to the provisions of Regional Development Charge By-law 19-
037 or any successor thereof.
Further, please accept this letter as our request for a copy of the decision pertaining to
this application. Should you have any questions, please do not hesitate to contact me.
Yours truly,
Melissa Mohr, MCIP, RPP
Senior Planner
Cc (via email). Jason Dale, Jim Dale, Jennifer Dale, Amy Dale (Owners) , GSP Group Inc. C/O Caleb Miller
(Applicant)
Document Number: 4728424 Version: 1
Page 197 of 295
From: Melissa Mohr <MMohr@regionofwaterloo.ca>
Sent: Monday, July 15, 2024 3:16 PM
To: Brian Bateman
Cc: 'cmiller@gspgroup.ca'; 'jasond4le@hotmail.com'
Subject: Noise study Comments - ZBA 24/013 (75 First Avenue, Kitchener)
Attachments: Regional Comments - ZBA24/013 (75 First Avenue, Kitchener)
Good Afternoon Brian,
Regional staff have reviewed the report entitled "Environmental Noise Impact Assessment, February
2024, 75 First Avenue, City of Kitchener", dated February 12, 2024; prepared by Meritech Engineering
and have the following comments:
The report indicates that the dominate source of noise around the site is Highway 7/8 and acoustical
impacts are above acceptable levels; therefore mitigation, including warning clauses and air conditioning
are required to ensure indoor noise levels do not exceed acceptable levels noted in NPC -300 and NPC -
216. Furthermore, the report notes that the requirements of the Ontario Building Code (OBC) will provide
adequate sound insulation. While not required, the report recommends that the main storey windows —
especially the bedroom window — should be replaced with a double -pane windows, at the owner's
discretion.
As the existing building is supplied with air conditioning, Regional staff assume that all units in the future
addition will also be supplied with air conditioning. The location, installation and sound ratings of the air
conditioning devices shall comply with NPC -300.
Since the source of noise is Highway 7/8; a roadway under the jurisdiction of the Province (Ontario
Ministry of Transportation), an agreement between the applicant and the City of Kitchener is required to
implement the recommendations of the noise study. The agreement shall be implemented through a
future consent or condominium application, if proposed.
The following noise warning clauses shall be implemented through a registered development agreement
(through a future consent or condominium application if required) and included in all offers of purchase
and sale/lease/rental agreements and the Condominium Declaration (if required):
Type A:
Purchasers/tenants are advised that sound levels due to increasing road traffic (rail traffic) (air 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 the Environment.
Type D:
This dwelling unit has been supplied with a central air conditioning system which will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Municipality and the Ministry of the Environment, Conservation and Parks.
In addition, prior to the issuance of any building permits, the City of Kitchener's Building Inspector will
certify that the noise attenuation measures are incorporated in the building plans and upon completion of
construction, the City of Kitchener's Building Inspector will certify that the dwelling units have been
constructed accordingly.
I trust the above is of assistance, but please do not hesitate to contact me should you have any questions
regarding the above.
Kind Regards,
Melissa
Page 198 of 295
Melissa Mohr, MCIP, RPP
Senior Planner
Planning, Development and Legislative Services
Region of Waterloo
150 Frederick Street, 8th Floor, Kitchener ON N2G 4J3
Cell: 1-226-752-8622
mmohr(a)-regionofwaterloo.ca
Confidentiality Notice: This email correspondence (including any attachments) may contain information
which is confidential and/or exempt from disclosure under applicable law, and is intended only for the use
of the designated recipient(s) listed above. Any unauthorized use or disclosure is strictly prohibited. If you
are not the intended recipient, or have otherwise received this message by mistake, please notify the
sender by replying via e-mail, and destroy all copies of this original correspondence (including any
attachments). Thank you for your cooperation.
Page 199 of 295
From:
Dave Seller
Sent:
Monday, June 3, 2024 2:46 PM
To:
Brian Bateman
Subject:
TS comments: 75 First Avenue (ZBA)
Application type: Zoning By-law Amendment Application ZBA24/013/F/BB
Project address: 75 First Avenue
Comments of: Transportation Services
Commenter's name: Dave Seller
Email: clave. selIer@kitchen er.ca
Phone: 519-741-2200 e 7369
Date of comments: June 3, 2024
Comments due: June 18, 2024
Development proposal
The applicant is proposing to build an addition to add 3 dwelling units to an existing 3 unit multiple
dwelling for a total of 6 dwelling units and 5 parking spaces.
Parking analysis
Six parking spaces are required, however, due to existing balcony structural post, five spaces can be
provided, which Transportation Services supported in March 2024.
Conclusions
Transportation Services have no concerns with the proposed ZBA.
Dave Seller, C.E.T.
Traffic Planning Analyst Transportation Services I City of Kitchener
519-741-2200 ext. 7369 TTY 1-866-969-9994 1 dave.sellera-kitchener.ca
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, June 3, 2024 12:33 PM
To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf
<Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Paetz
<David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova
Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French
Catholic School Board <planification@cscmonavenir.ca>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.ca>; Landuse Planning <landuseplanning@hvdroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Ontario Power
Generation<Executivevp.lawanddevelopment@opg.com>; Park Planning (SM)
Page 200 of 295
<Park.Planning@kitchener.ca>; Region - Howard Chang (SChang@regionofwaterloo.ca)
<SChang@regionofwaterloo.ca>; Planning Applications<planningapplications@regionofwaterloo.ca>;
Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan
<Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School
Board - Daniel Stojc <stoicd@csviamonde.ca>; WCDSB - Planning <planning@wcdsb.ca>; WRDSB - Board
Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Brian Bateman <Brian.Bateman@kitchener.ca>
Subject: Circulation for Comment - 75 First Avenue (ZBA)
Please see attached. Additional documentation can be found in AMANDA folder 24-114784 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior
Planner (brian.baeman@kitchener.ca; 519-741-2200 x7869).
Christine Kompter
Administrative Assistant Development Services Department - Planning I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca
',I 0 ��
r�
Page 201 of 295
City of Kitchener
OPA & ZBA Comment Form
Project Address: 75 First Ave, Kitchener
Application Type: Official Plan Amendment & Zoning Bylaw Amendment
Comments Of: Urban Design
Commenter's Name: Katey Crawford
Email: Katey.Crawford@kitchener.ca
Phone: 519-741-2200 ext. 7157
Date of Comments: June 20th, 2024
❑ I plan to attend the meeting (questions/concerns/comments for discussion)
❑X No meeting to be held
❑ I do NOT plan to attend the meeting (no concerns)
1. Documents Reviewed
• 75 First Avenue —
Building Elevations, Prepared by Orchard Design Studio Inc.
• 75 First Avenue —
Site Plan, Prepared by Orchard Design Studio Inc.
• 75 First Avenue —
Urban Design Report. Prepared by GSP Group Inc.
• 75 First Avenue —
Tree Management Plan, Prepared by GSP Group Inc.
2. Site Specific Comments & Issues:
Elevations
• Updates to the existing fagade are encouraged to provide improved character to the
neighborhood given the sites terminus location and high visibility. Removal of the existing
covered patio to better define entry. Replacement of windows, siding, and shutters.
Site Plan
• Show the existing driveway and parking area in front of the existing building on the site plan.
More than 50% of the front yard should not be occupied by driveway and parking areas.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 202 of 295
• As per Guidelines for Barrier -Free Design of Ontario, 'Type A parking spaces shall have an
adjacent 1500 mm wide access aisle." Provide an accessible, unobstructed aisle, the same length
as the parking stall.
• A 6.1meter minimum driveway width is required as per urban design manual whereas 5.35m is
shown.
• Provide access from parking to unit entries.
• Provide outdoor amenity space with seating and access to shade as is required by UDM.
• A 1.2m backout space is required for parking area.
• Provide minimum 1.5m width landscape strip offset property lines.
• Show all proposed and existing stairs/steps on plan.
• Provide an unobstructed path, separate from the driveway from the sidewalk to all unit
entrances.
Urban Design Report
- As quoted from page 23, "landscaping will be emplemented along the perimeter of the
property". However, the site plan does not show landscaping along the north or east property
lines as required.
- Page 25 states, "It aims to conserve the existing streetscape, enhance the appearance of the
existing building." Please clarify what enhancements to the existing building are proposed. The
elevations show no enhancements.
Please provide updated elevations, site plan, and urban design report addressing the comments above.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
Page 203 of 295
From: Planning <planning@wcdsb.ca>
Sent: Monday, June 10, 2024 10:35 AM
To: Brian Bateman
Subject: RE: Circulation for Comment - 75 First Avenue (ZBA)
You don't often get email from planning@wcdsb.ca. Learn why this is important
Good Morning Brian,
The Waterloo Catholic District School Board has reviewed the subject application and based on our
development circulation criteria have the following comment(s)/condition(s):
A) That any Education Development Charges shall be collected prior to the issuance of a building
permit(s).
If you require any further information, please contact me by e-mail at Jordan. Neale@wcdsb.ca.
Thank you,
Jordan Neale
Planning Technician, WCDSB
480 Dutton Dr, Waterloo, ON N2L 4C6
519-578-3660 ext. 2355
From: Christine Kompter<Christine.Kompter@kitchener.ca>
Sent: Monday, June 3, 2024 12:33 PM
To: —DL—Team—DSD-Planning <TeamDSD-Planning@kitchener.ca>; Bell - c/o WSP
<circulations@wsp.com>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf
<Darren.Kropf@kitchener.ca>; Dave Seller <Dave.SelIer@kitchener.ca>; David Paetz
<David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova
Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang
<shaun.wang@enovapower.com>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French
Catholic School Board<planification@cscmonavenir.ca>; GRCA - Planning (planning@grandriver.ca)
<planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Jim Edmondson
<Jim.Edmondson@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes
<Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiline@kitchener.ca>; Ontario Power
Generation <Executivevp.lawanddevelopment@ope.com>; Park Planning (SM)
<Park.Planning@kitchener.ca>; Region - Howard Chang (SChane@reeionofwaterloo.ca)
<SChane@reeionofwaterloo.ca>; Planning Applications<plannineapplications@reeionofwaterloo.ca>;
Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Robert Morgan
<Robert.Morgan@kitchener.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman
<Sylvie.Eastman@kitchener.ca>; UW-WUSA (Feds) (pres@wusa.ca) <pres@wusa.ca>; Viamonde School
Board - Daniel Stojc <stoicd@csviamonde.ca>; Planning <planning@wcdsb.ca>; WRDSB - Board
Secretary (elaine burns@wrdsb.ca) <elaine burns@wrdsb.ca>; WRDSB - Planning
<planning@wrdsb.ca>
Cc: Brian Bateman <Brian.Bateman @kitchener.ca>
Subject: Circulation for Comment - 75 First Avenue (ZBA)
Page 204 of 295
Caution - External Email - This Message comes from an external organization. Do NOT click on
,unrecognized links or provide your username and/or password.
Please see attached. Additional documentation can be found in AMANDA folder 24-114784 (City staff)
and ShareFile (external agencies). Comments or questions should be directed to Brian Bateman, Senior
Planner (brian.baeman@kitchener.ca; 519-741-2200 x7869).
Christine Kompter
Administrative Assistant Development Services Department - Planning I City of Kitchener
200 King Street West, 6t" Floor I P.O. Box 1118 Kitchener ON N2G 4G7
519-741-2200 ext. 7425 TTY 1-866-969-9994 christine.kompter@kitchener.ca
o�a 0omoo
Disclaimer - This email and any files transmitted with it are confidential and contain privileged or
copyright information. You must not present this message to another party without gaining permission
from the sender. If you are not the intended recipient you must not copy, distribute or use this email or
the information contained in it for any purpose other than to notify us. If you have received this
message in error, please notify the sender immediately, and delete this email from your system. We do
not guarantee that this material is free from viruses or any other defects although due care has been
taken to minimize the risk. Any views expressed in this message are those of the individual sender,
except where the sender specifically states them to be the views of the Waterloo Catholic District School
Board.
Page 205 of 295
City of Kitchener
Zone By-law Amendment Comment Form
Address: 75 First Ave
Owner: Jason Dale & Jim Dale & Jennifer Dale & Amy Dale
Application: Zoning By-law Amendment — ZBA23/013/F/BB
Comments Of:
Commenter's Name:
Email:
Phone
Date of Comments:
Park Planning
Lenore Ross
Lenore. ross@kitchaener.ca
519-741-2200 ext 7427
June 112024
Documents Reviewed:
I have reviewed the documentation noted below submitted in support of a ZBA to allow a residential
addition to be built creating a multiple dwelling with a total of 6 dwelling units and 5 parking spaces.
• Concept Site Plan
• Urban Design Brief
• Planning Justification Report
• Tree Preservation and Enhancement Plan
Park Planning has no concerns with the proposed Zoning Bylaw Amendments and offers only the
following comments related to required Parkland Dedication
Parkland Dedication
Park dedication will be deferred at the ZBA and taken as cash in lieu of land for the proposed
residential units as a condition of Building Permit issuance. If there are existing units that are not
legally recognized, Parkland Dedication will be required for legalization of those units as well.
As a site plan application is not be required for a residential development with 10 units or less, the
Parkland Dedication fees will be required as a condition of Building Permit issuance.
Dedication requirements are subject to the Park Dedication Bylaw, Policy and rates in effect.
If any questions regarding the parkland dedication calculation form or this memo, please contact the
above -noted Parks & Cemeteries staff for clarification.
Policies, Standards and Resources:
• Kitchener Official Plan
• City of Kitchener Park Dedication Bylaw and Park Dedication Policy
• City of Kitchener Development Manual
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
F3auu-
g of 295
City of Kitchener
Zone By-law Amendment Comment Form
• Cycling and Trails Master Plan (2020)
• Chapter 690 of the current Property Maintenance By-law
• Places & Spaces: An Open Space Strategy for Kitchener
• Multi -Use Pathways & Trails Masterplan
• Urban Design Manual
Anticipated Fees:
The Parkland Dedication requirement for this submission is deferred and will be assessed at a future
Builidng Permit Application.
Dedication requirements are subject to the Planning Act, Parkland Dedication Bylaw, Park Dedication
Policy and rates in effect. The Bylaw is under appeal.
A City for Everyone
Working Together — Growing Thoughtfully — Building Community
auu-
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From:
Sent: Tuesday, June 11, 2024 8:10 PM
To: Brian Bateman
Subject: Proposed development for 75 first avenue
[You don't often get email from =Learn why this is important at
https://aka.ms/LearnAboutSenderidentification ]
Hello I live in the townhouse on Connaught place. The construction will keep my mom up as she works
nights. Why not finish the apartment by the zerhs near the highway it would house more people. As
well as it's not gonna be geared to income for the low income people Sent from my iPhone
Page 208 of 295
From:
Sent: Friday, June 21, 2024 10:24 AM
To: Brian Bateman
Subject: Re: 75 First Ave
You don't often get email from Learn why this is important
Sounds great, Thanks Brian
On Thu, Jun 20, 2024 at 3:21 PM Brian Bateman <Brian.Bateman@kitchener.ca> wrote:
Hi Doug,
As soon as it is available I will notify you.
Brian Bateman, MCIP, RPP
Senior Planner
City of Kitchener
519-741-2200 x7869, TTY 1-866-969-9994
1009)"00000
0
From: Doug Coulter
Sent: Thursday, June 20, 2024 2:21 PM
To: Brian Bateman <Brian.Bateman@kitchener.ca>
Subject: 75 First Ave
You don't often get email from Learn why this is important
Good afternoon Brian,
Page 209 of 295
I wasn't able to jump on the zoom meeting last night. I was wondering if its possible to have access to
a recorded version if it exists?
Best Regards,
Doug
Doug Coulter
Real Estate Broker
The Doug Coulter Team
ReMax Twin City
Realty Inc.
519.772.4378 (Office)
..DougCoulterTeam.com
Follow me on Social Media:
YouTube: https://www.youtube.com/channel/UCaliM nf5i11OZIuV-4kO1w
Twitter: https://twitter.com/DougCoulterTeam
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Doug Coulter
Real Estate Broker
The Doug Coulter Team
ReMax Twin City
Realty Inc.
Page 210 of 295
519.772.4378 (Office)
Page 211 of 295
From:
Sent: Wednesday, June 12, 2024 7:05 PM
To: Brian Bateman
Subject: Fwd: Virtual zoom meeting regarding 75 First Avenue, Kitchener
You don't often get email from earn why this is important
Original Message
From:
To: iason.denault@kitchener.ca
Sent: Wednesday, June 12th 2024, 18:53
Subject: Virtual zoom meeting regarding 75 First Avenue, Kitchener
Jason,
We received a notice of a planning application and an invitation for a Virtual Zoom
Meeting 06/10/24, regarding the property at 75 First Avenue, the concept drawing on
the mail out is not legible, we have attempted to view the drawing on the planning
applications website, but as of 06/12/24 the drawing is still not available.
Please advise when this legible drawing will be available for viewing.
Thank you
Fern & Ed Burnett
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