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HomeMy WebLinkAboutDSD-2024-436 - A 2024-087, B 2024-026 - 211 Lancaster Street WestStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 15, 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 INVOLVED: Ward 10 DATE OF REPORT: September 30, 2024 REPORT NO.: DSD -2024-436 SUBJECT: Minor Variance Application A2024-087 - 211 Lancaster St. W. Consent Application B2024-026 - 211 Lancaster St. W. RECOMMENDATION: Minor Variance Application A2024-087 That Minor Variance Application A2024-087 for 211 Lancaster Street West requesting relief from Section 5.3.1, Table 5-1, and Section 7.3, Table 7-2, of Zoning By-law 2019-051, to permit the following: i) to permit a parking space within a private attached garage to have a width of 2.78 metres instead of the minimum required 3 metres; and ii) to permit a lot width of 7.97 metres instead of the minimum required 9 metres; to facilitate the creation of a new lot for a detached dwelling in conjunction with Consent Application B2024-026, generally in accordance with drawings prepared by ISOLINE ARCHITECTS, dated June 11, 2024, BE REFUSED. Consent Application B2024-026 That Consent Application B2024-026 requesting consent to sever a parcel of land having a lot width of 7.97 metres, a lot depth of 36.57, metres and a lot area of 292 square metres, generally in accordance with drawings prepared by ISOLINE ARCHITECTS, dated June 11, 2024, BE REFUSED. REPORT HIGHLIGHTS: The purpose of this report is to review the application to sever the subject lands into two (2) parcels to facilitate the construction of a single detached dwelling. Minor variances are required to facilitate the proposed consent. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 107 of 157 • The key finding of this report is that the consent and associated variances do not align with applicable policies and that the variances do not meet the four tests of a minor variance. Staff is recommending the refusal of the subject applications. • 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 west side of Lancaster Street West, between Guelph Street and Arnold Street. The property is generally rectangular in shape, with the front property line being along Lancaster Street West. The site is currently occupied by a single detached dwelling and is surrounded by existing low-rise residential uses including single detached dwellings, semi-detached dwellings, and multiple dwelling buildings. 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. Figure 1: Location Map — 211 Lancaster Street West (Outlined in Red) The purpose of the consent application is to divide the property into two (2) separate parcels of land to facilitate the construction of a single detached dwelling on the proposed severed parcel of land, while keeping the existing single detached dwelling on the retained lands. To do so, however, requires the submission of a minor variance application for the Page 108 of 157 severed lands to permit deficiencies created as a result of the proposed severance. The variances requested are to permit a reduced lot width and a reduction in the proposed attached garage width. Staff note that the applications had initially been submitted in June of this year. Upon staff's recommendation that the current design would not be supported, the applicant chose to defer the applications internally to work with staff prior to proceeding to a Committee of Adjustment meeting. After extensive collaboration, staff and the applicant could not reach a consensus and staff had advised that the current applications would not be supportable. Planning staff had concerns with the size of the lot and the built form proposed for the severed lot, the loss of large street tree with an additional driveway and suggested the lot size be retained to provide more redevelopment opportunities with less impacts. Despite staff's opinion, the applicant had requested to proceed to the Committee of Adjustment meeting scheduled for October 15th, 2024. Fig SEVEREDLOT ! AREA 292 m2 �waatave L.---------- ---------."._._. RETAINED LOT AREA 39963 m2 I I -- FUTURE DEVELOPMENT (SINGLE DFrACHED DWELLING) L< ------;��IIE HE U PROPOSED LAYOUT 7.7m mn 75 -> jure 2: Proposed Lot Fabric. _ I 36,576 mm 1117-d" i Ex � � m ii SEVERED LOT AREA :292 m2 L---- ----------------- --- - ----- ----------- --------------------- - --- - 7 - - - - - - - - - - - - - Figure 3: Floor Plan for the Proposed Detached Dwelling. T:TT _eamm application miner I E ?+ p a U) S r, b we E _ E 7 Page 109 of 157 Figure 4: East Elevation. �I .1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ LRAM Figure 5: South Elevation. Page 110 of 157 Planning staff conducted a site visit on September 26, 2024. Figure 6: Existing Single Detached Dwelling at 211 Lancaster Street West REPORT: Planning Comments: Minor Variance Application A2024-087 (Severed Parcel — 211 Lancaster Street West): 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 Staff is of the opinion that the requested variances do not meet the intent of the Official Plan. Section 4.C.1.8. of the 2014 Official Plan states: "Where... minor variances are requested, proposed, or required to facilitate residential intensification or a redevelopment of lands, the overall impact of the... minor variances will be reviewed, but not limited to the following to ensure, that: Page 111 of 157 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. b) ... C) ... d) New buildings.... 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) ... 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. Furthermore, Section 4.C.1.9. of the 2014 Official Plan states: "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." Planning staff note that the proposed variances will enable the creation of two lots and the construction of a single detached dwelling that is incompatible with the established neighbourhood's -built form and character, as it features lot widths and a new built form dissimilar to adjacent properties. Additionally, Staff note that the proposed severance would result in the construction of a new driveway on the retained parcel, which would disrupt the streetscape by removing an existing street tree. Additionally, the requested variance for the garage arises because the proposed lot width for the severed parcel does not meet the required lot width of 9.0 metres. As a result, the proposed single detached dwelling has a front facade width of 5.57 metres, and a garage built to the necessary 3 metres would exceed the maximum allowed front fagade width, at grade, of 50%. Therefore, staff find that the proposed variance for lot width will result in additional zoning deficiencies, which is not supported by Policy 4.C.1.8(f) of the Official Plan. Therefore, planning staff is of the opinion that the requested variances do not meet the general intent of the City's Official Plan. General Intent of the Zoning By-law The applicant has requested variances to permit a reduced lot width and a reduced attached garage width for the lands that are intended to be severed. The general intent of the zoning by-law regulations for the minimum lot width is to ensure a lot is appropriately sized to accommodate the building and site functions (driveway, servicing, etc.). Lot width also considers the context of the lots in the surrounding area. It is Staff's opinion that the requested variance to allow for reduced lot width for a single detached dwelling of 7.97 metres rather than the required 9.0 metres does not meet the general intent of the Zoning By-law. Staff is of the opinion that a 7.97 -metre -wide lot width Page 112 of 157 for a single detached dwelling will not facilitate a sufficient width to allow for the construction of a functional single detached dwelling that would meeting zoning requirements. A 7.97 -metre -wide lot would result in a 5.57 -metre -wide dwelling in order to meet the minimum required 1.2 metre side yard setbacks. The size of the dwelling is problematic in being able to provide a parking space within an attached garage that would meet zoning requirements. A private attached garage cannot exceed 50% of the fagade width of the dwelling. In this case the attached garage can only be 2.78 metres in width, however, the interior of the attached garage must be 3 metres in width to meet the zoning requirements for a parking space within an attached garage. The private attached garage width requirement is to ensure functional use of the private garage as a parking space. It is Staff's opinion that the requested reduced garage width of 2.78 metres rather than the minimum required 3 metres will not allow for the functional use of the space for the required parking space. Staff are of the opinion that the requested variances do not provide for adequate lot width and garage width, and thus, do not meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Planning staff are of the opinion that the effects of the requested minor variances are not minor in nature. Staff are of the opinion that the requested variances will not facilitate the functional use of the severed lands. The proposed lot width and garage width will hinder the appropriate development and the functional use of the site. Thus, Planning Staff are of the opinion that the requested variances do not satisfy the 'minor' test. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff note that Lancaster Street West south of the expressway is intended to serve as a planned transit corridor for future growth and development within the City of Kitchener, as outlined in Map 2, Urban Structure, within the Official Plan. By approving the minor variance to allow for a reduced lot width to permit the development of a single detached dwelling, staff believe that it could impact the area's redevelopment potential and limit the possibility of increasing density through permitted uses such as semi-detached and mixed- use dwelling typologies. Additionally, it is Staff's opinion that the proposed variances are not desirable for the appropriate development of the land. Therefore, the planning staff find the application to be not appropriate development of the subject lands. Consent Application B2024-026: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following 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 not satisfied that the creation of the severed lot is desirable and appropriate. Page 113 of 157 Section 17.E.20.5. of City's 2014 Official Plan states that: 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.... In this case, staff recommends that the Committee not grant the requested minor variances necessary to facilitate the subject consent application to create a new lot for the reasons noted above. Furthermore, staff is of the opinion that the proposed lot does not reflect the general scale and character of the established development pattern of surrounding lands since they do not consider appropriate lot configurations. Moreover, the application does not meet the criteria for plan of subdivision outlined in Section 51 (24) of the Planning Act, especially with respect to: (c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; and (f) the dimensions and shapes of the proposed lots. Should the Committee wish to approve the subject applications, conditions should be imposed to require the standard consent conditions and those conditions outlined in the below department / agency comments. 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 are not 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 211 Lancaster Street West is located within the Mount Hope/Breithaupt Neighourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Page 114 of 157 Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the new residential building is obtained prior to construction. 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: • 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 eric. riek@kitchener.ca • Any new driveways are to be built to Region of Waterloo 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: Existing trees identified for removal are within the Regional right of way and are not City assets or infrastructure. 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 7.974 metre at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. Page 115 of 157 Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: 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 the Owner/Developer enter into a registered development agreement with the Regional Municipality of Waterloo to include the following noise warning clause in all agreements of Offer of purchase/sale and lease/rental for all dwelling units on both retained and severed lots, to the satisfaction of the Region: i. Purchasers/tenants are advised that sound levels due to increasing road traffic on Lancaster Street West 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, Conservation and Parks. ii. ii. Purchasers/tenants are advised that noise due to industrial land use in proximity may at times be audible. 3. That the Owner/Developer dedicate an approximate 3.0 metre road widening along the Lancaster Street West frontage for retained and severed lands, to the satisfaction of the Regional Municipality of Waterloo. The owner/applicant must engage an Ontario Land Surveyor to prepare a reference plan which illustrates the required road widening lands to the satisfaction of the Regional Municipality of Waterloo and the road widening must be dedicated without cost and free of encumbrance. 4. That the Owner/Developer submit a Functional Servicing Report, to the satisfaction of the Regional Municipality of Waterloo. Grand River Conservation Authority (GRCA) Comments: GRCA has no objection to the approval of the above application. Enova: We have reviewed the documents concerning the noted Application and have 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 Page 116 of 157 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 117 of 157 N* Region of Waterloo VIA EMAIL Connie Owen Administrative Clerk, City of Kitchener 200 King Street West Legislative Services Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8t" floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali W. Phone: 226-751-3388 File: D20-20/24 KIT September 30, 2024 Re: Comments on Consent Applications - B2024-026, B2024-027, B2024-028 Committee of Adjustment Hearing October 15, 2024 City of Kitchener Please accept the following comments for the above -noted Consent applications to be considered at the upcoming Committee of Adjustment Hearing. Document Number: 4791685 Page 118 of 157 File: B 2024-026 Address: 211 Lancaster St W Description: Lot 193, Plan 318 Owner: Kiros Tsige - Fiyori Weldegebrial Agent: Isoline Architects Inc c/o Othman Rmmo The applicant/owner proposes consent to sever for the purpose of creating a new residential lot. The existing single detached dwelling will remain on retained lot (existing shed to be demolished). A new single detached dwelling is proposed to be constructed on severed lot. The proposed retained lot measures 399.63sgm with 10.923m frontage. The proposed severed lot measures 292sgm with 7.974m frontage. The application notes that a minor variance is required to facilitate the severance, with respect to a reduced lot frontage. The subject lands are within the Delineated Built-up Area and Urban Area Boundary in the Regional Official Plan (Map 1, 2). The subject lands are designated Low -Rise Residential in the City's Official Plan (Map 3 — Land Use) and zoned RES -5. Residential uses are permitted. Culture, Heritage, and Indigenous Engagement (Advisory) The subject property has archaeological potential due to its location within a potentia heritage area of interest, location within a historic landform and proximity to a historic road, however, the Region does not require Archeological Assessment at this time. The owner/applicant is advised that an Archeological Assessment will be required for any future Planning Act application for the severed and retained lands. In accordance with Regional Official Plan policy 3.G.9, the owner/applicant will be required to have a licensed Archaeologist complete an Archeological Assessment of the subject property prior to any site alteration that will result in ground disturbance. The applicant must submit the Archaeological Assessment report(s) to the Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a copy of the Ministry's Acknowledgement letter(s) and the Assessment report(s) to the satisfaction of the Region of Waterloo's Planning, Development and Legislative Services Department. In the event of site alteration that does not trigger the requirement for Archeological Assessment under the Planning Act, if archaeological resources are discovered during future development or site alteration of the subject property, the applicant will need to immediately cease alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it is determined that additional investigation and reporting of the archaeological resources is needed, a licensed archaeologist will be required to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or, if human remains/or a grave site is discovered during development or site alteration of the subject property, the applicant will need to immediately cease alteration and must contact the proper authorities (police or coroner) and the Registrar at the Bereavement Authority of Page 119 of 157 Ontario in Compliance with the Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated Regulations. Environmental Noise Impact At this location, the proposed development may encounter traffic noise sources due to Lancaster St W (RR#29) and stationary noise sources due to industrial land uses in proximity. It is the responsibility of the applicant to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, the applicant must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The Regional process for this requirement can be provided upon request. Alternatively, Regional Staff would waive this condition if the applicant entered into an agreement with the Region of Waterloo to implement Noise Warning Clauses. The following clauses would be included in all agreements of Offer of purchase/sale and lease/rental for all dwelling units on both retained and severed lots. All Units/ Type A: Purchasers/tenants are advised that sound levels due to increasing road traffic on Lancaster Street West 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, Conservation and Parks. All Units/ Type E: Purchasers/tenants are advised that noise due to industrial land use in proximity may at times be audible. Road Widening At this location, Regional Road #29 (Lancaster Street West) has a designated width in the Regional Official Plan (ROP) of 26.213m. An approximate 3 metre road widening will be required along the Lancaster St W frontage for retained and severed lands. An Ontario Land Surveyor (OLS) would have to determine the exact road widenings. The Owner/Applicant must engage an OLS to prepare a draft reference plan which illustrates the required road allowance widening. Prior to registering the reference plan, the OLS should submit a draft copy of the plan to the Transportation Planner for review. An electronic copy of the registered plan is to be emailed to the Transportation Planner. Further instructions will come from the Region's Legal Assistant with regard to document preparation and registration. It is recommended that the OLS contact Region staff to discuss the road widening prior to preparing the Reference Plan. Page 120 of 157 The land must be dedicated to the Region of Waterloo for road allowance purposes and must be dedicated without cost and free of encumbrance. All land dedications should be identified on the Site Plan. Access Permit (advisory) A Regional Access Permit will be required for the proposed driveway access onto Lancaster Street West for the retained lot. The access must comply with the Regional Access Policy. The fee for the issuance of the permits is $230 each. The application for a Regional Road Access Permit can be found on the Region's website at https-//forms.regionofwaterloo.ca/ePay/PDLS-Online-Payment- Forms/Application-and-Payment-for-an-Access-Permit Municipal Consent (advisory) Please be advised that any works occurring in the Regional ROW including servicing connections and access connections would require Regional approval through a separate process of Municipal Consent and a Work Permit. Approval through these processes must be granted prior to development. Water and Wastewater Services The applicant should be made aware that no connection to the Lancaster St W regional watermain will be permitted in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services [February 2024]. The applicant/owner is asked to submit a functional servicing report for review and approval. The functional servicing report shall demonstrate the existing infrastructure can support the proposed development or shall make recommendations for upgrades to the existing infrastructure. Regional Consent Review Fee Regional Staff are not in receipt of the required consent review fee of $350. The consent review fee is required as a condition of approval for the consent application. Fees must be submitted individually to the Region, in-person, by mail, or e -payment. • Arrange EFT by emailing pwalter@regionofwaterloo.ca. • Cheque or bank draft can be dropped off at Head Office lobby/security (main floor), located at150 Frederick St, Kitchener. 15 min parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen St N and Ahrens St E. • Cheque or bank draft can be mailed as follows: Attention of Peggy Walter, Planning, Development and Legislative Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3. Page 121 of 157 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 the Owner/Developer enter into a registered development agreement with the Regional Municipality of Waterloo to include the following noise warning clause in all agreements of Offer of purchase/sale and lease/rental for all dwelling units on both retained and severed lots, to the satisfaction of the Region: i. Purchasers/tenants are advised that sound levels due to increasing road traffic on Lancaster Street West 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, Conservation and Parks. ii. Purchasers/tenants are advised that noise due to industrial land use in proximity may at times be audible. 3. That the Owner/Developer dedicate an approximate 3.Om road widening along the Lancaster Street West frontage for retained and severed lands, to the satisfaction of the Regional Municipality of Waterloo. The owner/applicant must engage an Ontario Land Surveyor to prepare a reference plan which illustrates the required road widening lands to the satisfaction of the Regional Municipality of Waterloo and the road widening must be dedicated without cost and free of encumbrance. 4. That the Owner/Developer submit a Functional Servicing Report, to the satisfaction of the Regional Municipality of Waterloo. Page 122 of 157 File: B 2024-027/ B 2024-028 Address: 130 Edmund Rd/ 132 Edmund Rd Description: Lot 88, Plan 651 Owner: Jason Malfara / Joanne McCallum The applicants/owners propose consent to sever for the purpose of creating a new residential lot, and establishing mutual reciprocal access easement along common property line. The two parcels are municipally addressed as 130 Edmund Rd and 132 Edmund Rd. A semi-detached dwelling is proposed to be constructed on each lot. The proposed retained lot measures 318.83sgm with 7.93 frontage. The proposed severed lot measures 318.63sgm with 7.92m frontage. The proposed easement is 1.5m in width, 40.3m in depth. The application notes that a minor variance is required to facilitate the severance. The subject lands are within the Delineated Built-up Area and Urban Area Boundary in the Regional Official Plan (Map 1, 2). The subject lands are designated Low -Rise Residential in the City's Official Plan (Map 3 — Land Use) and zoned RES -4. Residential uses are permitted. Source Water Protection Policy Notice of Source Protection Plan Compliance The subject property is in a Source Protection Area where risk management or prohibition polices implemented by the Region of Waterloo may apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a complete application for every new development application submitted for a particular site. A Section 59 Notice will be required as a condition of consent approval. Environmental Noise Impact At this location, the proposed development may encounter traffic noise sources due to Weber Street East (RR#08) and Conestoga Parkway (HWY 7). It is the responsibility of the applicant to ensure the proposed noise sensitive development is not adversely affected by anticipated noise impacts. To address the environmental noise impacts, the applicant must prepare an Environmental Noise Study; the noise levels criteria and guidelines for the preparation of the study should follow the Ministry of the Environment, Conservation and Park NPC -300 requirements. The Regional process for this requirement can be provided upon request. Alternatively, Regional staff would waive this condition if the applicant entered into an agreement with the City of Kitchener to implement Noise Warning Clauses. The following clauses would be included in all agreements of Offer of purchase/sale and lease/rental for all dwelling units on both retained and severed lots. Page 123 of 157 All Units/ Type A: Purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East and Conestoga Parkway 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, Conservation and Parks. Regional Consent Review Fee Regional Staff are not in receipt of the required consent review fee of $350 per application (i.e. $700 total). The consent review fee is required as a condition of approval for the consent application. Fees must be submitted individually to the Region, in-person, by mail, or e -payment. • Arrange EFT by emailing pwalter@regionofwaterloo.ca. • Cheque or bank draft can be dropped off at Head Office lobby/security (main floor), located at150 Frederick St, Kitchener. 15 min parking is available at the rear of the building, outside the Kitchener Public Library, at the intersection of Queen St N and Ahrens St E. • Cheque or bank draft can be mailed as follows: 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 per application to the Regional Municipality of Waterloo. 2. That the Owner/Developer submit a Notice of Source Water Protection Plan Compliance to the Regional Municipality of Waterloo. 3. That the Owner/Developer enter into a registered development agreement with the City of Kitchener to include the following noise warning clause in all agreements of Offer of purchase/sale and lease/rental for all dwelling units on both retained and severed lots, to the satisfaction of the Region: Purchasers/tenants are advised that sound levels due to increasing road traffic on Weber Street East and Conestoga Parkway 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, Conservation and Parks. Page 124 of 157 General Comments: Any submission requirements may be subject to peer review, at the owner/ applicant's expense as per By-law 23-062. If any other applications are required to facilitate the application, note that fees are subject to change and additional requirements may apply. Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali Planner, Community Planning Page 125 of 157 September 30, 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. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting October 15, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 080 — 92 River Road East — No concerns 2) A 2024 - 081 — 236 Margaret Avenue — No concerns. 3) A 2024 — 082 — 685 Frederick Street — No concerns. 4) A 2024 - 083 — 361 Westmeadow Drive — No concerns. 5) A 2024 - 084 — 18 Pine Street — No concerns. 6) A 2024 - 085 — 62 Gage Street — No concerns. 7) A 2024 - 086 — 1295 Bleams Road — No concerns. 8) A 2024 - 087 — 211 Lancaster Street West — No concerns. 9) A 2024 - 088 — 130 Edmund Road - No concerns. 10)A 2024 - 089 — 132 Edmund Road — No concerns. 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: 4791308 91308 Page 126 of 157 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 CC: Connie Owen, City of Kitchener CofA(o-) Kitchener. ca Document Number: 4791308 Page 127 of 157 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca September 27, 2024 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 — October 15, 2024 Applications for Minor Variance A 2024-080 92 River Road East A 2024-081 236 Margaret Avenue A 2024-082 685 Frederick Street A 2024-084 18 Pine Street A 2024-085 62 Gage Avenue Applications for Consent B 2024-026 211 Lancaster Street West B 2024-027 130 Edmund Road B 2024-028 132 Edmund Road via email A 2024-086 1295 Bleams Road A 2024-087 211 Lancaster Street West A 2024-088 130 Edmund Road A 2024-089 132 Edmund Road 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(o-)_grand river. ca or 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 128 of 157 From: AMIN Pranav To: ee of PAiunme"t (cM) Subject: IG[chener - 211 Lanca3er Street Wes[- B 2024026 Date: Wednesday, 0-ro , 2, 2029 8:01:03 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-026 dated September 201h, 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 affecti ng'Low Voltage Distri bution Facilities' please consult your local area Distribution Supplier. To confirm if Hydro One is your local distributor please followthe following link: Please select" Search" and locate address in question by entering the address or by zooming in and out of the map ? q hyd r©�' MENU HELP SEARC4 one Customers Affected:�0---55jf000 0 501-5000 0 51-500 0 21-50 0 a=20 0 Multiple 0 Crew — Service Area ❑Q Sia V O11Ottaw . Montreal 0 v Huntsville 417 ql 400 11 � 6 4 C fN,f � a -0lfi Q Olallaa Kawartha BF Lakes aOP. � t5 Burlir 4 _ Petar6�r0ugh � P Kin Bella�vllle • o 'rs Dr.,.,.,.s.,...... 0 r , tramp CKitche o watep own G© Le a Rochester 9_„ , qo3 ___ _ 1 Mao data 02419 G000le 50 km � Terms of Use Repart a map error If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or a -mail CustomerCommunications(cbHvdroOne.com to be connected to your Local Operations Centre Please let me know if you have any questions or concerns. Thankyou, Dennis De Rango Specialized Services Team Lead, Real Estate Department Hydro One Networks Inc. Tel: (905)946-6237 Email: Dennis. DeRa n¢oPHvd roOne.com Page 129 of 157 From: To: Committee of Adiustment (SM) Subject: Committee of Adjustment Meebnq Date: Thursday, October 3, 2024 8.41:21 AM You don't often get email from . Learn why this is im on rtant To whom it may concern, I am writing regards to the notice I received in the mail regarding applications for minor variance. I personally have no issues with 211 Lancaster Street being used for two residences. However, I do hope the two maple trees in the front yard will not be further damaged, or worse, destroyed_ That being said, there is a moratorium on development issued by Six Nations on the Haldimand Tract. Have you consulted with them on any development in the city? This is their land. Sincerely, Shantell Powell Page 130 of 157