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HomeMy WebLinkAboutDSD-2024-500 - A 2024-104 to 105, B 2024-034 to 035, 70 & 74 Rutherford DriveStaff Report r JR Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2024 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: REPORT NO.: November 6, 2024 DSD -2024-500 SUBJECT: Minor Variance Application A2024-104 — 70 Rutherford Drive Consent Application B2024-034 - 70 Rutherford Drive Minor Variance Application A2024-105 — 74 Rutherford Drive Consent Application B2024-035 - 74 Rutherford Drive RECOMMENDATION: A. Minor Variance Application A2024-104 — 70 Rutherford Drive That Minor Variance Application A2024-104 for 70 Rutherford Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 5.3 e) ii) to permit a drive aisle width of 4.4 metres instead of the minimum required 6 metres; and ii) Section 5.4 d) to permit a driveway width of 1.9 metres instead of the minimum 2.6 metres; generally in accordance with drawings prepared by Bobican Ltd., dated August 23, 2024, BE APPROVED subject to the following conditions: That the Owner shall remove the existing asphalt areas in the front and rear yards and replace with sod or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobican Ltd., dated August 23, 2024, to the satisfaction of the Manager of Development Approvals, by June 1, 2025. 2. Any request for a time extension must be approved in writing by the Manager of Development Approvals prior to completion date set out in this decision. 3. Failure to complete Condition No. 1 will result in this approval becoming null and void. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 191 of 248 B. Consent Application B2024-034 — 70 Rutherford Drive That Consent Application B2024-034 for 70 Rutherford Drive requesting consent to establish an access easement having a width of 1.9 metres a length of 58.8 metres, and an area of 113.5 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2024-104 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 5. That the Owner shall remove the existing asphalt areas in the front and rear yards and replace with sod, or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobican Ltd., dated August 23, 2024, to the satisfaction of the Manager of Development Approvals. 6. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 7. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Manager, Development Approvals: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 8. That, prior to final approval, the applicant submits the Consent Application Page 192 of 248 Review Fee of $350.00 to the Region of Waterloo. C. Minor Variance Application A2024-105 — 74 Rutherford Drive That Minor Variance Application A2024-105 for 74 Rutherford Drive requesting relief from the following sections of Zoning By-law 2019-051: i) Section 5.3 e) ii)to permit a drive aisle width of 4.4 metres instead of the minimum required 6 metres; and ii) Section 5.4 d) to permit a driveway width of 1.9 metres instead of the minimum 2.6 metres; generally in accordance with drawings prepared by Bobican Ltd., dated August 23, 2024, BE APPROVED subject to the following conditions: 1. That the Owner shall remove the existing asphalt areas in the front and rear yards and replace with sod or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobican Ltd., dated August 23, 2024, to the satisfaction of the Manager of Development Approvals, by June 1, 2025. 2. Any request for a time extension must be approved in writing by the Manager of Development Approvals prior to completion date set out in this decision. 3. Failure to complete Condition No. 1 will result in this approval becoming null and void. D. Consent Application B2024-035 — 74 Rutherford Drive That Consent Application B2024-035 for 74 Rutherford Drive requesting consent to establish an access easement having a width of 1.9 metres a length of 58.8 metres, and an area of 113.5 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2024-105 receive final approval. 2. That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary - Treasurer and City Solicitor, if required. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 4. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. Page 193 of 248 5. That the Owner shall remove the existing asphalt areas in the front and rear yards and replace with sod, or other landscaping, in accordance with the regulations of Zoning By-law 2019-051 and drawings prepared by Bobican Ltd., dated August 23, 2024, to the satisfaction of the Manager of Development Approvals. 6. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor be provided to the City Solicitor. 7. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Manager, Development Applications: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 8. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. REPORT HIGHLIGHTS: • The purpose of this report is to review Minor Variance and Consent Applications to facilitate a shared driveway access between two (2) detached dwellings containing four (4) dwelling units in each. • The key finding of this report is that the minor variances will meet the 4 tests of the Planning Act, and that the proposed consents to create the easement are appropriate to legalize the functional access to the rear parking areas on each of the detached lots. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject properties are located on the East side of Rutherford Drive between Kinzie Avenue and Fergus Avenue. Page 194 of 248 * ot f *Ali r . 11). n �f .'r -*-* l rq ov - r .k' j f• Location Map: 70 & 74 Rutherford Drive Figure 1 M The subject properties are identified as a `Community Areas' on Map 2 — Urban Structure and are designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. The purpose of the applications are to legalize a shared driveway, between 2 detached dwellings with four dwelling units in each, for access to rear yard parking. The Committee of Adjustment approved Consent Application B2022-003 on January 18, 2022 to sever the original lot at 74 Rutherford Drive in half, creating a new lot (70 Rutherford Drive). The existing detached dwelling on 74 Rutherford Drive was demolished in 2022 and two new duplex dwellings were constructed. On March 25, 2024, City Council passed the `Enabling Four Units' Zoning By-law Amendment which allows for up to 4 units within a detached dwelling. The applicant is seeking to convert each duplex to a 4 -unit detached dwelling. The subject lands currently contain front yard parking that is non-compliant with the maximum driveway width regulations of the zoning by-law. The applicant is seeking to establish a legal shared access driveway to rear yard parking, on each of the properties, through reciprocal access easements and relief from driveway and drive aisle width regulations. Page 195 of 248 Figure 2: View of Subject Lands from Rutherford Drive (November 5, 2024) (70 Rutherford Drive- left side, 74 Rutherford Drive- right side) REPORT: Planning Comments Minor Variance Applications A2024-104 and A2024-105: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' in the Official Plan. The intent of this designation is to encourage a range of different forms of housing to achieve a low density neighbourhood. The requested variances will facilitate a shared driveway and support the permitted uses and continue to maintain the low density character of the properties and surrounding neighbourhood. It is the opinion of staff that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulations that require a minimum of 2.6 metres for a driveway and 6 metres for a drive aisle are to ensure vehicles can make adequate turning movements to access parking spaces and that there is adequate space to park vehicles with room to open car doors. The applicant is seeking to establish reciprocal access easements through associated consent applications. Once established, the usable driveway area will be 3.86 metres (1.93 metres on 70 Rutherford Drive, 1.93 metres on 74 Rutherford Drive) which will provide adequate access. Similarly, the usable drive aisle width will be 8.88 metres (4.44 metres on 70 Rutherford Drive, 4.44 metres on 74 Rutherford Drive). In the Page 196 of 248 opinion of Staff, as legal access easements will enable functional turning movements and there will be adequate vehicle storage in the rear of the site, the requested variances meet the general intent of the Zoning By-law. Figure 3: View of existing Shared Driveway access to rear (November 5, 2024) Is/Are the Effects of the Variance(s) Minor? Staff do not anticipate adverse impacts or effects resulting from the requested variances. Therefore, the effects are considered minor. Is/Are the Variance(s) Desirable For The Aooroariate Develoament or Use of the Land. Building and/or Structure? The requested variances are desirable and appropriate as they will enable a functional access to rear yard parking that is suitable and adequate for the use of the lands and buildings on site. The requested variances are considered desirable for the appropriate development and use of the lands and structure in the opinion of Planning staff. Page 197 of 248 Figure 4: Proposed Easement Sketch - - ------- - - - - - - --- - - - -- - _..._ ------------ twrn I k Q O - � I e M-'ai"/k�E wMxrRIM -,. .• ' �.. w I �................ 1 R 3S�u71 � [.-a Figure 4: Proposed Easement Sketch Figure 5: Concept Site Drawing Planning Comments Consent Applications B2024-034 and B2024-035: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Plannina Statement (PPS 2024) and Reaional Official Plan (ROP): As the applications are to facilitate a shared driveway, no lots are being created or lot lines being adjusted, and no physical changes to the existing development are proposed, it is Planning staff's opinion that no sections of the PPS or Regional Official Plan are specifically relevant, and that the application would conform to these plans and policies. City's Official Plan (2014) The subject property is identified as a `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.4 of the Official Plan speaks to consent applications for easements. 17.E.20.4. Consents may be permitted for the creation of a new lot, boundary adjustments, rights of -way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created." Page 198 of 248 - a e M-'ai"/k�E wMxrRIM -,. .• ' �.. I! ra uazsr_-� riure.�r F� —k 1 R 3S�u71 � [.-a I raw , T V 'GLMMFh h a - - -Va p y, i N tOGW�t rvx � Y [a 9fh _ 4� III ry !x'wwrrsEF,�ah ton¢.rf ^�x,rwn amnr�ry ,�3 � e<^IL , 6rl fail �wwl ' ll.smll, - Figure 5: Concept Site Drawing Planning Comments Consent Applications B2024-034 and B2024-035: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Plannina Statement (PPS 2024) and Reaional Official Plan (ROP): As the applications are to facilitate a shared driveway, no lots are being created or lot lines being adjusted, and no physical changes to the existing development are proposed, it is Planning staff's opinion that no sections of the PPS or Regional Official Plan are specifically relevant, and that the application would conform to these plans and policies. City's Official Plan (2014) The subject property is identified as a `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.4 of the Official Plan speaks to consent applications for easements. 17.E.20.4. Consents may be permitted for the creation of a new lot, boundary adjustments, rights of -way, easements, long-term leases and to convey additional lands to an abutting lot provided an undersized lot is not created." Page 198 of 248 No new lots are proposed to be created through the requested consent applications. Zoning By-law 2019-051 The subject properties are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By- law 2019-051. Requested easements for access will not have impacts upon the `RES -4' zoning regulations. Planning Conclusions/Comments: With respect to the criteria for granting easements contained in Section 54(2) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of reciprocal access easements to facilitate a shared driveway is desirable and appropriate. Environmental Planning Comments: No Environmental Planning comments or concerns. Heritage Planning Comments: No Heritage Planning comments or concerns. Building Division Comments: The Building Division has no objection to the proposed variance and consent. Engineering Division Comments: No Engineering comments or concerns. Parks/Operations Division Comments: No Parks/Operations concerns. Transportation Planning Comments: Transportation Services have no concerns. Region of Waterloo Comments: The subject lands are within the `Urban Area Boundary' and designated `Built -Up Area' in the Regional Official Plan (Maps 1, 2). The subject lands are designated `Low Rise Residential' in the City's Official Plan (Map 3 — Land Use) and zoned `RES -4'. Regional Review Fees Regional Staff are not in receipt of the required consent review fee of $350 per application. 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 at 150 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 199 of 248 Hydro One Comments: We are in receipt of your Applications for Consent, B 2024-034 and B2024-035 dated October 25th, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our preliminary review considers issues affecting Hydro One's 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities' please consult your local area Distribution Supplier. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2022-040 (82022-003) ATTACHMENTS: Attachment A — Proposed Easement Plan Attachment B — Concept Site Drawing Page 200 of 248 [Nf6'll] .9 -,Lf [Nf6'll] .9 -,Lf 31,11 A1d3dOdd 911/11111 % 3NI1 Ald3dOdd ONLLSIX3 f [Nf8'l] [Nf8'l] u o [Rffi'l]W[Rf6'l] .6 -XW.g'b ,6-,9 -,9 itr,e � �ibl� Q Lj Lj [NOS'6] a [NV -.q [Nf6'l] a [11896] Z-,lf .6-,9 .16 .Z-,lf 139dtld 83NIV13d [Nf6'll] ,9-,Lf139dVd 83NIV13d [Nf6'll] .9 -,Lf 'ao oaoi iHl na W N O 0.0C14 N N a 0 Z Z a Zz, N lY � W W U ~ y O Z y LL s _ _ 110N � a oZ w LLI Ce LU �s ~ 0o Y Page 202 of 24 2 0 37-8" [11.43N] RETAINED PARCEL 37-8" [11.43N] RETAINED PARCEL - - 0 0 19'-0" 8'-8" 3'-8" 6'-4" 6'-4" S'-8" o = [5.79M] [2.59M 11.120 [1.93M] [1.9 M] 1.12 [2.59N] [5.79M] fT �ll �il fll - ❑ p - _ c `d-� l A Z x mrz �4 i�c [1.22M] c � d 2 4• D° % P o 1.22 S-8" 12'-8 1/2" 3'-8. 1.1 [3. M] 1.12 8+ 0 y o3~� CO7y� /� cn ~ m v � COP) � m r D> Q y = g = I D Q y —4 � O " ' 1 2_-2 -iivADmwDDwD' ] .ti2AAaw2M 0 ----- I f O O 73 N Es ac N OZO VcOomvv Ayp£Qa },_8. 1.12M], S-8' [1.12 M]7 on�po azvowaa T�roWNap �C3�'�Dw�Doy�_- VppOyazDZ -jPARll 0D PAeKSA;EI PAWL SASE 2 NuvN 5&EE 2 Kl -0 v � PAR4 �0T T CO v a v q \ :� W fN.f r c — v PAWC SPKE 4 " �Ci PAWL VVE 4 Z p _ _+_ U o ti'�V, u D -0' [7 5'.52N] 18'-01/2" [5.50N] 1'V -5112'[4.41M] 14'-5 1/2" [4.4 N] 18'-0 1/2 [5.50M] [7.52M] L) O II - II v 37'-6" [11.43N]37�37'-6" [11.43N]�-6" [11.43N]] Page 202 of 24 N* Region of Waterloo VIA EMAIL Connie Owen Administrative Clerk, City of Kitchener 200 King Street West Legislative Services Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENTAND 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 November 4, 2024 Re: Comments on Consent Applications: B 2024-029 to B 2024-36 exclusively Committee of Adjustment Hearing November 19, 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: 4817591 Page 203 of 248 B 2024-029 62 Fourth Ave PLAN 254 PT LOT 75 PT LOT 76 Owner: Ken Hodgins Application: Jon O'Malley The applicant/owner proposes consent to sever existing residential parcel to create a new lot; the proposed lots being equal in dimension: 7.62m width, 40.37m depth, and 307.62 sqm area. A building permit has been issued for the construction of a duplex semi-detached dwelling, and the consent would facilitate the conveyance of each dwelling on separate lots. 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. Environmental Noise At this location, the proposed development may encounter traffic noise sources due to Highway 7 and Highway 8. 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. In lieu of an Environmental Noise Study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the City of Kitchener to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the retained and severed lots: (i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Source Water Protection The subject lands are within a Wellhead Protection Area under the Clean Water Act and Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a complete application. Please visit the TAPS website to obtain documentation and for further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be required as condition of approval for the consent application. Document Number: 4817591 Page 204 of 248 Regional Review Fees 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. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of Waterloo. 2. That the Owner/Applicant submit the consent review fee of $350 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 the retained and severed lots, to the satisfaction of the Region: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Document Number: 4817591 Page 205 of 248 B 2024-030 630 Benninger Dr BLOCK 132, PLAN 58M-642 Owner: Activa Holdings Inc Applicant: MHBC (Rachel Wolff) The applicant/owner proposes consent to create an access easement over the internal roadway in Unit 2, in favour of Units 3-9, within WVLCP 782 (as illustrated on Parts 1 and 2 on Plan . 58R-21439). The access easement will provide Units 3 through 9 with legal access to and from Benninger Drive, and facilitate redevelopment of the site in accordance with approved Site Plan SP21/017/B/CD. Originally, the road was planned to be registered as common element within a standard plan of condominium. However, this is no longer possible as the owners have decided not to proceed with said registration of Units 1 through 9. The subject lands are within the Urban Area Boundary and designated Greenfield Area in the Regional Official Plan (Map 1, 2). The subject lands are designated Low -Rise Residential/ Mixed Use in the City's Official Plan (Map 3 — Land Use) and zoned Mix -1. Source Water Protection The subject lands are within a Wellhead Protection Area under the Clean Water Act, and Wellhead Protection Sensitivity Area and Groundwater Recharge Area under the Regional Official Plan. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a complete application. Please visit the TAPS website to obtain documentation and for further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be required as condition of approval for the consent application. Regional Review Fees Regional Staff received the required consent review fee of $350 on November 1, 2024. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of Waterloo. Document Number: 4817591 Page 206 of 248 B 2024-031 829 Stirling Ave S PT LT 3 PL 785 KITCHENER AS IN 876791 Owner: KK Holding Inc Applicant: Venkata Thamma The applicant/owner proposes consent to sever existing residential parcel to create a new lot, each lot being equal in dimension: 7.92m width, 45.72m depth, and 362.31sgm area. The consent will facilitate the redevelopment of the subject site with construction of a duplex semi-detached dwelling on each lot. 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. Environmental Noise At this location, the proposed development may encounter noise sources due to Hwy 7 and Hwy 8. 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. In lieu of an Environmental Noise Study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the City of Kitchener to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the retained and severed lots: (i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Source Water Protection The subject lands are within a Wellhead Protection Area under the Clean Water Act and Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a complete application. Please visit the TAPS website to obtain documentation and for further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be required as condition of approval for the consent application. Document Number: 4817591 Page 207 of 248 Regional Review Fees 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. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of Waterloo. 2. That the Owner/Applicant submit the consent review fee of $350 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 warning clauses in all agreements of purchase and sale and/or rental agreements for all dwelling units on the retained and severed lots: i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Document Number: 4817591 Page 208 of 248 B 2024-032/ B 2024-033 75 Otterbein Rd (severed/retained) PLAN 581VI654 BLK 1 Owner: Nitin Jain / KOLB CREEK LAND CORP Applicant: MHBC (Dave Aston) The applicant/owner is proposing consent to create a number of reciprocal easements for access, infrastructure and maintenance. The consent will facilitate redevelopment of the site in accordance with Site Plan SP22/078/0/ES (approved in principle). The proposed easements are as follows: Part 2 and 5 (access and servicing); Part 6 and 7 (servicing and drainage). The applicant notes that the current consent applications represent a resubmission of B2023-039, the difference being that more information is provided on the applicable parts, while the severance plan remains the same. B2023-040 created the two parcels (conditionally approved with lapsing date of October 27, 2025), while B2023-039 had proposed associated easements. The applicant states that the consent applications will facilitate the creation of two separate condominiums that function as a single cohesively planned development, while satisfying construction, phasing, and financing concerns. The site is planned to be developed with two 6 -storey apartment buildings (48 units each) and three townhouse blocks (57 units), for a total of 153 units, including common amenity areas, private access roads, and surface parking (169 spaces). The subject lands are within the Urban Area Boundary and designated Greenfield Area in the Regional Official Plan (Map 1, 2). The subject lands are designated Medium -Rise Residential in the City's Official Plan (Map 3 — Land Use) and zoned RES -6. Salt Management Plan (Advisory) The property is in a vulnerable area under the 2022 Grand River Source Protection Plan, but not within the area where Risk Management Plan or prohibition polices implemented by the Region of Waterloo apply. The owner/applicant is advised that a Salt Management Plan (SMP) is required to be submitted for review and approval by the Region as through the related Site Plan application. Airport Zoning Regulations (Advisory) The parcel is within the Airport Zoning Regulations (AZR) with an allowable elevation of 356.5m ASL, which is roughly 37m above existing ground. Any cranes used onsite is expected to exceed this height limitation and would therefore require an exemption to the AZR. Note that an aeronautical assessment had previously been completed for 50 Otterbein Road, showing an allowable height of 393m ASL. Development height was below this elevation, and so the airport approved of the exemption. Document Number: 4817591 Page 209 of 248 The developer is required to submit a Land Use Assessment to Nav Canada for the building and any cranes, and obtain a letter of no objection to the satisfaction of the Region. https://www.navcanada.ca/en/aeronautical-information/land-use-program.aspx If an AZR exemption is required (any obstacles above 356.5m ASL), then the developer will also need to submit an Aeronautical Assessment Form to Transport Canada and comply with all requirements. https://tc.can ada.ca/en/aviation/general-operating-flight- rules/marking-lighting-obstacles-air-navigation Regional Review Fees Regional Staff are not in receipt of the required consent review fee of $350 per application. 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): That the Owner/Applicant submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4817591 Page 210 of 248 B 2024-034/ B2024-035 70 Rutherford Dr/ 74 Rutherford Dr PART LOT 7 PLAN 742 BEING PARTS 1-4 ON PLAN 58R-21514 Owner: Pero/Mirjana Perencevic Applicant: Bobicon Ltd (Boban Jokanovic) The owner/applicant is proposing consent to create reciprocal easements for access to parking lot. The subject lands were severed into two lots through approved consent B2022-003. A reciprocal easement was not required at that time. The subject lands are within the Urban Area Boundary and designated Built -Up Area 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. Regional Review Fees Regional Staff are not in receipt of the required consent review fee of $350 per application. 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): That the Owner/Applicant submit the consent review fee of $350 per application to the Regional Municipality of Waterloo. Document Number: 4817591 Page 211 of 248 B 2024-036 73 Fourth Ave LT 95 PL 254 TWP OF WATERLOO Owner: Nikola Vrzic Applicant: Bobicon Ltd (Boban Jokanovic) The owner/applicant is proposing consent to sever existing residential lot to create new residential lot. The retained and severed lots being equal in dimension; 10.058m width, 40.279m depth, and 405.126sgm area. The consent will facilitate the redevelopment of the new lot with a detached duplex dwelling. Frontage and access on Fourth Ave for both lots is proposed. The subject lands are within the Urban Area Boundary and designated Built -Up Area 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. Environmental Noise At this location, the proposed development may encounter traffic noise sources due to Highway 7 and Highway 8. 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. In lieu of an Environmental Noise Study, the Region will require as a condition of consent approval that the owner/applicant enter into a registered Development Agreement with the City of Kitchener to implement the following noise mitigation measures: a) That the following warning clauses be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the retained and severed lots: (i) "Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of Environment, Conservation and Parks." Source Water Protection The subject lands are within a Wellhead Protection Area under the Clean Water Act and Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a complete application. Please visit the TAPS website to obtain documentation and for Document Number: 4817591 Page 212 of 248 further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be required as condition of approval for the consent application. Regional Review Fees 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. Regional Staff has no objection to this application subject to the following condition(s): 1. That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of Waterloo. 2. That the Owner/Applicant submit the consent review fee of $350 to the Regional Municipality of Waterloo. 3. That the Owner/Applicant 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 the retained and severed lots, to the satisfaction of the Region: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks. Document Number: 4817591 Page 213 of 248 General Comments Any submission requirements may be subject to peer review, at the owner/ applicant's expense as per By-law 23-062. If any other applications are required to facilitate the application, note that fees are subject to change and additional requirements may apply Any future development on the lands subject to the above -noted consent applications will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Prior to final approval, City staff must be in receipt of the above - noted Regional condition clearances. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Thank you, Erica Ali RPP Planner, Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Document Number: 4817591 Page 214 of 248 October 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 November 19, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 090 — 386 Wake Robin Crescent — No concerns 2) A 2024 - 091 — 32 Burgetz Avenue — No concerns 3) A 2024 - 092 — 34 Burgetz Avenue — No concerns 4) A 2024 - 093 — 36 Burgetz Avenue — No concerns 5) A 2024 - 094 — 38 Burgetz Avenue — No concerns 6) A 2024 - 095 — 29 The Crestway — No concerns 7) A 2024 - 096 — 165 Fairway Road North — No concerns 8) A 2024 - 097 — 593 Ephraim Street — No concerns 9) A 2024 - 098 — 153 Eighth Avenue — No concerns 10)A 2024 - 099 — 165 Courtland Avenue East — No concerns 11)A 2024 - 100-103 — 100-106 St. George Street — No concerns 12)A 2024 - 104 — 70 Rutherford Drive — No concerns 13)A 2024 - 105 — 74 Rutherford Drive — No concerns 14)A 2024 - 106 — 73 Fourth Avenue — 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: 4815124 815124 Page 215 of 248 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: 4815124 Page 216 of 248 November 4, 2024 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 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 - November 19, 2024 Applications for Minor Variance A 2024-090 386 Wake Robin Crescent A 2024-091 32 Burgetz Avenue A 2024-092 34 Burgetz Avenue A 2024-093 36 Burgetz Avenue A 2024-094 38 Burgetz Avenue A 2024-095 29 The Crestway A 2024-096 165 Fairway Road North A 2024-097 593 Ephraim Street Applications for Consent B 2024-029 62 Fourth Avenue B 2024-030 630 Benninger Drive B 2024-031 829 Stirling Avenue South B 2024-032 & B 2024-033 75 Otterbein Road via email A 2024-098 153 Eighth Avenue A 2024-100 100-106 St. George Street A 2024-101 100-106 St. George Street A 2024-102 100-106 St. George Street A 2024-103 100-106 St. George Street A 2024-104 70 Rutherford Drive A 2024-105 74 Rutherford Drive A 2024-106 73 Fourth Avenue B 2024-034 & B 2024-035 70 & 74 Rutherford Drive B 2024-036 73 Fourth Avenue Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications. GRCA has no objection to the approval of the above applications. The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact me at aherreman(a�grandriver. ca or 519-621- 2763 ext. 2228. Sincerely, 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 217 of 248 From: AMIN Pranav To: ee of PAiunme"t (cM) Subject: IG[chener - 70 Rutherford Drive - D 2024039 Date: Wednesday, Noember 6, 20295: D:51 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-034 dated October 251h, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our oreliminary review considers issues affectine 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 Ottaw . Montreal 0 11 v Huntsville 417 ql 400 11 6 4 C fN,f � a -0lfi Q OlallKawartha Bs Lakes aOP. � t5 Burlir 4 _ Petar6�r0ugh � P Kin Bella�vllle • o 'rs Dr.,.,.,.s.,...... 0 r , tramp CK,,.h. watep own G© 9Le , a Rochester o3 Mao data02 419 G000le 50 km � Terms of Use Reoart a mat 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 ngoPHvd roOne.com Page 218 of 248 From: AMIN Pranav To: ee of PAiunme"t (cM) Subject: IG[chener - 74 Rutherford Drive - D 2024035 Date: Wednesday, No ember 6, - 5:36:05 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-035 dated October 251h, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at this time. Our oreliminary review considers issues affectine 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 Ottaw . Montreal 0 11 v Huntsville 417 ql 400 11 6 4 C fN,f � a -0lfi Q OlallKawartha Bs Lakes aOP. � t5 Burlir 4 _ Petar6�r0ugh � P Kin Bella�vllle • o 'rs Dr.,.,.,.s.,...... 0 r , tramp CK,,.h. watep own G© 9Le , a Rochester o3 Mao data02 419 G000le 50 km � Terms of Use Reoart a mat 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 ngoPHvd roOne.com Page 219 of 248