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HomeMy WebLinkAboutCA Agenda - 2024-11-191 KITc�ivER Committee of Adjustment Agenda Tuesday, November 19, 2024, 10:00 a.m. -12:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 (Pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended, and Ontario Regulations 197/96 and 200/96, as amended) TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet in Council Chambers, 2nd Floor, Kitchener City Hall, 200 King Street West, on Tuesday, NOVEMBER 19, 2024, commencing at 10:00 a.m. for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants or Agents must attend in support of the application. This is a public meeting. Anyone having an interest in any of these applications may make an oral submission at the meeting or provide a written submission for Committee consideration. Please note this is a public meeting and will be livestreamed and archived at www.kitchener.ca/watchnow. The complete agenda, including staff reports will be available online the Friday prior to the week of the meeting date. Pages 1. COMMENCEMENT 2. MINUTES 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared please visit www.kitchener.ca/conflict to submit your written form. 4. APPLICATIONS FOR MINOR VARIANCE AND/ OR CONSENT PURSUANT TO THE PLANNING ACT 5. NEW BUSINESS 5.1 A 2024-090 - 386 Wake Robin Crescent, DSD -2024-476 6 Requesting minor variances to permit an accessory structure (existing detached garage) to have an easterly side yard setback of 0.11 m rather than the minimum required 0.6m; a maximum height to the underside of the fascia of 4m rather than the permitted 3m; and, a building height of 6.3m rather than the permitted 5.5m to facilitate a 2nd -storey addition to an existing accessory structure. 5.2 A 2024-091, A 2024-092, A 2024-093 & A 2024-094 - 32, 34, 36 & 38 19 Burgetz Avenue, DSD -2024-471 Requesting minor variances to permit a parking space located within a building to be setback 5.6m from the street line rather than the minimum required 6m to legalize the location of an attached garage for the existing semi-detached dwelling; and, to permit the required parking for a duplex in a driveway to be located Om from the front lot line rather than the required 0.5m. 5.3 A 2024-095 - 29 The Crestway, DSD -2024-493 29 Requesting a minor variance to permit a maximum height to the underside of the fascia of 5m rather than the permitted 3m to facilitate the construction of an accessory structure in the rear yard of the subject property. 5.4 A 2024-096 -165 Fairway Road North, DSD -2024-473 38 Requesting minor variances to permit 23 parking spaces rather than the minimum required 38 parking spaces and to permit the required parking to be located in the front yard whereas the Zoning by-law does not permit parking in the front yard; a northerly side yard setback of Om and a southerly side yard setback of 1.8m rather than the required 3m; a rear yard setback of 0.1 m rather than the required 7.5m; a Floor Space Ratio (FSR) of 0.75 rather than the maximum permitted 0.6; and, ground floor level units to having no patio areas whereas the Zoning By -Law requires ground floor units to have a patio area, to facilitate the redevelopment of the existing building with 33 dwelling units in accordance with Site Plan Application SP24/047/F/AA. 5.5 A 2024-097 - 593 Ephraim Street, DSD -2024-478 51 Requesting a minor variance to permit a portion of an accessory structure to be located in the front yard, whereas the Zoning By-law does not permit accessory structures to be located in the front yard to legalize the location of an existing shed. Page 2 of 248 5.6 A 2024-098 -153 Eighth Avenue, DSD -2024-488 61 Requesting a minor variance to permit the conversion of an existing garage into an Additional Dwelling Unit (ADU) (Detached) having a Gross Floor Area (GFA) of 83.7sq.m. rather than the maximum permitted 80sq.m. 5.7 A 2024-099 -165 Courtland Avenue East, DSD -2024-494 72 Requesting minor variances to permit a building length of 70.7m rather than the required 36m; a building height of 17.5m rather than the permitted 11 m; a rear yard landscaped area of 30.8% rather than the minimum required 40%; and, requesting a minor variance to Zoning By- law 85-1 to permit a Floor Space Ratio (FSR) of 1.2 rather than the permitted 1.0 to facilitate the development of 4 -storey multiple dwelling having 36 dwelling units in accordance with Site Plan Application SP20/064/C/ES. 5.8 A 2024-100, A 2024-101, A 2024-102 & A 2024-103 - 100, 102, 104 & 87 106 St. George Street, DSD -2024-487 Requesting a minor variance to Zoning By-law 85-1 to permit a front yard setback of 6.Om rather than the required 6.58m to facilitate the construction of 2 new semi-detached dwellings. 5.9 B 2024-029 - 62 Fourth Avenue, DSD -2024-470 97 Requesting consent to sever a parcel of land having a width of 7.6m, a depth of 40.3m and an area of 307.6sq.m. The retained land will have a width of 7.6m, a depth of 40.3m and an area of 307.6sq.m. The consent will allow each half of a semi-detached duplex dwelling to be dealt with independently. 5.10 B 2024-030 - 630 Benninger Drive, DSD -2024-483 121 Requesting consent to create an irregular shaped access easement having a width of 7.3m, an approximate length of 300m and an approximate area of 2,190sq.m over the internal roadway within Unit 2 of Waterloo Vacant Land Condominium Plan (WVLCP) 782, in favour of Units 3-9 of WVLCP for the purpose of access. 5.11 B 2024-031 - 829 Stirling Avenue South, DSD -2024-482 143 Requesting consent to sever a parcel of land having a width of 7.9m, a depth of 45.7m and an area of 362.3sq.m. The retained land will have a width of 7.9m, a depth of 45.7m and an area of 362.3 sq.m. The severance will allow each half of a semi-detached dwelling to be dealt with independently. Page 3 of 248 5.12 B 2024-032 & B 2024-033 - 75 Otterbein Road, DSD -2024-501 166 Requesting consent to create an easement over a retained land identified as Part 2 on the plan submitted with the application, in favour of the severed land for the purpose of access and servicing. Permission is also being requested to create easements over the severed land identified as Parts 5, 6 and 7 on the plan submitted with the application, in favour of the retained land for drainage and servicing. The severed and retained parcels are subject to Consent Application B 2023-040 which would sever the lot for future residential development. 5.13 B 2024-034, B 2024-035, A 2024-104 & A 2024-105 - 70 & 74 Rutherford 191 Drive, DSD -2024-500 Requesting consent to create an easement having a width of 1.9m, a length of 58.8m and an area of 113.5 sq.m. for a shared driveway between 70 and 74 Rutherford Drive. Minor variances are also being requested to permit a drive aisle width of 4.4m rather than the required 6m; and, to permit a driveway width of 1.9m rather than the required 2.6m, to facilitate the proposed shared driveway between 70 and 74 Rutherford Drive. 5.14 B 2024-036 & A 2024-106 - 73 Fourth Avenue, DSD -2024-496 220 Requesting consent to sever a parcel of land having a width of 10m, a depth of 40.2m and an area of 405.1sq. m. and is proposed for a new 2 - storey duplex dwelling. The retained land will have a width of 10m, a depth of 40.2m and an area of 405.1sq. m. A minor variance is also being requested to permit a front yard setback of 9.58m rather than the required 11.25m to recognize the location of an existing 2 -storey duplex dwelling. 6. ADJOURNMENT Page 4 of 248 7. PLANNING ACT INFORMATION • Additional information is available at the Legislated Services Department, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener 519-741-2203 or by emailing CofA(a)kitchener.ca. Copies of written submissions/public agencies' comments are available the Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca/meetings in the online Council and Committee calendar; see the meeting date for more details. Anyone having an interest in any of these applications may attend this meeting. Only the Applicant, Minister, specified person (as defined in Section 1 of the Planning Act) or public body that has an interest in the matter has the right to appeal of decisions of the Committee of Adjustment. These parties must make written submissions to the Committee prior to the Committee granting or refusing Provisional Consent otherwise, the Ontario Land Tribunal (OLT) may dismiss the appeal. Any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Marilyn Mills at marilyn.mills(a)kitchener.ca. If you wish to be notified of a decision, you must make a written request to the Secretary -Treasurer, Committee of Adjustment, Kitchener City Hall, 200 King St. W., Kitchener ON, N2G 4G7. The Notice of Hearing for this meeting was published in the Record on the 1st day of November, 2024. Marilyn Mills Secretary -Treasurer Committee of Adjustment Page 5 of 248 Staff Report a-velo n7entServicesDenartr7ent REPORT TO: Committee of Adjustment DATE OF MEETING: November 19, 2024 1�', R www.kitchenerca SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals, 519-783-8913 PREPARED BY: Ben Suchomel, Student Planner, 519-783-8948 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: November 06, 2024 REPORT NO.: DSD -2024-476 SUBJECT: Minor Variance Application A2024-090 — 386 Wake Robin Crescent RECOMMENDATION: That Minor Variance Application A2024-090 for 386 Wake Robin Crescent requesting relief from Section 4.1 d) of Zoning By-law 2019-051 to permit a maximum height to the underside of the fascia of 4 metres instead of the maximum permitted 3 metres, and to permit a building height of 6.3 metres instead of the maximum permitted 5.5 metres to facilitate the construction of a second storey addition to an existing accessory structure, generally in accordance with revised drawings prepared by Perspective Views Architectural Designs, dated November 11, 2024, BE REFUSED. REPORT HIGHLIGHTS: • The purpose of this report is to review and recommend the refusal of the minor variance application to facilitate a second storey addition to an existing accessory structure. • The key finding of this report is that the minor variances do not meet the four tests set out within the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 248 BACKGROUND: The subject property is located on the Northwest Side of Wake Robin Crescent. It is located within the within the Laurentian West Neighbourhood, which is primarily comprised of low-rise residential uses of varying dwelling types. The subject property is identified as 'Community Areas' on Map 2 — Urban Structure and is designated 'Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. Figure 1: Location v4V6 Map — 386 Wake Robin Crescent (Outlined in Red) The purpose of this application is to enable a second -storey addition to be constructed on an existing accessory structure. It is important to note that the Applicant initially submitted a Minor Variance Application to allow for an Additional Dwelling Unit (ADU) (Detached) within the accessory structure. However, staff advised that the conversion of the existing accessory structure, with a 2nd storey addition, to a Detached ADU could not be supported, as the property could not provide the required 1.1 metre unobstructed walkway and sufficient on-site parking. After extensive collaboration and upon being informed of staff's recommendation that the current design would not be supported, the applicant chose to defer the application and work with staff to revise the proposal. Subsequently, the applicant amended the application to seek relief from Zoning By-law 2019-051 to permit the addition of a second storey to the existing accessory structure, while proposing a setback of 0.6 metres from the property line. However, at the time the revised Minor Variance application was submitted, the applicant further modified the proposal to remove the 0.6 metre setback required by 2019-051 to align with the existing footprint of the accessory structure at 0 metres, which complied with the regulations in Zoning By-law 85-1. Page 7 of 248 Although there is an existing maintenance easement registered on title for the existing accessory structure, Zoning By-law 2019-051 does not permit the construction of accessory structures at 0 metres with an easement. Accordingly, the second storey would not be able to be constructed at a 0 metre setback. The revised application failed to include the necessary variance to permit the construction of a second storey at 0 metres with the existing easement. Accordingly, the applicant was contacted and revised drawings illustrating that the second storey addition would be setback 0.6 metres from the side lot line were received on November 11, 2024. Staff note that there is an easement adjacent to the current accessory structure, which is intended to facilitate the continued use and maintenance of the accessory structure and could support maintenance of the proposed second storey addition. However, upon the completion of a site inspection, staff note that the easement is inaccessible because it has been fenced off, which could have the potential to impact the long-term maintenance of the accessory structure. Staff emphasize that if the Committee wishes to approve the variances to permit an increased height for the accessory structure, they would still not be able to create an Additional Dwelling Unit (ADU) (Detached) without obtaining other necessary variances and building permits. It should also be noted that Zoning By-laws 85-1 and 2029-051 do not permit accessory structures to be used for human habitation. (2) M.SDDTHEI ATIi WRDNTI A2IX0J .r. - "' Figure 2: South Elevation Page 8 of 248 1 EXIST.WEST ELEVATION A211 Figure 3: West Elevation by 1 IXISTyNOROS ELEVATON Aaoz Figure 4: North Elevation F E I Z PROP. WEST ELEVATION A211' .1.11 11 a .� II IIII� ► i �!1^I111I Z PROP.NORTNEIEVATON Page 9 of 248 1 ---I.- ELEVATION Figure 5: East Elevation - _- - - - - - - - - - - - - - - - --- a� z vleor. EAST ElFranar� A201 •�'re "6a VI(UV.V11111tltYAIIUN YttVNI A2C10 v -tom' Figure 7: Revised South Elevation (showing 0.6 metre setback for 2nd floor) Page 10 of 248 1 Section l A�1 SGNE 9H'_t'V Figure 8: Revised Interior Layout _ E — A �� n� STO4AGE >s mw DO m RREC - ori wsr.rawvuwxruiomwi H •' Planning staff conducted a site visit on October 31, 2024. Figure 8: Existing Site Conditions at 386 Wake Robin Crescent on October 31, 2024. Page 11 of 248 Figure 9: Existing Accessory Structure at 386 Wake Robin Crescent on October 31, 2024. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated as `Low Rise Residential' within the City's Official Plan. This designation emphasises the importance of ensuring compatibility in building form with regard to the massing, scale, and design, which is essential for facilitating the successful integration of diverse building types. Furthermore, it emphasizes the relationship between residential structures and adjacent buildings, streets, and public spaces. The accessory structure use conforms to the land use designation; however, it is not clear whether the proposed height, massing and scale is compatible and in keeping with the intent of the land use designation. While the use meets the intent, staff are of the opinion that the variances to permit an increase in height may not meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum height to the underside of the fascia for an accessory building is to ensure that accessory structures are not excessive in height and to ensure neighbouring properties do not have adverse impacts from large rear yard structures. The Page 12 of 248 proposed second storey may create significant privacy concerns for properties in the vicinity, particularly the adjacent property, due to its proposed height. Furthermore, the requested height increase for the accessory structure is greater than the maximum permitted height for an Additional Dwelling Unit (ADU) (Detached) which is 6.0 metres where the principal dwelling has a building height equal to or greater than 9.1 metres. Although the second storey is now proposed to be setback 0.6 metres from the side lot line, upon a site inspection, staff note that the easement is not accessible, and has been fenced off, which may impact the ability to support long-term maintenance of the accessory structure. Staff is of the opinion that the requested variances do not maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? Staff are of the opinion that the requested variances are not minor in nature. Specifically, the increase in fascia height, as well as the overall height of the structure, is expected to have considerable impacts on adjacent properties, the view from the street, and overall character of the broader neighborhood. The 2 -storey accessory structure will result in height/massing impacts to abutting properties beyond that of a typical accessory structure. Furthermore, this modification could lead to privacy issues for neighboring properties, as well as increased shade impacts. As a result, staff concludes that the overall effects of the variances will be not minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? It is staff's opinion that the variances are not desirable for the appropriate development and use of the accessory structure and use of the property. The increase in building height results in a 2 -storey accessory structure which will have a building height greater than a Detached ADU and will have the appearance of a single detached dwelling rather than a detached garage. It is unclear of the need or purpose of the increase building height of the accessory structure and staff have concerns with the accessory structure being utilized for human habitation based on conversations with the homeowner and the drawing illustrating the first floor being used for a `rec room'. Environmental Planning Comments: No Environmental Planning comments or concerns. Heritage Planning Comments: No Heritage comments or concerns. Page 13 of 248 Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit application has been made to convert the existing detached garage into a Detached ADU. If the Committee should approve the Minor Variance Application, it is suggested that a condition be added to require the Owner to modify their Building Permit Application to remove reference from the accessory structure being used for human habitation or as an Additional Dwelling Unit (ADU) (Detached). Engineering Division Comments: No comment. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Grand River Conservation Authority (GRCA) Comments: GRCA has no objection to the approval of the application. The subject property does not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 14 of 248 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 15 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 16 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 17 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 18 of 248 Staff 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: Brian Bateman, Senior Planner, 519-783-8905 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: REPORT NO.: November 6, 2024 DSD -2024-471 SUBJECT: Minor Variance Application A2024-091 - 32 Burgetz Ave. Minor Variance Application A2024-092 — 34 Burgetz Ave. Minor Variance Application A2024-093 — 36 Burgetz Ave. Minor Variance Application A2024-094 — 38 Burgetz Ave. RECOMMENDATION: A. Minor Variance Application A2024-091 — 32 Burgetz Avenue That Minor Variance Application A2024-091 for 32 Burgetz Avenue requesting relief from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space located within a building to be setback 5.6 metres instead of the minimum required 6 metres to legalize the location of an attached garage for the existing semi- detached dwelling; and to allow the required parking for a duplex in a driveway to be located 0 metres from the front lot line instead of the required 0.5 metres, BE APPROVED, subject to the following conditions: That the property owner shall install a distinguishable driveway and required walkway(s) and landscaped areas, in accordance with the regulations of Zoning By-law 2019-051, 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 19 of 248 B. Minor Variance Application A2024-092 — 34 Burgetz Avenue That Minor Variance Application A2024-092 for 34 Burgetz Avenue requesting relief from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space located within a building to be setback 5.6 metres instead of the minimum required 6 metres to legalize the location of an attached garage for the existing semi- detached dwelling; and to allow the required parking for a duplex in a driveway to be located 0 metres from the front lot line instead of the required 0.5 metres, BE APPROVED, subject to the following: 1. That the property owner shall install a distinguishable driveway and required walkway(s) and landscaped areas, in accordance with the regulations of Zoning By-law 2019-051, 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. C. Minor Variance ADDlication A2024-093 — 36 Buraetz Avenue That Minor Variance Application A2024-093 for 36 Burgetz Avenue requesting relief from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space located within a building to be setback 5.6 metres instead of the minimum required 6 metres to legalize the location of an attached garage for the existing semi- detached dwelling; and to allow the required parking for a duplex in a driveway to be located 0 metres from the front lot line instead of the required 0.5 metres, BE APPROVED, subject to the following: 1. That the property owner shall install a distinguishable driveway and required walkway(s) and landscaped areas, in accordance with the regulations of Zoning By-law 2019-051, 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. Minor Variance Application A2024-094 — 38 Burgetz Avenue That Minor Variance Application A2024-094 for 38 Burgetz Avenue requesting relief from Sections 5.3.3 i) and iii) of Zoning By-law 2019-051 to permit a parking space located within a building to be setback 5.7 metres instead of the minimum required 6 metres to legalize the location of an attached garage for the existing semi- detached dwelling; and to allow the required parking for a duplex in a driveway to be located 0 metres from the front lot line instead of the required 0.5 metres, BE APPROVED, subject to the following: Page 20 of 248 1. That the property owner shall install a distinguishable driveway and required walkway(s) and landscaped areas, in accordance with the regulations of Zoning By-law 2019-051, 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. REPORT HIGHLIGHTS: • The purpose of this report is to review and recommend approval of the requested minor variances to legalize the existing setbacks of the attached garages from the front lot lines and to allow required parking for a duplex be setback 0 metres from the street line. • The key finding of this report is that the minor variances meet the four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject properties are located at 32 to 38 Burgetz Avenue in the Centre -Chicopee Neighbourhood adjacent to St. Patrick School currently under construction. The subject properties contain semi-detached dwelling units that were constructed in 2022/2023. The owner has recently applied for building permits to duplex the semis where it was discovered they were built with attached garages setback less than the required 6 metres from the street lot lines. Additionally, the required second parking space for a duplex in a driveway must be setback 0.5 metres from the front lot line and, because the driveways are less than 6 metres, this setback cannot be achieved. Hence, a minor variance to allow a 0 -metre setback for required parking for a duplex is also requested. Therefore, the purpose of Minor Variance Applications A2024-091 to A2024-094 is to legalize the existing attached garage setbacks to the front lot lines and to allow the required parking space in a driveway for a duplexed semi to be setback 0 metres to the front lot lines. Staff further note that existing driveway widths are wider than what the By- law permits. These are not subject to a variance as the owner has agreed to comply with the By-law. As a result, approval is conditional upon the driveways meeting the Zoning By- law for driveway widths. Page 21 of 248 arm ' 'fit. P� "r` ,"4 1 Figure 1 — Aerial Photograph of Subject Properties Figure 2 — Streetview Photo of Subject Properties The properties are designated `Low Rise Residential' in the City's Official Plan and identified as a `Community Areas' on the City's Urban Structure Map. Page 22 of 248 The properties are zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019-051. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments to A2024-091, A2024-092, A2024-093 and A2024-094: General Intent of the Official Plan The subject properties are identified as `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 intent of the Low Rise Residential designation is to accommodate a diverse range of low rise housing types while maintaining the low-density character of the neighbourhood. Official Plan policy 4.C.1.8 details criteria that should be considered where a minor variance is requested. Subsections `b' and `e' specify that the requested variances should ensure that "where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports and maintain the character of the streetscape and the neighbourhood", and that "the lands can function appropriately and not create unacceptable adverse impacts for adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area on the site". Permitting the requested variances would recognize an existing situation while facilitating the conversion of the subject properties into duplexes, which is a permitted use in the land use designation and provide a form of gentle of intensification in the community while preserving the built form of the property. Staff are of the opinion that the requested variances meet the intent of the Official Plan. General Intent of the Zoning By-law The general intent of the regulation requiring the garage setback is to ensure the garage is not located ahead of the habitable portion of the dwelling and to ensure a driveway is of sufficient length to park a vehicle on and would not support overhang of the vehicle on the sidewalk. The intent is being maintained in both existing situations. The driveways are slightly greater than 5.5 metres in length which meets the minimum length of a parking space dimension under the Zoning By-law. Also, the additional 0.5 metres setback is to provide a small buffer for a required parking space in a driveway for a duplex to ensure no overhang. Given the minimum length of a parking space is being achieved in the driveway, the minor variances will meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? In the opinion of staff, the effects of the minor variances are minor, as the deficiencies of 0.3 and 0.4 metres are not discernible, the garages do not protrude beyond the habitable portion and the minimum length of a parking space of 5.5 metres is being maintained in the driveways. Page 23 of 248 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances are desirable and appropriate for the development and use of the lands as they will recognize the location of the existing attached garages and parking spaces in the driveways and facilitate a gentle intensification of the semi-detached dwellings with additional dwelling units. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: No concerns. GRCA comments: No concerns. Region of Waterloo comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. Page 24 of 248 PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 • DSD -19-128 - 28 Burgetz Avenue (Consent) • DSD -20-030 _28 - Burgetz Avenue (Variances and Consents) • DSD -2022-023 - 32 Burgetz Avenue (Consents) Page 25 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 26 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 27 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 28 of 248 Staff 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: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 6 REPORT NO.: DSD -2024-493 SUBJECT: Minor Variance Application A2024-095 — 29 The Crestway RECOMMENDATION: That Minor Variance Application A2024-095 for 29 The Crestway requesting relief from Section 4.1 d) of Zoning By-law 2019-051 to permit a maximum height to the underside of the fascia of 5 metres instead of the maximum permitted 3 metres, to facilitate the construction of an accessory structure in the rear yard of the subject property, in accordance with drawings prepared by Fine Line Drafting and Design Inc, dated October 3, 2024, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review and recommend the approval of the minor variance application to facilitate the development of an accessory structure with a maximum building height to the underside of fascia of 5 metres instead of the permitted height of 3 metres. • The key finding of this report is that the minor variance meets the four tests set out within the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 29 of 248 BACKGROUND: The subject property is located on the southwest side of The Crestway and is located within the Pioneer Tower West neighbourhood. The surrounding context of the subject property is primarily comprised of low-rise residential uses. h � _ A- ,. y _ ,, :� +. •arc r� _ PIONEER TOWER WEST+ r. Ow Figure 1: Location Map - 29 The Crestway (Outlined in Red) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan The property is zoned `Low Rise Residential One Zone (RES -1) with Site Specific Provision (272)' in Zoning By-law 2019-051. The purpose of the minor variance application is to review the request to permit an increased height to the underside of the fascia to facilitate the construction of an accessory structure in the rear yard of the subject property on a slope. Page 30 of 248 Figure 2: Accessory Building Site Plan FT. FRONT ELEVATION LEFT ELEVATION a woos REAR ELEVATION Figure 3: Proposed Accessory Structure Elevation Page 31 of 248 fir` i �� S sa ✓� ql- REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Low Rise Residential' in the City's Official Plan. This designation places emphasis on compatibility of building form with respect to massing, scale, and design in order to support the successful integration of different housing types. It also places emphasis on the relationship of housing to adjacent buildings, streets, and exterior areas. The proposed use of the property conforms to the designation, and it is the opinion of staff the requested variance to be able to construct a detached accessory structure meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the maximum height to the underside of the fascia is to ensure that accessory structures are not excessive in height and to ensure neighbouring properties do not have adverse impacts from large rear yard structures. Due to the slope of the property, the rear of the property is significantly lower than the front portion where the dwelling is located. The height of the accessory dwelling will be absorbed by the elevation change due to the slope. The variance does not elevate the structure above the current ground level appearance as it blends seamlessly with the surrounding landscape. This ensures the appearance is not obstructive from adjacent viewpoints and is visually consistent with the surroundings. The mature trees provide natural privacy buffer. The structure meets the 3 -metre height to the fascia regulation at the front and only the rear side exceeds the permitted height due to the slope. Staff is of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The variance can be considered minor as it is the opinion of staff that the increase in height will only impact the rear view of the property as it meets regulation from the front. The increase of 2 metres for the fascia height at the rear of the structure will not present any significant impacts to adjacent properties and the overall character of the neighbourhood. Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? The variance is appropriate for the development and use of the land as it will facilitate the construction of the accessory structure that will enhance the property's functionality. The variance will allow the structure on a slope without requiring re -grading and disruption to the natural landscape. Environmental Planning Comments: No comments or concerns. Page 33 of 248 Heritage Planning Comments: No comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the new accessory structure is obtained prior to construction. Engineering Division Comments: No comments or concerns. Parks/Operations Division Comments: No comments or concerns. Transportation Planning Comments: No comments or concerns. Grand River Conservation Area (GRCA) Comments: No comments or concerns. Region of Waterloo Comments: No comments or concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 34 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 35 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 36 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 37 of 248 Staff 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: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: REPORT NO.: November 1, 2024 DSD -2024-473 SUBJECT: Minor Variance Application A2024-096 — 165 Fairway Road North RECOMMENDATION: That Minor Variance Application A2024-096 for 165 Fairway Road North requesting relief from the following Sections of Zoning By-law 2019-051: i) Section 5.3.3 b) i) to permit the required parking to be located in the front yard, whereas the by-law does not permit parking in the front yard; ii) Section 5.6 a) to permit a parking requirement of 0.6 parking spaces per dwelling unit (20 parking spaces) instead of the minimum required 1 parking space per dwelling unit (33 parking spaces) and 0.09 visitor parking spaces per dwelling unit (3 parking spaces) instead of the minimum required 0.15 visitor parking spaces per dwelling unit (5 parking spaces); iii) Section 7.3, Table 7-6, to permit a northerly interior side yard setback of 0 metres and a southerly interior side yard setback of 1.8 metres instead of the minimum required 3 metres; iv) Section 7.3, Table 7-6, to permit a rear yard setback of 0.1 metres instead of the minimum required 7.5 metres; v) Section 7.3, Table 7-6, to permit a Floor Space Ratio of 0.75 instead of the maximum permitted 0.6; and vi) Section 7.3, Table 7-6, to not require ground floor level units to have a patio area adjacent to the dwelling unit with direct access to such dwelling unit; to facilitate the conversion of an existing industrial building with a front addition to a Multiple Dwelling with 33 dwelling units, generally, in accordance with Site Plan Application SP24/047/F/AA, BE DEFERRED until March 19, 2025, or earlier, in accordance with the following: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 38 of 248 1. Until such time that Site plan Application SP24/047/F/AA, receives `Conditional Approval', and that all relined comments are resolved to the satisfaction of the Manager of Site Plans. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the conversion of an existing industrial building with a front addition to a Multiple Dwelling with 33 dwelling units. • The key finding of this report is that staff are not satisfied with the proposed development, as it is not considered compatible. Staff recommends that the minor variance application be deferred to allow the opportunity for the applicant to address the redlined site plan comments to improve the compatibility of the development. • 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 in the Centreville Chicopee neighbourhood north of King Street East on Fairway Road North. Figure 1: Location Map Page 39 of 248 1N5..ir -� -COM T �• RIFZ� y. RES -3 03512-7 Rr A- �Z' - 7 'All R� .. PES -5 _ J RES RE5-4 ST__ n MIX -2 RES -4 3521,(55 �tr1 1 (114 [49 QF roStMion � •� p a.4 RES -5 RES --e 0 a .�t a n Figure 2: Zoning Map The subject property is identified as a 'Community Area' on Map 2 — Urban Structure and is designated 'Low rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned 'Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of this application is to facilitate the conversion of an existing industrial building, with a front addition, into a multiple dwelling with 33 residential units. The building was originally constructed as a single detached dwelling, with an industrial addition added later. In 2019, a Site Plan Application (SP19/018/F/TS) was submitted to convert the building into a multiple dwelling having a total of 7 units, which received 'Conditional Approval'. As part of this process, a Minor Variance Application was required to recognize the existing setbacks and allow parking spaces at the front of the building. Although the minor variances were approved, the Site Plan Application did not proceed further. The current Site Plan Application proposes converting the building into a 33 -unit multiple dwelling. It has received 'Redlined Conditional Approval' with comments emphasizing the need to improve site functionality and circulation. This redlined conditional approval was issued to meet the municipality's 60 -day timeline requirement for either redlined conditional approval or conditional approval. However, staff continue to work with the applicant to address functionality concerns, as significant issues related to site Page 40 of 248 overdevelopment include lack of indoor and outdoor amenity space, reduced parking, and existing setback limitations. While staff support the provision of additional housing, it is crucial that this site provides quality living in a functional and livable environment. Therefore, a deferral is recommended to allow staff and the applicant to address these variances and make the proposal more compatible with community standards and livability goals. The requested variances are: • to permit a parking reduction to 23 parking spaces instead of the minimum required 38 parking spaces, and for the parking spaces to be located in the front yard; • to permit reduced side yard and rear yard setbacks; • an increased Floor Space Ratio; and • to not require ground floor units to have patio areas that comply with the requirements of 11 square metres for ground floor units. Once the redlined comments are addressed, minor variance are still anticipated to be required; however, they will be more supportable as they will align with the City of Kitchener's Urban Design Guidelines and satisfy the four tests of the Planning Act. 1,150'077 19.70m N55"51'50V 59.3A— �M1n ,• vk - 16, 1ImnuAFF wAkN'NAYI 4 r - . , F 1 — E F NA_NW6Y 4900 moo �W Z S � lex 02 I worACCMJAi1rmpaj lti - - - 'oy tildln 1 F11-RdN[F w� N r SITE PLAN SCALE 1350 Figure 3: Site Plan N55C45"N 23.12M _ Om PROP. N SY SETBALK Lm NiN Nk!!i\'�I%14kNGk R:.TIOIrHIM-E%I iitK+EL�IN. wALLF. I_ 3m REQ. N5Y SETBACK 1111111 I 1 EXISTING INDUSTRIALI 1 M I I [�Eo-. s SY sET9ACd �.___-- 1gCCEPL______________________O _-_---__ 1&n HGY'NEw WCOtl FENCk TR4'vELOF Ell' 1.&n PR�.�EMIi S SY SETP�.. u1 �1 �I 41 I HI NI NI }I }1 ELI 11 01 al EI al Page 41 of 248 i EW Pl EV EV ey Ev 17 1 I _ kNJtl6UM1N C :_� L Q LL. uk dl N55°40'551N 97.87m w� N r SITE PLAN SCALE 1350 Figure 3: Site Plan N55C45"N 23.12M _ Om PROP. N SY SETBALK Lm NiN Nk!!i\'�I%14kNGk R:.TIOIrHIM-E%I iitK+EL�IN. wALLF. I_ 3m REQ. N5Y SETBACK 1111111 I 1 EXISTING INDUSTRIALI 1 M I I [�Eo-. s SY sET9ACd �.___-- 1gCCEPL______________________O _-_---__ 1&n HGY'NEw WCOtl FENCk TR4'vELOF Ell' 1.&n PR�.�EMIi S SY SETP�.. u1 �1 �I 41 I HI NI NI }I }1 ELI 11 01 al EI al Page 41 of 248 Figure 5: An image Showing Existing Side yard Setback Page 42 of 248 J Parking Lot Figure 7: An Image Showing the Subject Property from Fairway Road North REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Page 43 of 248 General Intent of the Official Plan The subject property is designated 'Low Rise Residential' in the City's Official Plan, which contains a number of policies related to density in low-rise residential areas. The Low Rise Residential land use designation accommodates a full range of low-density housing types, including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Setbacks: The existing setbacks reflect a longstanding condition that has functioned without issues over an extended period. The proposed conversion of the building from industrial to residential use enhances compatibility with the residential nature of the surrounding area. It aligns with the Official Plan's intent to support residential uses within this designation. Parking: Policy 13.C.8.6 states that the City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. Transportation staff have reviewed the parking study, which provides a recommendation that the site has comprehensive TDM measures. Transportation staff have no concerns with this reduction. Floor Space Ratio: Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6. However, site-specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible. The proposal to add 33 dwelling units and a front addition to the existing building increases the density in a manner that does not align with the intent of the Official Plan, as it does not ensure compatibility with the surrounding area. The site is considered overbuilt, with limited indoor and outdoor amenity space, reduced parking, and restricted setbacks due to existing conditions. Expanding the building footprint further adds to these limitations and introduces additional challenges in meeting the intended urban form and function. Private patio: Policy 15.D.3.3 states the City will apply design principles in accordance with the Urban Design Policies in Section 11. An emphasis will be placed on adequate and appropriate amenity areas, and landscaped areas will be provided on-site. None of the ground -floor units provide the required 11 square meters of private patio space, nor are balconies provided for the second -floor units. Additionally, the proposal lacks an indoor amenity area, and the exterior amenity space is minimal, situated between a fence, retaining wall, and garbage wells. This arrangement is not considered practical for the proposed one- and two-bedroom units. Overall, the amenity provisions fall short of the standards set out in the Urban Design Manual guidelines In addition, policy 4.C.1.8 f) states that 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. Page 44 of 248 As such, staff are of the opinion that the general intent of this policy cannot be satisfied until the applicant reduces the additional area added to the building to improve the proposed floor space ratio and add more amenity space. General Intent of the Zoning By-law Setbacks: the intention of the setback requirement in the zoning by-law is to ensure that the property has space for walkway, amenities, circulation, parking, pathways and separation from the street and abutting lots. The requests for legalizing, the side yards and rear yard all recognize an existing situation. The building was used at one point as a tool and die shop; however, its use has ended. The building has existed for several years with no negative impact on the surrounding neighbourhood, and the applicant has advised that the building will continue to exist as is. Parking location: The requested minor variance to permit the required parking located between the front facade and the front lot line recognizes an existing situation. The zoning requirement to not permit parking between the front fagade and the lot line, is to ensure that a parking lot doesn't dominate the front street and to provide an adequate buffer from the street. The proposed parking lot is setback approximately 4.8 metres from the front lot line with an additional road widening area, providing a sufficient buffer from the street. This setback, combined with landscaping opportunities, can help mitigate the visual impact on the streetscape, maintaining a balance between functionality and urban design goals. Given that this layout reflects the existing conditions, the minor variance supports a reasonable use of the property without compromising the intent of the zoning bylaw to limit front yard parking. Parking reduction: The intent of the requirement for 1 parking space per dwelling unit and 0.15 visitor spaces per dwelling unit is to ensure adequate parking for residents and visitors. The proposal seeks a reduction to 0.6 parking spaces per dwelling unit (20 spaces total) and 0.09 visitor spaces per dwelling unit (3 spaces total). A parking study was submitted in support of this reduction and was reviewed by Transportation Services staff, who have no concerns regarding the proposed rate. Additionally, the property is well - served by active transportation options nearby, and sufficient bicycle parking is available to encourage alternative transportation methods. Staff are of the opinion that the proposed parking rate adequately meets the needs of the future residents and aligns with the intent of the zoning by-law Private Patio: The intent of the required private patio is to ensure that each unit has enough private amenity space to enhance residents' quality of life. Common amenity space is also important as it promotes well-being, fosters a sense of community, and allows residents to enjoy outdoor environments. The lack of private patio space for ground -floor units does not meet the intent of the zoning by-law, as the site lacks adequate private amenity areas and is not in close proximity to a public park. With the proposed increase in density, the absence of private outdoor space limits the quality and livability of the housing for future residents. Providing accessible, private outdoor space is essential to ensure that the development supports a high standard of residential livability. Floor Space Ratio: The 0.6 Floor Space Ratio (FSR) is a regulation in the Zoning By-law intended to ensure that development is compatible in scale and form with other low-rise housing types in adjacent properties. The proposed increase in FSR adds mass to the Page 45 of 248 existing building, leading to a density that does not comply with required setbacks, parking provisions, or amenity space. This additional massing pushes the building closer to the property line than allowed, resulting in reduced privacy and limiting functional amenities for residents. The cumulative effect of these variations does not meet the Zoning By-law intent of the FSR to provide compatible, livable residential development within a balanced urban form. Based on these concerns, staff recommend deferring this application to allow the applicant an opportunity to revise and improve the proposal, ensuring it better aligns with the Zoning By -Law requirements. Is/Are the Effects of the Variance(s) Minor? The potential individual and cumulative impacts of the requested variances relating to existing setbacks, parking location and reduction, floor space ratio, and the lack of ground floor patios are significant, as they currently do not align with the intent of the Official Plan and zoning by-law. To consider these variances minor in nature, it is essential to reduce the building's massing and address the redlined conditional approval comments to better integrate with surrounding properties and improve site functionality. Therefore, staff are not satisfied that the effects of the proposed variances can be considered minor until these outstanding issues are resolved. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance will facilitate a form of missing middle housing inventory, converting the existing industrial building into a multiple dwelling by making use of existing infrastructure. However, the accumulation of variances results in an overbuilt area relative to the available site area. Therefore, staff recommend a deferral to allow revisions that would better meet these objectives and create a more desirable development for future residents. Environmental Planning Comments: No environmental comments or concerns. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variances provided building permit for the change of use of the existing industrial building into a residential building is obtained prior to construction. Please contact the Building Division at building(a-)kitchener.ca with any questions Engineering Division Comments: No comments. Parks/Operations Division Comments: Park planning concerns including required park dedication as cash in lieu of land will be addressed through SP24/047/F/AA. Page 46 of 248 Transportation Planning Comments: Transportation Services has no concerns with this application. The Region of Waterloo Comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 • DSD -19-217 Page 47 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 48 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 49 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 50 of 248 Staff Report r J R 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: Kirsten Hoekstra, Student Planner, 519-783-8936 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-478 SUBJECT: Minor Variance Application A2024-097 — 593 Ephraim Street RECOMMENDATION: That Minor Variance Application A2024-097 for 593 Ephraim Street requesting relief from Section 4.1 e) of Zoning By-law 2019-051 to permit a portion of an accessory building/structure to be located in the front yard, whereas the Zoning By-law does not permit accessory buildings/structures to be located in the front yard, to legalize the location of an existing shed, generally in accordance with drawings by Holger Fischer, submitted with Minor Variance Application A2024-097, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to permit a portion of an accessory building/structure to be located in the front yard. • The key finding of this report is that the requested variance meets all four tests of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the south side of Ephraim Street, near the intersection of River Road East and Ephraim Steet, in the Rosemount neighbourhood. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 51 of 248 Figure 1 — Location of subject property (outlined in RED) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to recognize an existing shed (accessory building) within the front yard of a single detached dwelling. Staff have been advised that the applicant received building approval for the subject shed in July of 2024. Zoning staff noted on the plans that the shed is not permitted within the front yard. However, staff have been advised that the applicant missed this regulation and that the shed was built at this location because of an existing smaller shed located 0.9 metres behind the new one. To meet this regulation the applicant would have to relocate the old shed and pour a new concrete pad for the new shed. As such a variance has been requested. Staff also note that there is an existing building permit for this property from 2021 for a new front porch. The applicant has advised staff that construction for this porch is underway and planned to be continued in the spring. The proposed porch will project approximately 2.1 metres into the front yard and staff noted during a site visit that footings have been placed. Page 52 of 248 Figure 2 ' 'SURVEYOR'S REAL PROPERTY REPORT (PART l i PLAN OF LOT 19, MUNJCIPAL COMPILED PLAN NO. 764 Cf TY OF KITCHENER SCALE : I INCH = 24 FEET mETZ a LORENTZ LTO., 1997 E PH R A I M STR EE T ASTRONOMIC REFEREACLr BEARING _ N 66' 32' 30" ECN,c.e asst A530CIATION Of ONFAHIO LAND SURVEYORS PLAN SU8kF1$$ Rkt fOAM 1136333 THIS FLAW IS HUT VRLIO SINLESS rr 1S An IMPOSSER OHIGINAL COPY ISSUED lY ME SURVEYOR In Lxr:mdru .fth R84PPISIjo 1431, SOL110r 79571. Planning Staff conducted a site visit on October 31, 2024. new shed. Figure 3 — View of 593 Ephraim Street from the street. Page 53 of 248 � / w � T 0 C0 N y o I STx, VILItL CL+10 ry � w °�°"'``�, f k �" vdi q n nGVS[, tiv, SfS u o ry - "— 1: r B R .rAn L CIWUA 4L r. WALL) — Survey plan for 593 Ephraim Street showing the location of the Planning Staff conducted a site visit on October 31, 2024. new shed. Figure 3 — View of 593 Ephraim Street from the street. Page 53 of 248 W5, Figure 4: Existing setback of the shed into the front yard. Figure 5: Existing rear setback (approximately 0.9 metres) of the new shed to the pre-existing smaller shed Page 54 of 248 Figure 6: Photo showing the alignment of the shed to the footings of the proposed front porch. REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The general intent of the Low -Rise Residential designation is to ensure compatibility of building form with respect to massing, scale and design in order to support the successful integration of different housing types while maintaining the low-density character of the neighbourhood. The accessory building is one -storey and does not detract from the low- rise character of the neighbourhood. Additionally, the use of the property as a single detached dwelling is not proposed to change as part of this application. Thus, Planning Staff are of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zonina By-law The intent of the regulation that prohibits accessory buildings and structures in the front yard is to maintain an aesthetically pleasing streetscape, and to preserve visibility triangles Page 55 of 248 for movement of pedestrians, cyclists, and motorists. Staff note that the structure protrudes into the front yard only slightly by 1.9 metres and would generally be in line with the planned development of a new front porch that is proposed to project into the front yard by approximately 2.1 metres. Additionally, the shed is well set back from the street line (approximately 7.5 metres). With regards to visibility, staff have confirmed the structure is outside of any Driveway Visibility Triangles (DVTs) on the subject lands or neighbouring lands. Therefore, Staff are of the opinion that the requested variance meets the intent of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? The accessory building does not cause any loss of functionality or use of the subject lands or the abutting lands. Additionally, the aesthetic effects are minor in the opinion of staff. Thus, Planning Staff is of the opinion that the effects of the variance are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance to recognize an existing accessory building in the front yard of an existing single detached dwelling is considered appropriate for the use of the land, as it provides additional on-site storage. The use of the subject property as a single detached dwelling is maintained, and the accessory building does not prevent the use or future redevelopment of abutting lands. Environmental Planning Comments: No environmental comments or concerns. Heritage Planning Comments: No Heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: No comment. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. GRCA Comments: GRCA has no objection to the approval of the above application. Region of Waterloo Comments: No concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. Page 56 of 248 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 • Official Plan (2014) • Zoning 2019-051 Page 57 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 58 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 59 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 60 of 248 Staff 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: Sheryl Rice Menezes, Senior Planning Technician, 519-783-8944 WARD(S) INVOLVED: 3 DATE OF REPORT: November 12, 2024 REPORT NO.: DSD -2024-488 SUBJECT: Minor Variance Application A2024-098 —153 Eighth Avenue RECOMMENDATION: That Minor Variance Application A2024-098 for 153 Eighth Avenue requesting relief from Section 4.12.3 e) of Zoning By-law 2019-051 to facilitate the conversion of an existing detached garage into an Additional Dwelling Unit (ADU) (Detached) having a Gross Floor Area (GFA) of 83.7 square metres instead of the maximum permitted 80 square metres, generally in accordance with drawings attached to Minor Variance Application A2024-098, BE APPROVED subject to the following conditions. That the Owner shall: i) Modify and install a distinguishable driveway and required walkway(s); ii) Modify the parking area in the rear yard to remove unnecessary asphalt, not required for parking, and install appropriate landscaping; iii) Modify the existing deck/porch and the existing fence in the front yard; to be in compliance with the regulations of Zoning By-law 2019-051 and the Fence By-law, 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 61 of 248 REPORT HIGHLIGHTS: • The purpose of this report is to review a minor variance application to facilitate the conversion of an existing detached garage to an Accessory Dwelling Unit (ADU) (Detached). • The key finding of this report is that the requested minor variance meets all the four texts of the Planning Act. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the east side of 153 Eighth Avenue, south of Connaught Street. The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The purpose of the application is to facilitate the conversion of the existing detached garage to an Additional Dwelling Unit (ADU) (Detached) with a footprint of 83.7 square metres rather than the permitted maximum of 80 square metres. Figure 1 - Aerial photo of subject property Page 62 of 248 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The intent of the Low Rise Residential land use designation is to encourage residential intensification and/or redevelopment which includes ADUs to respond to the changing housing needs and as a cost-effective means to reduce infrastructure and service costs by minimizing land consumption and making better use of existing community infrastructure. The variance meets the general intent of the Official Plan. Figure 2 - Street view of subject property General Intent of the Zoning By-law The intent of the footprint regulation is to ensure that detached ADUs do not dominate the rear yard. The massing and size of detached ADUs is regulated by floor area and building height. A footprint of 83.7 square metres is minimally over the maximum 80 square metres permitted and would not be visible. As the building, currently a detached garage, already exists, meets the 5 metre setback from the principle dwelling, it is not practical to reduce the footprint. Staff are of the opinion that the variance meets the general intent of the Zoning By-law. Page 63 of 248 x'17 17 t}1o� t r�m Is/Are the Effects of the Variance(s) Minor? As shown in the drawings submitted with the application, the detached ADU is to be located in the existing garage which is located at the rear of the property and is shown on the drawings to meet the minimum 0.6 metre side yard and rear yard setbacks. As well, the minimum 5 metre setback to the main dwelling is met. The building already exists and permitting an increase of 3.7 m is considered minor (see Figure 4). Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff are of the opinion that the variance for the detached ADU is desirable and appropriate for the property and will provide a gentle form of intensification which can be considered appropriate for the use of the property and compatible with the surrounding neighbourhood. EXISTING DRIVEWAY From staff review, it has been noted that the existing driveway of recycled asphalt appears to exceed the maximum driveway width of 40% (5.5 metres) (see Figure 2). The applicant advised that some recycled asphalt has moved onto a walkway that exists to the left and that he will be creating a new 1.1 m walkway to the right. He is aware of the maximum driveway width and will update his zoning plan (below) for the Zoning Certificate that is required for building permit review to show both walkways (and material used) and maximum driveway width and ensure it is corrected on the property. This will also be followed up by staff as part of the building permit/zoning inspections. Regarding the rear yard which is also covered in recycled asphalt and is not permitted to be used for a `parking lot'. The applicant is aware that a maximum of three parking spaces are permitted in the rear yard. He will update his zoning plan to show the spaces and any remaining area will have to be changed to an alternate material to differentiate parking area from non -parking area. This will also be updated on the zoning plan for the Zoning Certificate. EXISTING DECK It was noted from the site visit, there is an additional existing deck/porch behind a fence in the front yard that is not shown on the zoning plan. The deck is permitted provided it is less than 1 metre in height above the grade, is located 3 metres from the front lot line and 1.2 metres from the side lot line. The applicant will have to provide these details on the zoning plan and if regulations not met, the deck to be removed, reconstructed to comply, or consideration of a new minor variance application required. Page 65 of 248 eioFT- �oF. - Figure 5 - Proposed zoning plan submitted with Zoning Certificate and this application. EXISTING FENCE IN FRONT YARD In addition, there is a 1.5 metre high solid wood fence in the front yard not shown on the zoning plan. Whereas the maximum fence height in the front yard is 0.9 metres if the deck/porch it surrounds it is 0.6 metres high or less. The applicant has been advised that these details to be supplied on the zoning plan to determine maximum height of fence. If the fence is not permitted, then a separate Fence Variance Application is required to be considered or the fence could be removed or reduced in height to comply. Staff will work with the applicant on his zoning plan to ensure this item is resolved. Page 66 of 248 Figure 6 - Existing front yard fence. Height 1.5 metres (4 ft, 11 in). } Environmental Planning Comments: No comments. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use of the detached garage into a detached ADU is obtained prior to construction. Please contact the Building Division at building(-kitchener.ca with any questions. Engineering Division Comments: The side yard currently accommodates overland stormwater flows from the rear yard. A sidewalk is required to the rear yard in accordance with the Zoning By-law. The final grading of this property shall not adversely affect the drainage of adjacent properties or the overall grading control plan. The Owner is responsible to address storm water drainage at the Building Permit stage. Parks/Operations Division Comments: The existing driveway on the property is not as shown on plans. See Staff comments above. Transportation Planning Comments: Transportation Services have no concerns with this application. Page 67 of 248 STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 2019-051 Page 68 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 69 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 70 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 71 of 248 Staff 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 9 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-494 SUBJECT: Minor Variance Application A2024-099 — 165 Courtland Avenue East RECOMMENDATION: A. Zoning By-law 85-1 That Minor Variance Application A2024-099 for 165 Courtland Avenue East requesting relief from Section 44.3.1 of Zoning By-law 85-1 to permit a Floor Space Ratio (FSR) of 1.2 instead of the maximum permitted 1.0, generally in accordance with drawings prepared by SRM Architects, dated October 2, 2024, BE APPROVED. B. Zoning By-law 2019-051 That Minor Variance Application A2024-099 for 165 Courtland Avenue East requesting relief from Section 6.3.2, Table 6-3, of Zoning By-law 2019-051 to permit a building length of 70.7 metres instead of the maximum permitted 36 metres, BE REFUSED; and That Minor Variance Application A2024-099 for 165 Courtland Avenue East requesting relief from Section 6.3.2, Table 6-3, of Zoning By-law 2019-051 to: i) Permit a building height of 17.5 metres instead of the maximum permitted 11 metres; and ii) Permit a rear yard landscaped area of 30.8% instead of the minimum required 40%; generally, in accordance with drawings prepared by SRM Architects, dated October 2, 2024, BE APPROVED. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 72 of 248 REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application to facilitate the development of the subject lands with a multiple residential building with 36 dwelling units. • The key finding of this report is that 3 of the requested variances meet the 4 tests of the Planning Act, but one of the requested variances does not. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located on the South side of Courtland Avenue East between Cedar Street South and Madison Avenue South. `. `.1 r [ 54 1 1 5 i hut. l' 14$ 191 1 5 5 y QG 162 14, 5 159lC,� vdrA o 14;5 QI �0 Cjr '1 59 C 170 1 173 174 Q0 v1 1R 1$$ 17 Ir 175 88 {i 1`� t 90 181 17)� a � '�, 1'14 1 8 3 C± 188 T 92 187 1 I I. ill �ti� 169 173 189 4 1 T7 1115 193 18'1 1'14 197 `. 10:3 1016 187 J1 2U_0 204 J 1 93 Mike'Nagner Green (Courtland 14i Iran H r- Trail Figure 1: Location Map: 165 Courtland Avenue East The subject property is identified as `Major Transit Station Area' on Map 2 — Urban Structure and is designated `SGA -A' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Commercial Residential Zone One (CR -1)' in Zoning By-law 85-1. The property is zoned `Low Rise Growth Zone (SGA -1)' in Zoning By-law 2019-051. The purpose of the application is to facilitate the development of the lands by constructing a new multiple residential building with 36 dwelling units. Page 73 of 248 The subject lands received `Conditional Approval' of Site Plan Application SP20/064/C/ES in January 2021 for a development concept with 30 dwelling units. At that time, only Zoning By-law 85-1 was in effect. To facilitate that Site Plan Application, Minor Variance application A2021-089 was approved on August 17, 2021, for a reduction in parking (Report DSD -2021-155). Through detailed design, the applicant requested to remove more parking spaces and made Minor Variance Application A2022-095 for a further reduction in parking that was approved on July 8, 2022 (Report DSD -2022-351). On January 17, 2023, the Committee of Adjustment approved an application for consent to create an easement for stormwater servicing over the abutting lands to the rear at 204 Madison Avenue South in application B2023-001 (Report DSD -2023-039). On June 6, 2024, Bill 185 introduced changes to the Planning Act that prohibit parking minimums in Protected Major Transit Station Area (PMTSA). The applicant is now seeking to reduce parking further by removing the parking spaces under the building and changing that space to livable space for 6 more dwelling units (total of 36 dwelling units). Eleven (11) surface parking spaces would remain. Currently, both Zoning By-law 85-1 and Zoning By-law 2019-051 are in effect and Planning Staff are dual testing for both by-laws. Variances to both Zoning By-laws are required as a result of the requested changes to the building. Figure 2: View of Subject Lands from Courtland Avenue East (October 30, 2024) Page 74 of 248 REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: Figure 3: Proposed Concept Site Plan C) 0 © �l GFCkMo Rmk F'.P_'1 lJ i Figure 4: Ground Floor Plan - Dwelling Units (6) replacing Parking Spaces (12) Floor Space Ratio (Zoning By-law 85-1) General Intent of the Official Plan The `Strategic Growth Area A' land use designation is generally intended to accommodate intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and where existing lots are generally too small to support high rise buildings. The Official Plan encourages residential intensification and providing opportunities for increasing density within existing neighbourhoods with access to services. The Strategic Growth Areas do not contain maximum Floor Space Ratio provisions, but regulate building height, length, and physical separations from interior lot lines that are based on building height. In the opinion of Planning Staff, the request for an increase in Floor Space Ratio meets the general intent of the Official Plan. General Intent of the Zonina By-law The intent of the regulation that requires a maximum of 1.0 Floor Space Ratio is to control the overall density on the lands. The lot is irregular in shape and is a deep, narrow lot. The Page 75 of 248 building has been brought to the front of the site to address the public right of way at Courtland Avenue East. The maximum building height and yard setbacks are compliant with Zoning By-law 85-1. The applicant has demonstrated that the proposed density is compatible with the surrounding lands and is not expected to create adverse impacts based on Floor Space Ratio. In the opinion of Planning Staff, the request for an increase to a Floor Space Ratio of 1.2 meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The overall density and Floor Space Ratio of 1.2 is not expected to generate adverse impacts. Depending on building design, typology, and building separation, potential development at a variety of Floor Space Ratio figures could function appropriately. Therefore, Staff are of the opinion that the effects of the requested variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The subject lands are within a Protected Major Transit Station Area (PMTSA) and are identified for intensification. The surrounding neighbourhood contains a range of building forms, uses, heights, and typologies. The requested variance for Floor Space Ratio is considered desirable and appropriate for the use of the lands. Building Height (Zoning By-law 2019-051) General Intent of the Official Plan The `Strategic Growth Area A' land use designation is generally intended to accommodate low rise intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and where existing lots are generally too small to support high rise buildings. Policy 15.D.2.67 allows for site specific increases to the permitted building height up to 4 storeys without a Zoning By-law Amendment. Staff are of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The regulation that permits a maximum of 11 metres in building height is to maintain a generally low-rise building form, in order to be compatible with the surrounding neighbourhood. The subject lands are adjacent to St. Joseph's Place, a 4 -storey multiple dwelling with rear yard surface parking. Planning Staff are of the opinion that the proposed 4 storey building maintains a low rise form of building and is compatible for with the surrounding lands. In the opinion of Planning Staff, the request for an increase in building height to 17.5 metres meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The subject lands are located on a Regional Road (Courtland Avenue East) and are adjacent to existing 4 storey dwellings. The proposed building height is expected to be compatible with the surrounding lands and no adverse impacts are expected as a result of the proposed building height. Staff are of the opinion that the effects of the requested variance are minor. Page 76 of 248 Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The subject lands are within a Protected Major Transit Station Area (PMTSA) and are identified for intensification. The proposed development of a multiple dwelling 4 storeys in height is consistent with the surrounding developed area, and in the opinion of staff is appropriate for the use of the lands. Rear Yard Landscaped Area (Zoning By-law 2019-051) General Intent of the Official Plan The `Strategic Growth Area A' land use designation is generally intended to accommodate low rise intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and where existing lots are generally too small to support high rise buildings. The Official Plan encourages residential intensification and providing opportunities for increasing density within existing neighbourhoods with access to services. In the opinion of Planning Staff, the request for reduction in rear yard landscape area enables residential intensification and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires the rear yard landscaped area to be 40% is to encourage soft landscaped spaces that provide vegetative buffers, to not dominate the lot with parking and hard surface areas, and to provide for adequate outdoor amenity space. The width of the subject lands constrains the parking to a single loaded drive aisle, which is generally less efficient and makes it difficult to provide soft landscaping as much of the space is allocated for the drive aisle, parking spaces, turn around areas for garbage collection, and snow storage areas. However, the site has been designed to include a 3-5 metre soft landscape buffer on the North side property line which abuts rear yards of detached homes on Cedar Street. The parking area directly abuts the South side property line, which contains the surface parking area for the adjacent 4 -storey multiple dwelling. In regards to outdoor amenity, the applicant is proposing a rooftop amenity space to provide for outdoor amenity space to make up for the lack of landscaped area in the rear. In the opinion of Planning Staff, the request for a decrease in rear yard landscaped area meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The applicant has provided design considerations to mitigate the lack of rear yard landscaped area, that address potential impacts that may arise from the shortfall. Therefore, Staff are of the opinion that the effects of the requested variance are minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The surrounding neighbourhood is characterized by deep, narrow lots. The variance for reduction in rear yard landscaped area addresses the surrounding neighbourhood by providing vegetative buffers to sensitive adjacent rear yards, aligns the surface parking area with adjacent existing surface parking, and represents a development layout and typology that is compatible with the surrounding lands and is considered appropriate for the use of the lands. Page 77 of 248 Building Length (Zoning By-law 2019-051) General Intent of the Official Plan The `Strategic Growth Area A' land use designation is generally intended to accommodate low rise intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and where existing lots are generally too small to support high rise buildings. The Official Plan encourages residential intensification and providing opportunities for increasing density within existing neighbourhoods with access to services. In the opinion of Planning Staff, the request for reduction in rear yard landscape area enables residential intensification and meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires a maximum building length of 36 metres is to deter narrow building typologies, encourage lot consolidation, to control massing, and avoid orienting the majority of units towards the internal side lot lines. The proposed building length of 70.7 metres with a width of just 7.2 metres creates a narrow typology that follows the narrow shape of the lot. The majority of units are oriented toward the internal side property line to the North. The request to increase the maximum permitted building length does not meet the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The requested variance will facilitate an internal side yard condition that will have a greater impact as it will be 70.7 metres of continuous building wall along the side yard lot line abutting the lands to the north. The impacts of the continuous building wall could have impacts to the privacy and the development potential of the abutting lands. The effects of the variance are not considered minor in the opinion of Planning Staff. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The subject lands are within a Protected Major Transit Station Area (PMTSA) and are identified for intensification. The surrounding neighbourhood contains a range of building forms, uses, heights, and typologies. The requested variance for building length is considered desirable for the appropriate development and the use of the lands. Environmental Planning Comments: No Environmental Concerns. There is an Environmental Restoration Area in the rear of the site. Tree management will be addressed as part of the site plan application. Heritage Planning Comments: No Heritage Planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variance. An application has been made for the new 4 -storey apartment building. Engineering Division Comments: No Engineering comments. Page 78 of 248 Parks/Operations Division Comments: Park planning concerns including required park dedication as cash in lieu of land will be addressed through a site plan application. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: The Region of Waterloo has no concerns. GRCA Comments: GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that a portion of the subject property is within the floodplain and regulated allowance adjacent to the floodplain. This reach of floodplain is within a Two -Zone Floodplain Policy Area identified in the City of Kitchener Official Plan. A copy of GRCA's resource mapping is attached. Due to the presence of the above -noted features, a portion of the subject property is regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and Permits Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 41/24. Any development within the regulated area on the subject lands must also conform to the GRCA and City of Kitchener Two -Zone Floodplain Policies. The proposed minor variance application requests relief from multiple provisions of the Zoning By-law to facilitate development of a multiple residential building on the property. GRCA recently issued Permit #473-23 for the proposed development and the plans circulated with this application are consistent with the plans approved under the GRCA permit noted above. As such, the GRCA has no objection to the approval of this minor variance application. The applicant is advised that GRCA Permit #473-23 expires on July 11, 2025. A new GRCA permit will be required if the development is not complete prior to July 11, 2025. We wish to acknowledge receipt of the applicable plan review fee associated with B2023- 001. As such, an additional plan review fee for this application is not required. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 79 of 248 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 • Official Plan (2014) • Zoning By-law 85-1 • Zoning By-law 2019-051 • DSD -2021-155 • DSD -2022-351 • DSD -2023-039 ATTACHMENTS: Attachment A — Concept Site Plan Page 80 of 248 .LSVS SAV ct4v"-Lano:) ` \ } �� �}`-::° § . --:: i � �� \��§\J \,s \\{ .� � / / ,,s\. \ \ \� �� � j j ^ \ / D 0� }\\/\}�}� / \:\\\\\} }��� (\ ;^ } �}! �_ � .LSVS SAV ct4v"-Lano:) cn 2 -2 i �� \��§\J \,s \\{ .� � / / ,,s\. \ \ \� � � j j ^ \ / 21 \:\\\\\} \:�\ (\ \ �� �_ � .LSVS SAV ct4v"-Lano:) cn 2 -2 i .LSVS SAV ct4v"-Lano:) 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 82 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 83 of 248 November 1, 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 GRCA File: A2024-099 — 165 Courtland Avenue East Marilyn Mills City of Kitchener 200 King Street West Kitchener, ON N2G 407 Dear Marilyn Mills, Re: Application for Minor Variance A 2024-099 165 Courtland Avenue East, City of Kitchener Daniel Boyer via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted minor variance application. Recommendation The GRCA has no objection to the proposed minor variance application. GRCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (Ontario Regulation 686/21), including acting on behalf of the Province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that a portion of the subject property is within the floodplain and regulated allowance adjacent to the floodplain. This reach of floodplain is within a Two -Zone Floodplain Policy Area identified in the City of Kitchener Official Plan. A copy of GRCA's resource mapping is attached. Due to the presence of the above -noted features, a portion of the subject property is regulated by the GRCA under Ontario Regulation 41/24 — Prohibited Activities, Exemptions and Permits Regulation. Any future development or other alteration within the regulated area will require prior written approval from GRCA in the form of a permit pursuant to Ontario Regulation 41/24. Any development within the regulated area on the subject lands must also conform to the GRCA and City of Kitchener Two -Zone Floodplain Policies. The proposed minor variance application requests relief from multiple provisions of the Zoning By-law to facilitate development of a multiple residential building on the property. GRCA recently issued Permit #473-23 for the proposed development and the plans circulated with this application are consistent with the plans approved under the GRCA Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 84 of 248 permit noted above. As such, the GRCA has no objection to the approval of this minor variance application. The applicant is advised that GRCA Permit #473-23 expires on July 11, 2025. A new GRCA permit will be required if the development is not complete prior to July 11, 2025. We wish to acknowledge receipt of the applicable plan review fee associated with B2023-001. As such, an additional plan review fee for this application is not required. Should you have any questions, please contact me at 519-621-2763 ext. 2228 or aherreman@grand river. ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Copy: Daniel Boyer, 165 Courtland Ltd. (via email) Marc Villemaire, SRM Architects Inc. (via email) Page 85 of 248 Oww- cu N w E d T _ "N 00 '? ��5 a L7 0 _ 'U "c?ate Nw UIL E2 0 cff 0 co rn W E Q m� m ac�v-'oma LO cc W C7 y— $ -2_ C7 t' a 4� cc > v E (B -CZ"� c U m m E G7 � CC 0 rr 0 W N o g o¢ o CF)'x L o O 'm n w n ua .af a� a� as v "- = r D m z Q O [a E n a tla qa da sn m W W W W " a e C [rs R A ?E '- N m W W' © 6!] O G7 O Y Y Q m r Nfif lyJ J J J CL C) oo f Lu W u7 en sr„B°E�W ON `� 4 4►NN �]FG ; l w v a Lu rf M, K S 4 .. � r.,. � s 5 r. w :s wrl ! 'rs �` y � r�� • ,r ti ,• i Cl) Staff 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: Tim Seyler, Senior Planner, 519-783-8920 WARD INVOLVED: Ward 9 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-487 SUBJECT: Minor Variance Applications A2024-100 to A2024-103 100-106 St. George Street RECOMMENDATION: That Minor Variance Applications A2024-100 to A2024-103 for 100-106 St. George Street requesting relief from Section 39.2.2 of Zoning By-law 85-1, to permit a minimum front yard of 6 metres instead of the minimum required 6.58 metres, generally in accordance with drawings prepared by Habitat for Humanity, dated September 26, 2024, BE APPROVED subject to the following condition: 1. That the Owner shall prepare a Tree Preservation and Enhancement Plan, in accordance with the City's Tree Management Policy, demonstrating protection and preservation of the City -owned tree(s) that is/are located adjacent to the severed and/or retained lands, to the satisfaction of and approval by the City's Director Parks and Cemeteries. Said plan shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. No changes to the said plan shall be granted except with the prior approval of the City's Director, Parks and Cemeteries. REPORT HIGHLIGHTS: • The purpose of this report is to review minor variance applications to facilitate the construction of 2 new semi-detached dwellings. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 87 of 248 BACKGROUND: The subject properties are located on St. George Street near the intersection of Peter Street and St. George Street. It is also located within the Cedar Hill Neighbourhood which is comprised of a variety of low-rise residential dwelling types. The subject properties are identified as `Major Transit Station Area' on Map 2 — Urban Structure and are designated `Strategic Growth Area A' on Map 3 — Land Use in the City's 2014 Official Plan. The properties are zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1. 94 96 Figure 1: Location Map — 100-106 St. George Street The purpose of the applications is to facilitate the construction of two (2) new semi- detached dwellings. The applications are required as the proposed front lot setback of 6.0 metres does not meet the RIENS requirements of the 85-1 Bylaw, which is calculated at 6.58 metres. When the new SGA zoning comes into effect (currently still under appeal) the minor variances for the front yard setbacks will no longer be required. In 2023 a Consent Application was approved to sever the property into 2 parcels, each proposed for a semi-detached dwelling. The severance has not been finalized at this time as conditions are still being cleared. Future severances will be required for the semi- detached units to be dealt with independently. Page 88 of 248 Figure 2: Existing Conditions— 100-102 St. George Street k, Figure 3: Existing Conditions — 104-106 St. George Street Page 89 of 248 N_48` 2P' d0" w 19, 995m 49' 51' W �Y.B9G fil 1 140 I 102 1 ANUSWM 104 °y I 106 AAFA o Ij g I I RETNNIAI9 wA11 $ I LAMc�cAPQa 1 AREA I 1. fi &.T i.? m aE—.ANINGWALL ,,I. REAR VAP0 I REAR.. YARD REAR YARD ACCE88 .ACCESS 1 1.2 RE{xDR� I PROPOSE[] PROPOSEPRO"D I PROPOSED PROPOSED " I 2 STOREY 2 STOREY 2 STOREY 2 STOREY i tfiFA1S SNEYARD �SE�� I SEMI-DETACHED SEMWETACHED S€MI-DETACHED SEMI-DETACHED sETHA�K E D TELLING UNIT DWELLING UNIT 1 DWELLING UNIT DWELLING KNIT + s (1 UNIT) (1 UNIT) WI j1 UNIT) (1 UNIT) 12 i n_a.ilnia s REOUIFEW + uI al-F.Cdau FKMQEU & r------ r- IM-r?ICS �I INTERIOR r------ r------ 1 1 I SIDC 1A ID YARD I 1 0 zl SIDE 3ETe-Ck W -TWX I I ATTACHE I ATWA HEB I ATTACHE ATTACHED 1 I G4AM1d1SE I GARAflE I %M1R:AL3E I CIARIAE 1 1 P19NCIPAL PRINCIPAL I FArr.IPAL PRINCIPAL 4 {�-------ENTRA+IGE ------- I ENTRANCE ENTRiWAEkFEKTOF 2ND FLOOR 1 3ARAG: 1 �AARp3= I x _3AwA�- I CAMAn- ABODE S#NM � r ll JDCH n rgT�bh1C- � FNiR..cn c � EMiRdOR � a o asiJ7CH oYri rJ41 L o 7N XOR o �ti H ]::{;n rn DA9NED (T'rRl I I I FIErAININU WALL rs u6T a 4 � iT d¢ J a r RERANINGWALL— ASPXALT 'a'o '� ASPHALT ASPHALT m ASPHALT r s DRIVEWAY s DRIVEIVAY _� DRIVEWAY T 11RIVEWA1 ens E#ISTM- CONCREiE ctw 9 7.9 F 7 9.E'J 5T. GEORGE STREET Figure 4: Proposed Site Layout — 100-106 St. George Street REPORT: Planning Comments: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The subject property is designated `Strategic Growth Area A' in the City's Official Plan. This designation permits a range of low and medium density residential housing types including those permitted in the Low Rise Residential and Medium Rise Residential land use designation. The proposed variances meet the intent of the Official Plan which encourages a range of different forms of housing and encourages a mix of residential uses in residential Page 90 of 248 areas. The proposed variances conform to the designation, and 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 front yard setback regulation in Zoning By-law 85-1 is to ensure that there is a consistent street edge within the existing neighbourhood. The reduction of 0.58 metres to permit a 6.0 metre setback will still provide a consistent street edge within the neighbourhood and there will be no impacts to the surrounding properties. Furthermore, the RIENS requirement has not been brought forward to the new SGA zoning. The SGA -1 zoning would permit a minimum front yard setback of 4.5 metres, or 6.0 metres if off street parking is accommodated. The SGA zoning is currently under appeal and at this time is not in effect. Staff is of the opinion that the variance for parking meets the general intent of the Zoning By -Law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the variances will permit a setback that is only 0.58 metres closer than what is permitted. The proposed variances will not present any significant impacts to adjacent properties or the overall neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate for the development and use of the land as their approval will permit new semi-detached dwellings within an established neighbourhood and promotes gentle intensification. Environmental Planning Comments: No comments provided. Heritage Planning Comments: The property municipally addressed as 100-106 St. George Street is located within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL), per the Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and approved by Council in 2015. Amendment No. 49 to The Official Plan (Growing Together) was approved by Council in 2024. Through Section 11.C.1.35 of the amendments to the Official Plan policies, new development or redevelopment in a cultural heritage landscape must ensure compatibility and preservation of heritage inventory. Characteristics of the Cedar Hill Neighbourhood include elevation of land and a variety of street width and housing types. There are no heritage concerns with the requested reduced front yard setback as there is a range of setbacks within the CHL, with many having prominent frontage close to the street line. Heritage Staff would note that the traditional design elements of this CHL includes brick construction and projected front porches. Heritage staff would encourage an incorporation of common design elements found in the CHL into the design of the buildings, to better integrate it within the surrounding area. It should also be noted that the subject land was reviewed for the Kitchener Inventory and determined to have no cultural heritage value or status under the Ontario Heritage Act in 2013. Page 91 of 248 Building Division Comments: The Building Division has no objections to the proposed variances. Applications have been made for the new semi-detached dwellings. Engineering Division Comments: No comments or concerns from Engineering division. Parks/Operations Division Comments: As a condition of B2023 — 035 — 100 St George St a Tree Protection and Enhancement Plan was required as a condition of the Consent — see below; this is outstanding. The 2023 application did not include preliminary site layout and the driveways identified on the 2024 Minor Variance application will impact the existing trees and changes to site layout may be necessary to protect existing City assets. "B2023 — 035 — 100 St George St There are four existing City -owned street trees located on St George Street that will be impacted by future construction. If these trees cannot be protected to City standards throughout construction as per Chapter 690 of the current Property Maintenance By- law, full compensation and/or replacement is expected. A Tree Protection and Enhancement Plan (TPEP) will be required as part of a Building Permit application, please see Urban Design Manual Part C, Section 13 and https://www.kitchener.ca/en/water-and-environment/tree-bylaws-and- management.aspx." Transportation Planning Comments: Transportation Services have no concerns with this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. 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 Page 92 of 248 • Provincial Planning Statement (PPS 2024) • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 • DSD -2023-406 Page 93 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 94 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 95 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 96 of 248 Staff 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: Brian Bateman, Senior Planner, 519-783-8905 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-070 SUBJECT: Consent Application B2024-029 — 62 Fourth Avenue RECOMMENDATION: That Consent Application B2024-029 for 62 Fourth Avenue requesting consent to sever a parcel of land having a lot width of 7.6 metres on Fourth Avenue, a lot depth of 40.3 metres and a lot area of 307.6 square metres., BE APPROVED, subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 97 of 248 6. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 7. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $8,032.00. 10. That that the Owner make satisfactory financial arrangements with the City in the amount of $5,400.00 in Urban Forest Compensation for the tree removal in the City's boulevard. 11. That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of Waterloo. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That the Owner 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." REPORT HIGHLIGHTS: • The purpose of this report is to discuss a request to divide a property for the purposes of creating separate parcels of land to facilitate the sale of each half of a semi- detached duplex dwelling under construction. • The key finding of this report is that the consent represents good planning and staff is recommending approval accordingly. • 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 Page 98 of 248 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 at 62 Fourth Avenue in the Vanier Neighborhood. The property did contain a detached home shown below in Figure 1 that has been demolished in favour of a semi-detached duplex dwelling currently under construction shown in Figure 2. Subject Property w4r;� *M4,0 U Figure 1: Aerial Photo of 62 Fourth Avenue Bookrnerksl8as-f'css � t '.7. f' ►! k -� r 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 Zone Four (RES -4)' in Zoning By-law 2019- 051. The purpose of the consent application is to split the property (see Figure 3) so that each half of the semi-detached duplex dwelling can be on separate parcels of land to be dealt with independently. Each parcel to be created complies with the RES -4 zoning regulations in terms of lot width and area. How the dwellings will look is shown in Figure 4. Page 99 of 248 Figure 2: Photo of Current View of Subject Property SEVERANCE SKETCH F6x PROPERTY AT un 82 i'OURF" A4ENU£. CM OF KETCRENER REWMAL MRWOPALrrY Or WATFR4�D 4a37 40.37_, KEY MAP T- 4 eM.cl.+�ci aao.n+.ns a e.w o .w M[TMm .,F D+ Rul w9E N IETpE5 Altl Gn AE LbNpMMIL A .ti N c11AlVIc rT' 6t04 0 u va LL SCALE. 7 - 250 atmIC . .. ... .- 5.31 fair M°KECHNIE SURVEYING LTD. ONTARIO LAM SURVEYORS CRAVM BY MC ED RY F1LE N o- iR O.1R. f- CAOQ! 4024124-053_SEl'�N 95 WIN C KECHNIE KIR He, . OwTA M 9 SURVEYING . (sial sae-ssao Figure 3: Proposed Consent Drawing Page 100 of 248 -1 -- - - IIIIIT �IIII L_ � •� � - �1 � i��I II� x . _.,Us Figure 4: Elevation Drawings REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) The Provincial Planning Statement (PPS), 2024 is a streamlined province -wide land use planning policy framework that replaces both the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 while building upon housing -supportive policies from both documents. The PPS 2024 came into force on October 20, 2024. According to the Province, the PPS 2024 provides municipalities with the tools and flexibility they need to build more homes. It enables municipalities to: • plan for and support development, and increase the housing supply across the province-, • align development with infrastructure to build a strong and competitive economy that is investment -ready-, Page 101 of 248 Sections 2.1.6 and 2.3.1.3 of the PPS 2024 promote planning for people and homes and supports planning authorities to support general intensification and redevelopment while achieving complete communities by, accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses, recreation, parks and open space, and other uses to meet long-term needs. Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking - water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The proposed severance is in conformity with this aspect of the plan and maintains the residential land use designation. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19-1 Page 102 of 248 g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot widths and lot areas of the proposed severed and retained lots comply with the minimum `RES -4' zone lot width and lot area requirements and minor variances are not required for the lot sizes. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding neighbourhood which is developed with low rise residential uses with lot sizes that vary in width, depth, and area. The subject lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severances conforms with the City of Kitchener Official Plan. Zoning By-law 2019-051 The subject property is zoned `Low Rise Residential Zone Four (RES -4)' in Zoning By - 2019 -051. A semi-detached dwelling plus an Additional Dwelling Unit (ADU) (Attached) is a permitted use. The proposed lot sizes comply with the lot area/width regulations. Variances are not required to facilitate the consent. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Environmental Planning Comments: Building permit has been issued and foundation installed, no opportunity to retain trees on site is possible. Heritage Planning Comments: No concerns. Building Division Comments: Has no objections to the consent. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to niall.melanson(a)-kitchener.ca. • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. Page 103 of 248 • 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: As a condition of Building permit application 2024 113417 parkland dedication of $3,830.00 was incorrectly assessed and paid for the construction of the duplex semi- detached dwelling. Additional 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 is calculated as $11,862. Since $3,830.00 has been paid previously, the required Parkland Dedication is $8,032.00 and is required prior to final approval of the Consent. Park Dedication is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of 7.62 metres at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. The fees previously paid at Building permit have been deducted from the required fees. Through the Building Permit application 2024 113417 it was noted that there was an existing City -owned street tree within the boulevard at 62 Fourth Ave and that the proposed driveway should be revised to protect this tree. Through the building and demolition permit process, the applicant had made initial contact with Forestry staff but failed to provide all information requested. According to current Forestry compensation protocols for tree removal, $5,400.00 in Urban Forest Compensation is required. This compensation is required prior to final approval of the Consent. Transportation Planning Comments: No concerns. Region of Waterloo Comments: 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: Page 104 of 248 a) That the following warning clause be included in all agreements of purchase and sale and/or rental agreements for all dwelling units on the severed and retained 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. Regional Review Fees Regional Staff are not in receipt of the required consent review fee of $350.00. 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 atl 50 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 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." Page 105 of 248 GRCA comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — 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 Page 106 of 248 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 107 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 108 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 109 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 110 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 111 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 112 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 113 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 114 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 115 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 116 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 117 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 118 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 119 of 248 From: AMIN Pranav To: ee of PAiunme"�(cM) Subject: IG[chener-62 Fourth Avenue- u-21 Date: Wednesday, No ember 6, 20299:47:55 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-029 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 120 of 248 Staff 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: Tim Seyler, Senior Planner, 519-783-8920 WARD INVOLVED: Ward 5 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-483 SUBJECT: Consent Application B2024-030 — 630 Benninger Drive RECOMMENDATION: That Consent Application B2024-030 for 630 Benninger Drive requesting consent to create an irregular shaped access Easement over the internal roadway, within Unit 2 of Waterloo Vacant Land Condominium Plan 782, in favour of Units 3-9 of WVLCP 782, in accordance with Parts 1 and 2 on Reference Plan 58R-21439, prepared by MTE Ontario Land Surveyors Ltd., dated June 8, 2022, BE APPROVED subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following, and shall be approved by the City Solicitor in consultation with the City's Director, Development and Housing Approvals: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 121 of 248 a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); and b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 5. That a satisfactory Solicitor's Undertaking, to register the approved Transfer Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor, be provided to the City Solicitor. 6. That prior to final approval, the Owner/Applicant submits a valid Section 59 notice. REPORT HIGHLIGHTS: • The purpose of this report is to review a consent application to create an access easement over a private roadway in a Vacant Land of Condominium to permit access to adjacent vacant land of condominium parcels to Benninger Drive. • 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 Benninger Drive, near the intersection of Ottawa Street North and Trussler Road. The existing property contains multiple dwelling blocks in the form of stacked townhouses. The property has been subject to a Vacant Land Condominium Application in order to divide the parcels into townhouse blocks and was approved by Kitchener City Council. The original intent for Units 1-9 of WVLCP 782 was for the lands to be further developed with a standard condominium application and this portion of the road would be part of the common elements of the future condominium application. At this time, the owners have decided not to proceed with a standard condominium application for the private roadway and are required to establish legal access to each unit along the established internal roadway. The proposed easement will be defined by boundaries that are already established through Registered Plan 58R-21439 and are identified as Reverie Way shown in Figure 1. Page 122 of 248 Figure 1: Location Map 630 Benninger Drive Figure 2: Reference Plan 58R-21439 — 630 Benninger Drive Page 123 of 248 �MATHALIF STRFFT TY + S�Nrm or Rrasm m ciw -'711'-c.7J ~ AN 11W? - 135kir) BLOCK 144 UNIT i F aqT PSN iB11-21 G6d UNT -WA 31 VNIITT A BLOCK 140 � e a� 23+67-1a.crt: .rp .� �A Figure 3: Location of Easement on WVLCP 782 — 630 Benninger Drive The subject property is identified as `Community Areas' and `Neighbourhood Node' on Map 2 — Urban Structure and is designated `Low Rise Residential' and `Mixed Use' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Mixed Use One Zone (MIX -1) with Site Specific Provisions (27), and (69)' in Zoning By-law 2019-051. Page 124 of 248 Figure 4: Reverie Way — 630 Benninger Drive A,..� E Figure 5: Future townhouses under construction — 630 Benninger Drive Page 125 of 248 Figure 6: Reverie Way — 630 Benninger Drive The purpose of this report is to review a consent application to create an access easement over a parcel of land in a Vacant Land of Condominium to permit access to adjacent vacant land of condominium units/parcels. REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: PPS (2024) and Regional Official Plan As the application is to facilitate an access easement, 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 `Community Areas and Neighbourhood Node' on Map 2 — Urban Structure and is designated `Low Rise Residential and Mixed Use' on Map 3 — Land Use in the City's Official Plan. Section 17.E.20.4. outlines that 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 126 of 248 Zoning By-law 2019-051 The subject property is zoned `Mixed Use One (MIX -1) with Site Specific Provisions (27) and (69)' in Zoning By-law 2019-051. With respect to the City's Zoning By-law the use of the subject lands for townhouse dwellings is a permitted use in the `MIX -1' Zone and the site as developed complies with the Zoning By-law with respect to setbacks and parking. The access easement would not negatively impact the functioning of the site. It will have the opposite effect as it will facilitate access for Units 3-9 to Benninger Drive. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easement 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 objections to the proposed consent. Engineering Division Comments: Since the application is to convey an access easement, Engineering has no comments. Parks/Operations Division Comments: No parks/operations comments or concerns. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: 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 are designated `Greenfield Area' in the Regional Official Plan (Maps 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'. Page 127 of 248 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): That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of Waterloo. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: • Planning Act • Provincial Policy Statement (PPS 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 • DSD -2022-347 • DSD -2023-252 Page 128 of 248 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 129 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 130 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 131 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 132 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 133 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 134 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 135 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 136 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 137 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 138 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 139 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 140 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 141 of 248 From: AMIN Pranav To: ee of MViunme"�(cM) Subject: IG[chener-630 Benm­ --B 2029-030 Date: Wednesday, Noember6, 20299:99:59 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-030 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 SEARCH one Customers Affected: 0 -5000 0 501-5000 0 51-500 0 21-50 0 a=20 0 Multiple 0 Crew — Service Area MJ J 51a V Ot11 taw O 0 . Montreal v Huntsville qr7 ql 400 11 a6 C fN,f � a -0lfi 4 Or l+++ilaa Kawariha Bs Lakes � t5 Burlir Peter6�r0ugh 0 P P fCin Bella�vflle 0 N tramp C watep own [V - 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 142 of 248 Staff 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: Tim Seyler, Senior Planner, 519-783-8920 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-482 SUBJECT: Consent Application B2024-031 — 829 Stirling Avenue South RECOMMENDATION: That Consent Application B2024-031 for 829 Stirling Avenue South requesting consent to sever a parcel of land having a lot width of 7.9 metres, a lot depth of 45.7 metres and a lot area of 362.3 square metres, BE APPROVED subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That the Owner provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 143 of 248 6. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 7. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 8. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 9. That the Owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of 11,862.00. 10. That the Owner make arrangements regarding financial compensation of $5,000 for the removal of the City -owned street tree, to the satisfaction of the City's Director, Parks and Cemeteries. 11. That the Owner obtains Demolition Control Approval, in accordance with the City's Demolition Control By-law, to the satisfaction of the City's Director, Development and Housing Approvals. 12. That the Owner obtains a Demolition Permit, for the existing single detached dwelling proposed to be demolished, to the satisfaction of the Chief Building Official, and removes the existing dwelling prior to deed endorsement. REPORT HIGHLIGHTS: • The purpose of this report is to review a consent application to sever a parcel of land to permit each half of a new semi-detached duplex dwelling to be dealt with independently. • There are no financial implications. • Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. • This report supports the delivery of core services. BACKGROUND: The subject property is located within close proximity to the intersection of Stirling Avenue South and Avalon Street, and directly north of Highway 7/8. The neighbourhood is comprised of a mix of low and mid -rise residential uses. Page 144 of 248 83q 840 Z Figure 1: Location Map — 829 Stirling Avenue South Figure 2: Existing building — 829 Stirling Avenue South 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. Page 145 of 248 The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The purpose of the application is to review a consent application to sever a parcel of land to permit each half of a new semi-detached duplex dwelling to be dealt with independently. The severed lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an area of 362.3 square metres, while the retained lot would have a lot width of 7.9 metres, a lot depth of 45.7 metres and an area of 362.3 square metres. In this case, the whole of the semi-detached duplex dwelling will be constructed on an existing lot and each semi- detached duplex dwelling unit has been designed to be located on a separate lot. Furthermore, the applicant has already applied for a building permit, demolition permit, and has obtained demolition control and a zoning occupancy certificate for the proposed new residential dwellings. Staff are in a position to support the application moving forward. D 0�n VI W W 7 �C CD Z J i]C V) Ec- 45.72 - Figure 3: Proposed Lot Fabric e r� l D a x-------- Z------------i,-------------- w ® �. : AI! Z 4 P x x "< Figure 4: Building Drawings— Proposed Semi Detached Dupley Page 146 of 248 3CCie ROOK UIS OF DOM V a Too 91 rK ROOM U/M DF DOM k E E/ - 33&37 TOP DF fFL FUROR FrC164 _ u}S OF OEWIC I b TOP OF FM FLCDR T FLO" _ NLI.WHIJW I L1t,�ll N. SOFTTF 1M 35 1W kEPWL" S-FkW_5 "PCA) 11111: 111 : 111 111 1 F 11�1I I ' �I tI •Is _ . Figure 5: Proposed Front Elevations — Semi-detached duplex dwelling REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) The Provincial Planning Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. Section 2.2.1 of the PPS promotes providing an appropriate range and mix of housing options and densities to meet projected needs of current and future residents, and sets out a policy framework for sustainable healthy, liveable, and safe communities. The PPS promotes all housing options required to meet the social, health, economic and well being requirements of current and future residents, and all types of residential intensification while promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities. It also supports the use of active transportation and requiring transit supportive development. Planning staff is of the opinion that the proposed application will facilitate a form of gentle intensification of the subject property with the creation of two new lots for the new semi- detached duplex dwelling that are compatible with the surrounding community and will make use of the existing infrastructure. No new public roads would be required for the proposed development. Therefore, Staff are of the opinion that this proposal is consistent with the PPS. Page 147 of 248 Regional Official Plan (ROP): Urban Area policies of the ROP identify that the focus of the Region's future growth will be within the Urban Area. The subject lands are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure and community infrastructure to support the proposed residential development, including transportation networks, municipal drinking - water supply and wastewater systems, and a broad range of social and public health services. Regional policies require Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Planning staff are of the opinion that the severance application conforms to the Regional Official Plan. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed lot width and lot area of the proposed severed and retained lots meets the minimum `RES -5' zone lot width and lot area requirements. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the Page 148 of 248 lands and compatible with the surrounding neighbourhood which is developed with low rise residential uses with lot sizes that vary in width, depth, and area. The subject lands front onto a public street and full services are available. There are no natural heritage features that would be impacted by the proposed consent application. Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener Official Plan. Zoning By-law 2019-051 The property is zoned 'Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. The 'RES -5' zones permit a range of low-rise residential dwelling types including single detached, semi-detached and multiple dwellings. The whole of the semi-detached duplex dwelling meets the 'RES -5' zone requirements and each half of the semi-detached duplex dwelling will comply as well. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable for the use of the lands and compatible with the surrounding community. There are existing schools within the neighbourhood. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest. Environmental Planning Comments: No natural heritage features/functions, therefore no Environmental planning concerns. Heritage Planning Comments: No heritage planning comments or concerns. Building Division Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the demolition of the existing building, as well as construction of the new residential buildings. Engineering Division Comments: • Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. • The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to niall.melanson(a-)kitchener.ca. Page 149 of 248 • Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. • A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. • A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. • The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: 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 7.92 metres at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. If the lot is not severed parkland dedication calculations will be assessed at each building permit and reflect the number of approved units and overall lot area. There is an existing City -owned street tree along the Stirling Ave S frontage and Forestry staff have agreed that the tree may be removed. $5,000.00 in Urban Forest Compensation is required for the removal of this tree prior to final approval of the Consent or issuance of the Building Permits. The owner has been advised of these fees and requirement. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo Comments: No regional 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 Page 150 of 248 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 Page 151 of 248 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 152 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 153 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 154 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 155 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 156 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 157 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 158 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 159 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 160 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 161 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 162 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 163 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 164 of 248 From: AMIN Pranav To: ee of MVii�nme"�(cM) Subject: IG[chener-829Sbl A--South-B2029-031 Date: Wednesday, No emb—, 2029 9:53:33 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-031 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 165 of 248 Staff 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 1 DATE OF REPORT: November 8, 2024 REPORT NO.: DSD -2024-501 SUBJECT: Consent Application B2024-032 - 75 Otterbein Road (Severed) Consent Application B2024-033 - 75 Otterbein Road (Retained) RECOMMENDATION: A. Consent Application B2024-032 — 75 Otterbein Road (Severed Parcel) That Consent Application B2024-032 requesting consent to establish the following easements: i) Part 5 - Easement for access and servicing; ii) Part 6 - Easement for access, servicing and drainage; and iii) Part 7 - Easement for servicing and drainage; BE APPROVED, in accordance with the drawings prepared by MHBC Planning dated August 23, 2023, subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 166 of 248 4. 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. 5. 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 Supervisor, 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. 6. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. B. Consent Application B2024-033 - 75 Otterbein Road (Retained Parcel) That Consent Application B2024-033 requesting consent to establish the following easement: i) Part 2 - Easement for access and servicing BE APPROVED, in accordance with the drawings prepared by MHBC Planning dated August 23, 2023, subject to the following conditions: That the Owner's solicitor shall provide draft transfer documents and associated fees for the Certificate of Official to the satisfaction of the Secretary -Treasurer and City Solicitor, if required. 2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue Division. 3. That the owner provides a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format, as well as two full size paper copies of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 4. That 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. Page 167 of 248 5. 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 Supervisor, 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. 6. 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 an applications for consent to establish easements on both the severed and retained lands. This would facilitate the previous severance application to split the subject lands into two phases of a development site, with 3 stacked townhouse buildings on the severed lands and 2 apartment buildings on the retained lands. • 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 corner of Otterbein Road and Lackner Boulevard. The subject lands are a greenfield block of a new subdivision (Block 1, 58M-654) registered on June 4, 2020. The subject property is irregular in shape with a curvilinear property line along Otterbein Road. Page 168 of 248 Figure 1: Location of Subject Property The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Medium Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Medium Rise Residential Six Zone (RES -6)' in Zoning By-law 2019- 051. On October 3, 2023, the applicant received approval from the Committee of Adjustment for applications A2023-124, B2023-039, and B2023-040 to sever the lands in two parcels to split the phasing of development between the townhouse buildings and the 6 -storey apartment buildings. These applications permit the severance and established access easements, but further easements for servicing and stormwater are required through the subject applications. The purpose of the applications is to establish servicing and stormwater easements on both the severed and the retained lands to establish shared services on the lands. Page 169 of 248 '.T .A�� '� �.,..�j � � � :_.. � .. ♦�Yry'�SC��rM��1 ul��xif 4 FT Figure 2: View of Vacant Site (October 30, 2024) E� I y �� 0.0 0 ♦ R Legend, 'o 5$M hoz, Ar] P 1 a� o�naf / �qy Pali 3 u 2 n�enaf 14 r` °' sery iq tltl 'ape eazemlcM1z in 6.T OWU has ktl C 40 _ R3 ePe. int ., pved p4annnnn�,g106� P se.an@ a a^ Part 2 Part 1 Proposed Multiple _ af B 1m�yA wr.-i — Residential -�. SSnxayx C.h`, q.K RoQ I 3 Td 148 W& 8 -ri Flood Fl— 6 45 U11nih Total dB unn f Figure 3: Severance Sketch showing Easements Page 170 of 248 REPORT: Planning Comments: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Planning Statement (PPS 2024) and Regional Official Plan (ROP) As the applications are to facilitate various easements, 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 applications 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 `Medium 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." No new lots are proposed to be created through the requested consent applications. Zonina By-law 2019-051 The subject properties are zoned `Low Rise Residential Six Zone (RES -6)' in Zoning By- law 2019-051. Requested easements for access will no have impacts upon the `RES -6' 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 easements 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 consent. Engineering Division Comments: Since the application is for the creation of an access and servicing easements, Engineering has no comment. Page 171 of 248 Parks/Operations Division Comments: Parks and Cemeteries requirements including Parkland Dedication have been satisfied through Kitchener Draft Agreement (KDA) 30T-02206 and Site Plan application SP22/078/0/ES. Transportation Planning Comments: Transportation Services have no concerns. Region of Waterloo Comments: 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 (Maps 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 356.5 metre ASL, which is roughly 37 metres 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 393 metre ASL. Development height was below this elevation, and so the airport approved of the exemption. Page 172 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 356.5 metre ASL), then the developer will also need to submit an Aeronautical Assessment Form to Transport Canada and comply with all requirements. https://tc.canada.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(a)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. Hydro One Comments: We are in receipt of your Applications for Consent, B 2024-032 and B2024-033 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. Page 173 of 248 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 -2023-455 ATTACHMENTS: Attachment A — Severance Sketch Page 174 of 248 O O ry H LLO J LU a Z U W z _ 7:) U H LL Y ¢ O O >- O U LU K KIn ar U Va m -mm Uar mm `Eo 2 o o� A o�P -o.,T F 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 176 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 177 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 178 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 179 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 180 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 181 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 182 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 183 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 184 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 185 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 186 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 187 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 188 of 248 From: AMIN P -- To: P. of Adii "t (cM) Subject: Kitchener-JSIXterben Road -82024032 Date: Wednesday, November 6, 2029 5:25:93 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-032 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 SEARCH one Customers Affected: 0 -5000 0 501-5000 0 51-500 0 21-50 0 a=20 0 Multiple 0 Crew — Service Area MJ J 51a V Ot11 taw O 0 . Montreal v Huntsville qr7 ql 400 11 a6 C fN,f � a -0lfi 4 Or l+++ilaaKawariha q Lakes aOP. � � t5 Burlir + _ Petar6�r0ugh P Kin Bella�vflle • o 'rs Dr.,.,.,.s.,...... 0 N tramp C watep own [V - 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 189 of 248 From: AMIN Pranav To: ee of PAiunme"t (cM) Subject: IG[chener - J5IXterben Road - B-033 Date: Wednesday, November 6, 2029 5:26:93 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-033 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 190 of 248 Staff 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 Staff 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: Sean Harrigan, Senior Planning Technician, 519-783-8934 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: November 6, 2024 REPORT NO.: DSD -2024-496 SUBJECT: Minor Variance Application A2024-106 — 73 Fourth Avenue Consent Application B2024-036 - 73 Fourth Avenue RECOMMENDATION: A. Minor Variance Application A2024-106 — 73 Fourth Avenue That Minor Variance Application A2024-106 for 73 Fourth Avenue requesting relief from Section 7.3, Table 7-2 of Zoning By-law 2019-051, to permit a minimum front yard setback of 9.58 metres instead of the minimum required 11.25 metres, generally in accordance with drawings prepared by Bobicon LTD., dated September 29, 2024, BE APPROVED. B. Consent Application B2024-036 — 73 Fourth Avenue That Consent Application B2024-036 for 73 Fourth Avenue requesting consent to sever a parcel of land having a lot width of 10 metres, a lot depth of 40.2 metres and a lot area of 405.1 square metres, BE APPROVED subject to the following conditions: 1. That Minor Variance Application A2024-106 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) *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 220 of 248 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 provides a servicing plan showing outlets to the municipal servicing system to the satisfaction of the Director of Engineering Services. 6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and asset information to the satisfaction of the City's Director of Engineering Services, prior to deed endorsement. 7. That the Owner makes financial arrangements for the installation of any new service connections to the severed and/or retained lands to the satisfaction of the City's Director of Engineering Services. 8. That any new driveways are to be built to City of Kitchener standards at the Owner's expense prior to occupancy of the building to the satisfaction of the City's Director of Engineering Services. 9. That the Owner provides confirmation that the basement elevation can be drained by gravity to the street sewers to the satisfaction of the City's Director of Engineering Services. If this is not the case, then the owner will need to pump the sewage via a pump and forcemain to the property line and have a gravity sewer from the property line to the street to the satisfaction of the City's Director of Engineering Services. 10. That the City -owned street tree in front of the severed lot shall be protected during any development or site alterations, including but not limited to, the installation of driveways and services, to the satisfaction of the Director of Parks and Cemeteries. 11. That the owner pay to the City of Kitchener a cash -in -lieu contribution for park dedication of $11,862.00. 12. That, prior to final approval, the applicant submits the Consent Application Review Fee of $350.00 to the Region of Waterloo. 13. That prior to final approval, the Owner/Applicant submits a valid Section 59 notice. 14. That the Owner 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: Page 221 of 248 "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." 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 with an Additional Dwelling Unit (ADU)(Attached), a duplex dwelling, on each parcel. A minor variance for a reduced minimum front yard setback is required for the retained parcel. • The key finding of this report is that the consent and minor variance applications align with applicable policies and that the variance satisfies the four tests in the Planning Act. As such, staff recommend approval of the 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 east side of Fourth Avenue between Kingsway Drive and Connaught Street. The property previously contained a single detached dwelling and detached garage which have recently been demolished to facilitate the proposed severance application. A new single detached dwelling with an Additional Dwelling Unit (ADU) (Attached), a duplex, is currently being constructed on the north side of the property within the proposed retained lot. 76 t k 4 Figure 1: rl „ -r, Location Map - 73 Fourth Avenue (Outlined in Red) Page 222 of 248 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The property also falls within `Appendix C — Central Neighbourhoods Area' and `Appendix D — Established Neighbourhoods Area' in Zoning By-law 2019-051. The purpose of the consent application is to divide the property into two (2) separate parcels of land to facilitate the construction of single detached dwelling with an Additional Dwelling Unit (ADU) (Attached), duplexes, on each of the severed and retained parcels. The purpose of the Minor Variance Application is to permit a reduced minimum front yard setback of 9.58 metres on the retained lot instead of minimum required 11.25 metres. This reduced front yard setback is required for the front porch and balcony which must adhere to the minimum front yard setback due to the porch height and the fact that the balcony is supported by the ground. The habitable portion of the dwelling and garage will meet the 11.25 metre setback. The proposed duplex dwelling for the severed lot will meet the minimum required setback. 31'rYT I1 O.3B MI �. 6EVERT LOr FRO" -& W 5& V,12W M ' OfLE9 MaLmt* RErAMP r..ar +,5n�zM 13Y.9 1'H0.219M Z46W MaYR1Y LAE 41'-V4'�1225 M) GAR GNZAbf MWWAD �1VEWFY PGRl,YI s �PCWA1l�� wsea�e�� s MONEFF%TZ 771 RMIEWAY m 35-11" 11126 M] EIYlAGFWFff Ty LAE—__—__—__—__—._—__—_.—_.___J PROPOSED 73 FOURTH AVE, SEF. 2F,M SEVERANCE SKETCH pwKITCHENER, ONTARIO—Eff ^ BSOEO FOR REWEW SP1 Figure 2: Proposed Severance Sketch and Reduced Front Yard Setback Page 223 of 248 Figure 3: Building Elevation Figure 4: Subject Property and Foundation for Single Detached Dwelling on Retained Lot Page 224 of 248 R IS INF CONTRACTOR'S RESPONS[01LIN TO ENSURE THAT ALL REeN3RENEnTs of THE ARE fOa VOUR INfORHATION AND ASSISTANCE ONLY PND DO NOT ni 6x ALL AREnS OF CONSTauCF�ON. RLi+y R -M (anP �f •IyU/ (tel Px.=M m Nr MAIAF FmM ® ®� PPI IP&rtE ' em.. A%. NRISERS TO OMIT ND GAT TOP OF STAIRS —_-- I a NA>m an �I s'erm(wvri2 enL Pfym up"cam arm '°m' Y{�%A Piw �r I I I llt cM t� Rroraea e� xPMMwnL Np.gy ZONING REQUIRES GREATER THAN s nrs R-+7 0.)fm (30'J SET&ACN TO 34 -PROVE GPADE. omw Haas rirx . Iwo �_– ---- rt am'� N.ae ran. aR _ _ fa.w.•��n'�RPgO M1� mX. ra Mw – ni NpaErex r,�.o .��. _ HAPNRH�Ew=oH�A�N��P�=.�r PP=L PROPOSED RIGHT ELEVATION 73 FOURTH AVE. KITCHENER, ONTARIO AUG. 7o M A7.a 11 IBSOFLFORPERMR Figure 3: Building Elevation Figure 4: Subject Property and Foundation for Single Detached Dwelling on Retained Lot Page 224 of 248 Figure 5: Porch for Retained Lot and Streetscape North of Subject Site Figure 6: Porch for Retained Lot and Streetscape South of Subject Site Page 225 of 248 REPORT: Planning Comments Minor Variance Application A2024-106: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan The general intent of the `Low Rise Residential' land use designation is to support a high quality of life while ensuring that existing and new residential areas are walkable and supported by all modes of transportation. To this regard, the proposed reduced front yard setback is required to accommodate a front porch and ground supported balcony directly above the porch. These outdoor spaces provide additional amenity space which contributes to the high quality of life while helping to activate the streetscape thereby supporting walkability. Furthermore, Official Plan policy 4.C.1.8.b) states that where front yard setback reductions are proposed for new buildings in established neighbourhoods, the requested front yard setback should be similar to adjacent properties and supports the character of the streetscape and neighbourhood. The proposed front yard setback for the retained land is between the existing front yard setbacks of the abutting properties and supports the character of the streetscape and neighbourhood. As such, staff are satisfied that the proposed variance adheres to the general intent of the Official Plan. General Intent of the Zoning By-law The subject property falls within `Appendix D — Established Neighbourhoods Area' in Zoning By-law 2019-051. Properties within this area must have a front yard setback within 1 metre of the average existing front yard setbacks of the two abutting properties. The general intent of this regulation is to help ensure a consistent streetscape and that new development does not appear out of place when compared to abutting properties. To this regard, staff are satisfied that the proposed front yard setback of 9.58 metres for the retained lot maintains the general intent of this regulation. As shown in Figure 5 and 6, the proposed front porch and balcony is situated between the existing front yard setbacks on the abutting properties which means the dwelling on the retained lot will not appear out of place. Furthermore, the proposed dwelling for the severed lot will comply with the required front yard setback and will be situated further back from the front lot line than the dwelling on the retained lot. This will help ensure a smooth transition and consistent streetscape between the retained lot and the abutting property to the south. Are the Effects of the Variance Minor? Staff are satisfied that the potential effects of the proposed minor variance are minor in nature. As mentioned above, the proposed front yard setback is still between the existing front yard setbacks of abutting properties and the proposed dwelling on the severed lot provides a suitable transition to the abutting property to the south. Page 226 of 248 Is the Variance Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variance is considered desirable for the proposed development of the land. The reduced front yard setback will permit a porch and ground supported balcony which will provide additional amenity space while still maintaining a consistent streetscape. Planning Comments Consent Application B2024-036: In considering all the relevant Provincial legislation, Regional and City policies and regulations, Planning staff offer the following comments: Provincial Policy Statement (PPS 2024) Staff are satisfied that the proposed infill severance is consistent with the Provincial Policy Statement in general and as it related to housing policies in Chapter 2 regarding intensification and facilitating housing options. Regional Official Plan (ROP): ROP Urban Area policies state that the focus of the Region's future growth shall be within the Urban Area. The subject lands fall within the `Urban Area' and are designated `Built -Up Area' in the ROP. The proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical and community infrastructure required for the proposed residential development, including transportation networks, municipal water and wastewater systems, and a broad range of social and public health services. Regional polices require municipalities to plan for a range of housing in terms of form, tenure, density, and affordability to satisfy the various physical, social, economic, and personal support needs of current and future residents. Staff are satisfied that he proposed severance adheres to these policies and conforms to the ROP. City's Official Plan (2014) The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's Official Plan. The proposed severance conforms to this aspect of the Official Plan and maintains the residential land use designation and general intent. Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development and lot creation (Consent Policies).These policies state the following: "17.E.20.5 Applications for consent to create new lots will only be granted where: a) the lots comply with the policies of this Plan, any Community Plan and/or Secondary Plan, and that the lots are in conformity with the Zoning By-law, or a minor variance has been granted to correct any deficiencies; b) the lots reflect the general scale and character of the established development pattern of surrounding lands by taking into consideration lot frontages, areas, and configurations; Page 227 of 248 c) all of the criteria for plan of subdivision are given due consideration; d) the lot will have frontage on a public street; e) municipal water services are available; f) municipal sanitary services are available except in accordance with Policy 14.C.1.19; g) a Plan of Subdivision or Condominium has been deemed not to be necessary for proper and orderly development; and, h) the lot(s) will not restrict the ultimate development of adjacent properties." The proposed severed and retained lots satisfy the minimum zoning requirements for lot width and lot area and the proposed detached dwellings adhere to the building height and setback requirements, except for the front yard setback on the retained land which is addressed through an appropriate minor variance. The proposed lots also reflect the general scale and character of the established development pattern for this area as shown in Figure 1. Finally, the lots have suitable frontage on a public street, access to full municipal services, do not restrict development of adjacent properties, and do not require a plan of subdivision. As such, staff are satisfied that he proposed severance conforms to the City of Kitchener Official Plan. Zonina By-law 2019-051 The property is zoned 'Low Rise Residential Four Zone (RES -4)' in Zoning By-law 2019- 051. The property also falls within 'Appendix C — Central Neighbourhoods Area' and 'Appendix D — Established Neighbourhoods Area' in Zoning By-law 2019-051. The proposed development is zoning complaint with respect to lot area and lot width requirements. The proposed dwellings are also zoning complaint except for the front yard setback on the retained lot which as discussed above is addressed through a minor variance which satisfies the Four Tests. Planning Conclusions/Comments: With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and appropriate. Environmental Planning Comments: Environmental Planning has no concerns with these applications. Heritage Planning Comments: Heritage Planning has no concerns with these applications. Building Division Comments: The Building Division has no objections to the proposed consent or proposed variance. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Page 228 of 248 Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the construction of the new residential buildings. Engineering Division Comments: Severance of any blocks within the subject lands will require separate, individual service connections for sanitary, storm, and water, in accordance with City policies. The owner is required to make satisfactory financial arrangements with the Engineering Division for the installation of new service connections that may be required to service this property, all prior to severance approval. Our records indicate sanitary, storm and water municipal services are currently available to service this property. Any further enquiries in this regard should be directed to niall.melanson@kitchener.ca. Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense and all work needs to be completed prior to occupancy of the building. A servicing plan showing outlets to the municipal servicing system will be required to the satisfaction of the Engineering Division prior to severance approval. A Development Asset Drawing (digital AutoCAD) is required for the new site infrastructure with corresponding layer names and asset information to the satisfaction of the Engineering Division prior to severance approval. The owner must ensure that the basement elevation of the building can be drained by gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow for gravity drainage to the existing municipal sanitary system, the owner will have to pump the sewage to achieve gravity drainage from the property line to the municipal sanitary sewer in the right of way. Parks/Operations Division Comments: A2024 — 106 — 73 Fourth Ave Through Curb Cut application 2024 127427 tree protection has been approved by Forestry; this tree protection is still required. B2024 — 036 - 73 Fourth Ave 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 10.058 metre at a land value of $36,080.00 per frontage metre with a per unit cap of $11,862.00. As noted for A2024 — 106 — 73 Fourth Ave, tree protection fencing has been required for Curb Cut application 2024 127427, and this TPF should be maintained through all demolition and construction. Transportation Planning Comments: Transportation Services have no concerns with these applications. Page 229 of 248 Region of Waterloo Comments: The owner/applicant is proposing consent to sever existing residential lot to create a new residential lot. The retained and severed lots being equal in dimension; 10.058 metre width, 40.279 metre depth, and 405.126 square metre area. The consent will facilitate the redevelopment of the new lot with a detached duplex dwelling. Frontage and access on Fourth Avenue or both lots is proposed. The subject lands area 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'. 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 NPS -300 requirements. The Regional process for the 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. 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(a�regionalofwaterloo.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 Page 230 of 248 building, outside the Kitchener Public Library, at the intersection of Queen St N and Ahrens St E. - Cheque of bank draft can be mailed as follows: Attention 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 he 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/Application 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: 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. 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 be 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Page 231 of 248 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 2024) • Regional Official Plan (ROP) • Official Plan (2014) • Zoning By-law 2019-051 Page 232 of 248 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 233 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 234 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 235 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 236 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 237 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 238 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 239 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 240 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 241 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 242 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 243 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 244 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 245 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 246 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 247 of 248 From: AMIN Ranav To: ee of PAiunme"�(cM) Subject: IG[chener-73 Fourth Avenue- B-6 Date: Wednesday, Noember 6, 2029 5:39:59 PM Attachments: Hello, We are in receipt of your Application for Consent, B2024-036 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 248 of 248