HomeMy WebLinkAboutDSD-2025-100 - A 2024-096 - 165 Fairway Road NorthStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: March 18, 2025
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.:
February 26, 2025
DSD -2025-100
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 (30 parking spaces) and 0.1 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 0.72 instead of the
maximum permitted 0.6;
vi) Section 7.3, Table 7-6, to 11 dwelling units in the ground floor level units do
not have a patio area adjacent to the dwelling unit with direct access to such
dwelling unit; and
vii) Section 5.10 b), to permit loading space to be 5.0 metres from the abutting
residential zone instead of the minimum required 7.5 metres;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 7 of 270
to facilitate the conversion of an existing industrial building with a front yard
addition to a multiple dwelling with 30 dwelling units, generally, in accordance with
Site Plan Application SP24/047/F/AA, BE APPROVED.
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 30 dwelling units. The application was previously considered at the November
19th, 2024, Committee Meeting and deferred to allow the applicant to work with staff
on finalizing the Conditional Site Plan Approval SP24/047/F/AA.
• The key finding of this report is that 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 property is located in the Centreville Chicopee neighbourhood north of King
Figure 1: Location Map
Page 8 of 270
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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 30 residential units.
The building was initially 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 with 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.
In 2024, the site was purchased by a new owner who applied for a site plan application to
convert the building into a 33 -unit multiple dwelling. It received 'Redlined Conditional
Approval', with comments highlighting the need to enhance site functionality and provide
more livable units by increasing amenity areas that align with the Urban Design
Guidelines. This approval was issued to meet the municipality's 60 -day timeline for either
redlined conditional approval or conditional approval. However, staff continued working
Page 9 of 270
with the applicant to address significant concerns related to site overdevelopment,
including insufficient indoor and outdoor amenity space, reduced parking, and setback
limitations. Following the redlined conditional approval, a minor variance application was
submitted but, due to these ongoing concerns, staff recommended Deferral of the
application on November 19, 2024, and the Committee of Adjustment agreed
Following the ongoing communication with the applicant, the applicant revised the
proposal to mitigate overdevelopment issues by reducing the front addition's massing,
increasing amenity space, and relocating Class A bicycle parking inside the units to create
more landscaped open space beside the front parking lot. The revised proposal now
includes 30 units and larger private patios for some ground -floor units, which has generally
improved the site's functionality.
The requested variances are:
• to permit a parking reduction to 23 parking spaces instead of the minimum required
35 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 allow some of the ground floor dwelling units not to have a private patio, and
• to allow the loading space to be closer to the abutting lot than required.
Figure 3: Updated Site Plan
Page 10 of 270
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Figure 3: Updated Site Plan
Page 10 of 270
Figure 5: An image Showing Existing Side yard Setback
Page 11 of 270
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 12 of 270
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 surrounding area's residential
nature. 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
recommends that the site has comprehensive TDM measures. Transportation staff have
no concerns with this reduction.
Loading space Location: The loading space is situated closer to the abutting residential
lot than required; however, it will be adequately buffered by the mandated visual barrier
and landscaping, minimizing potential impacts on adjacent properties.
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 revised proposal
now includes 30 dwelling units with a reduced front addition footprint, allowing for
increased amenity space and landscaping. This revision results in a lower overall density,
aligning more closely with the intent of the Official Plan by enhancing site functionality and
compatibility with the surrounding area.
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. The revised
proposal includes private patios for four ground -floor units and increased landscaped and
amenity areas. These enhancements better align with the intent of the Urban Design
Policies, improving site livability and overall design quality.
Considering the above, staff are of the opinion that the variances meet the general intent
of the Official Plan
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
Page 13 of 270
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 to be
located between the front fagade and the front lot line recognizes an existing situation. The
zoning requirement to not allow 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. Besides, 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 to support 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.
Loading space Location: The Zoning By-law requires a minimum 7.5 metre setback
between a loading space and abutting residential properties to provide an adequate buffer.
This setback is intended to mitigate noise impacts, enhance safety, and maintain the
character of the surrounding neighbourhood. The proposed loading space is located 5.0
metres from the abutting residential lot, and the property will have a visual barrier on the
common lot line, providing additional separation. The space will primarily be used for
Molok waste collection, which typically occurs once or twice a week, and for occasional
moving trucks, which are infrequent in residential areas. Given the limited use of the
loading space, potential impacts on adjacent properties will be minimal.
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 essential as it promotes well-being, fosters community, and allows residents
to enjoy outdoor environments. The revised proposal better aligns with this intent by
incorporating private patios for four ground -floor units and increasing access to dedicated
outdoor spaces. Additionally, the site provides more common amenity areas and additional
landscaped green space, enhancing overall 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 revised proposal reduces the front addition
footprint and decreases the overall number of units, resulting in a more balanced built
Page 14 of 270
form. These changes help mitigate potential impacts on neighboring properties while
ensuring the development remains in keeping with the surrounding residential context.
Based on the above, staff is off the opinion that the variances meet the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances' effects are considered minor as they do not significantly
negatively impact adjacent properties, the surrounding neighbourhood, or the overall
function of the site. Appropriate mitigation measures, such as enhanced landscaping,
buffering, and design modifications, have been incorporated to minimize potential impacts.
Given these considerations, the variances represent a reasonable adjustment that
supports the efficient use of land, with some minor variances.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances are desirable for the appropriate development and use of the
land, building, and/or structure as they allow for a functional and efficient design of the
existing structure while maintaining compatibility with the surrounding context. The
proposed modifications support the efficient use of land as a multiple dwelling building that
will provide new dwelling units and support the City's Housing Pledge.
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(oWtchener.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.
Transportation Planning Comments:
Transportation Services has no concerns with this application.
The Region of Waterloo Comments:
No concerns.
Page 15 of 270
Enova comments:
The builders/developers will need to maintain the minimum clearances as outlined in
Enova's comments.
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
• DSD -19-217
• DSD -2024-473
Page 16 of 270
Region of Waterloo
March 4, 2025
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 4A 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 March 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 — 013
— 160 Grand River Boulevard - No Concerns
2) A 2025 — 014
— 51 Meadowridge Street - No Concerns
3) A 2025 — 015
— 1180 Union Street - No Concerns
4) A 2025 — 016
— 45-53 Courtland Avenue East - No Concerns
5) A 2025 — 017
— 1157 & 1175 Weber Street East- No Concerns
6) A 2025 —018
- 60 Wellington Street North - No Concerns
7) A 2025 — 019
- 114 Madison Avenue South- No Concerns
8) A 2025 — 020
- 15 Palace Street - No Concerns
9) A 2025 - 021
- 2880 King Street East — No Concerns
10)A 2025-022 -
25 Haldimand Street - — No Concerns
11)A 2025-023 -
140 Byron Avenue — No Concerns
12)A 2025-024 -
507 Stirling Avenue South— No Concerns
13)A 2025-025 -
93-95 Kinzie Avenue— No Concerns
14)A 2025-026 -
250 Frederick Street — No Concerns
15)A 2025-027- 13 Chicopee Park Court — No Concerns
16)A 2024-096 -
165 Fairway Road North — No Concerns
Document Number: 4920494 Version: 1
Page 17 of 270
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.
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,
-Tfo�—
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 4920494 Version: 1
Page 18 of 270
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 19 of 270
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 20 of 270
March 3, 2025
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 — March 18, 2025
Applications for Minor Variance
A 2024-096
165 Fairway Road North
A 2025-013
160 Grand River Boulevard
A 2025-014
51 Meadowridge Street
A 2025-015
1180 Union Street
A 2025-016
45-53 Courtland Avenue East
A 2025-017
1157-1175 Weber Street East
A 2025-018
60 Wellington Street North
A 2025-019
114 Madison Avenue South
A 2025-020
15 Palace Street
A 2025-021
2880 King Street East
A 2025-022
25 Haldimand Street
A 2025-023
140 Byron Avenue
A 2025-024
507 Stirling Avenue South
A 2025-025
93-95 Kinzie Avenue
A 2025-026
250 Frederick Street
A 2025-027
13 Chicopee Park Court
Applications for Consent
B 2025-006 142 Carson Drive
B 2025-007 13 Chicopee Park Court
B2025-008 11a & 11b Chicopee Park Court
via email
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.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 21 of 270
Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 22 of 270
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 23 of 270
From:
Ricardo Ruiz
To:
Committee of Adiustment (SM)
Subject:
RE: ACTION REQUIRED - Committee of Adjustment Application Review — March 18, 2025 Meeting
Date:
Friday, February 28, 2025 11:53:06 AM
Attachments:
11111j)d
Hi Connie,
Enova's only concern with the recent Committee of Adjustment Applications is for 93-95
Kinzie Ave & 165 Fairway Rd N. The builders/developers will need to maintain the minimum
clearances as outlines by Enova's attached drawing.
Thanks,
Ricardo Ruiz (he/him) C.E.T. I Distribution Design Supervisor
Office Number: 226-896-2200 Ext. 6304
Mobile Number: 519-497-6221
ricardo.ruiz(a-)enovapower.com
wvjw enovapower.com
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: February 21, 2025 4:13 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review — March 18, 2025
Meeting
CAUTION: This email originated from outside of the organization. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, March 18, 2025, have been loaded and circulated through
ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, March 3, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofana kitchen er.ca
Page 24 of 270
FE -1
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and any attachments and notify the sender immediately. Click on the link to read the
additional disclaimer: https:Ilenovapower.com/disclaimer
Page 25 of 270
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a
CITY OF KITCHENER
COMMITTEE OF ADJUSTMENT
DATE OF DECISION:
DATE OF MAILING DECISION:
LAST DAY FOR APPEALS:
APPLICANT(S):
SUBMISSION NO.:
September 17, 2019
September 27, 2019
October 7, 2019
470088 ONTARIO LIMITED
A 2019-102
Enclosed is a copy of the Decision of the Committee of Adjustment for the City of Kitchener in the above -
noted matter. There is a 20 -day appeal period from the day the decision was made before this decision
becomes final and binding. The last day for filing an appeal is noted above. You have a right to appeal
this decision to the Local Planning Appeal Tribunal in accordance with Section 45 of the Planning Act.
The applicant will be given written notice whether or not an appeal has been submitted.
If you wish to file an appeal to this decision, you must submit an Appellant Form (Al) prescribed by the
Local Planning Appeal Tribunal , giving reasons for your appeal. Copies of Appellant Form (Al) are
available at the Office of the City Clerk or on the Board's website: http://elto.gov.on.ca/. The Local Planning
Appeal Tribunal fee is $300.00. You must submit this fee, by certified cheque or money order, in Canadian
funds, payable to the "Minister of Finance". The Notice of Appeal, together with the Local Planning Appeal
Tribunal fee, must be submitted to the Secretary -Treasurer, Committee of Adjustment, Office of the City
Clerk, 2nd Floor, City Hall, 200 King Street West, P.O. Box 1118, Kitchener ON N2G 4G7.
Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
NOTES: The Planning Act provides for appeals to be filed by "persons." Groups or associations, such as
residents' or ratepayers' groups that do not have incorporated status, may not be considered
"persons" for purposes of the Act, groups wishing to appeal this decision should do so in the name
of an individual group member, and not in the name of the group.
Page 27 of 270
Staff Report
}
hl*l( ;l-,_
Development Services Department
www.kitchener.ca
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
September 17, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Tim Seyler, Junior Planner— 519-741-2200 ext. 7860
2
September 6, 2019
DSD -19-217
A2019-102 —165 Fairway Road North
Applicants — Lito Navaleza on Behalf of 470088 Ontario Ltd.
Approve with conditions
Location Map: 165 Fairway Road North
"** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 28 of 270
REPORT
Planning Comments:
The subject property located at 165 Fairway Road North is zoned Residential Six (R-6), and designated
Low Rise Residential in the City Official Plan. The applicant is proposing to create a Multiple Dwelling
with 7 units and cannot meet the requirements of Section 40.2.6 of the Zoning By-law. The applicant is
requesting relief to permit the following:
a) An interior side yard setback of 2.0 metres (left side) and 0 metres (right side) rather than the
required 2.5 metres;
b) A rear yard setback of 0.1 metres rather than the required 7.5 metres;
Further relief is being sought from:
d) Section 6.1,1.1 d) i) to permit parking between the front fagade and the front lot line, whereas
no parking is permitted between the front fagade and the front lot line.
City Planning staff conducted a site inspection of the property on September 6, 2019.
165 Fairway Road North (Front View)
165 Fairway Road North (Side View)
Page 29 of 270
In considering the four tests for 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 Official Plan
1. The subject property is designated Low Rise Residential in the City's 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 to legalize the existing setbacks are appropriate and
continues to maintain the low density character of the property and surrounding neighbourhood. Staff
Is In support of the application as the building has existed for a long period of time with no issues,
and it is compatible with the established neighbourhood. It is the opinion of staff that the requested
variance meets the general intent of the Official Plan.
General Intent of Zoning By-law
2. 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 the use has ceased and the owner
is looking to construct 5 new residential units on the property. The building has existed for quite a
number of years with no negative impact on the surrounding neighbourhood, and the applicant has
advised that building will continue to exist as is.
The requested minor variance to permit the required parking located between the front fagade and
the front lot line, recognize 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 vista and to provide an adequate buffer from the street. The proposed parking lot is setback
approximately 19 metres from the front lot line. The owner has submitted a Site Plan application,
which is currently under review. In addition, staff is satisfied that there is still a sufficient amount of
buffer space from Fairway Road, and legalizing the proposed parking lot meets the general intent of
the Zoning By-law.
AA2plication is Minor
3. Staff is of the opinion that the requested variances are minor and the approval of this application will
not present any significant impacts to adjacent properties or the overall neighbourhood. The
proposed variances will be negligible due to the fact they recognize an existing situation.
Application in Appropriate
4. The requested variances should not impact any of the adjacent properties or the surrounding
neighbourhood. Therefore, the variances are appropriate for the development and use of the land
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
As this application is seeking to legalize existing features, Transportation Services has'no concerns with
the proposed application.
Environmental Comments:
Environmental Planning has no concerns with this application.
Page 30 of 270
Heritage Comments:
Heritage Planning has no concerns.
RECOMMENDATION
That minor variance application A2019-102 requesting permission to permit a multiple dwelling
with a side yard setback of 2.0 metres (left side) and 0.0 metres (right side) rather than the required
2.5 metres; a rear yard setback of 0.1 metres rather than the required 7.5 metres; to permit parking
between the front fagade and the front line, whereas no parking is permitted between the front
facade and the front lot line be approved with conditions:
1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish
the Multiple Dwelling use on the property.
2, That Site Plan approval is issued to the satisfaction of the Manager of Site Development
and Customer Service.
3. That all conditions shall be completed prior to July 111t, 2020. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out In this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP
Junior Planner Senior Planner
Page 31 of 270
Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
h;(.i K
www.kitchener.ca
Committee of Adjustment
September 17, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Tim Seyler, Junior Planner — 519-741-2200 ext. 7860
2
September 6, 2019
DSD -19-217
A2019-102 —165 Fairway Road North
Applicants — Lito Navaleza on Behalf of 470088 Ontario Ltd.
Approve with conditions
Location Map: 165 Fairway Road North
'** This information is available in accessible formats upon request. **
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 32 of 270
U. 4291:'
Planning Comments:
The subject property located at 165 Fairway Road North is zoned Residential Six (R-6), and designated
Low Rise Residential in the City Official Plan. The applicant is proposing to create a Multiple Dwelling
with 7 units and cannot meet the requirements of Section 40.2.6 of the Zoning By-law. The applicant is
requesting relief to permit the following:
a) An interior side yard setback of 2.0 metres (left side) and 0 metres (right side) rather than the
required 2.5 metres;
b) A rear yard setback of 0.1 metres rather than the required 7.5 metres;
Further relief is being sought from:
d) Section 6.1.1.1 d) i) to permit parking between the front facade and the front lot line, whereas
no parking is permitted between the front fagade and the front lot line.
City Planning staff conducted a site inspection of the property on September 6, 2019.
165 Fairway Road North (Front View)
165 Fairway Road North (Side View)
Page 33 of 270
In considering the four tests for 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 Official Plan
1. The subject property is designated Low Rise Residential in the City's 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 to legalize the existing setbacks are appropriate and
continues to maintain the low density character of the property and surrounding neighbourhood. Staff
Is in support of the application as the building has existed for a long period of time with no issues,
and it is compatible with the established neighbourhood. It is the opinion of staff that the requested
variance meets the general intent of the Official Plan.
General Intent of Zoninia By-law
2. 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 the use has ceased and the owner
Is looking to construct 5 new residential units on the property. The building has existed for quite a
number of years with no negative impact on the surrounding neighbourhood, and the applicant has
advised that building will continue to exist as is.
The requested minor variance to permit the required parking located between the front fagade and
the front lot line, recognize 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 vista and to provide an adequate buffer from the street. The proposed parking lot is setback
approximately 19 metres from the front lot line. The owner has submitted a Site Plan application,
which is currently under review. In addition, staff is satisfied that there is still a sufficient amount of
buffer space from Fairway Road, and legalizing the proposed parking lot meets the general intent of
the Zoning By-law.
,AApplicallan is Minor
3. Staff is of the opinion that the requested variances are minor and the approval of this application will
not present any significant impacts to adjacent properties or the overall neighbourhood. The
proposed variances will be negligible due to the fact they recognize an existing situation.
Application in Appropriate
4. The requested variances should not impact any of the adjacent properties or the surrounding
neighbourhood. Therefore, the variances are appropriate for the development and use of the land
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below in the Recommendation section of this report.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
As this application is seeking to legalize existing features, Transportation Services has'no concerns with
the proposed application.
Environmental Comments:
Environmental Planning has no concerns with this application.
Page 34 of 270
Heritage Comments:
Heritage Planning has no concerns.
RECOMMENDATION
That minor variance application A2019-102 requesting permission to permit a multiple dwelling
with a side yard setback of 2.0 metres (left side) and 0.0 metres (right side) rather than the required
2.5 metres; a rear yard setback of 0.1 metres rather than the required 7.5 metres; to permit parking
between the front fagade and the front line, whereas no parking Is permitted between the front
fagade and the front lot line be approved with conditions:
1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish
the Multiple Dwelling use on the property.
2. That Site Plan approval is Issued to the satisfaction of the Manager of Site Development
and Customer Service.
3. That all conditions shall be completed prior to July 18, 2020. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate), prior to the completion date set out in this decision. Failure to fulfill these
conditions will result in this approval becoming null and void.
Tim Seyler, BES
Junior Planner
Juliano von Westerholt, BES, MCIP, RPP
Senior Planner
Page 35 of 270
September 5, 2024
2589751 Ontario Inc
929 Eden Oak Crt
Kitchener, ON N2A OH4
Arwa Alzoor
Planner
DSD — Development & Housing Approvals
6"' Floor, City Hall, P.O. Box 1118
200 King Street West
Kitchener, Ontario
Canada, N2G 4G7
PH: (519) 741-2200 e 7847
FAX: (519) 741-2624
TTY: 1-866-969-9994
RE: Conditional Approval of Site Plan Application - SP24/047/F/AA
165 Fairway Rd N
2589751 Ontario Inc
The above -noted Site Plan Application relates to constructing an addition at the front of the existing building and
converting the existing building into a 33 -unit multiple dwelling has been considered by the Development Services
Department. We are pleased to advise that the attached red -lined Site Plan, dated May 17th, 2024, has received
Conditional Approval.
Site Plan Approval will be granted once the following have been completed:
an updated Site Plan that addresses the required revisions identified in the attached red lined Site Plan
has been submitted to the satisfaction of the City's Director of Development & Housing Approvals prior
to the completion of any conditions herein. The updated Site Plan must be submitted in the City's
standard template Site Plan format
all the conditions set out in Sections A and B have been satisfied.
the 5% Plan Review fee has been paid.
the Section 41 Development Agreement has been executed and returned to the City of Kitchener Legal
Services Division in a form that can be registered on the property The proposed conditions for the
Development Agreement are listed in Sections 1, 2, 3, 4 and 5.
The use of the property as Multiple Dwelling is permitted pursuant to existing by-law.
The City's conditions for Site Plan Conditional Approval include all the following conditions listed below. All plans,
reports, studies, and other materials required as part of these conditions must be prepared in accordance with the
updated Site Plan that must be submitted prior to the completion of the conditions herein.
A. Prior to the commencement of any grading on the site, the Owner agrees to fulfil each of the
conditions which follow:
(1,1 to show all erosion and sediment control features in detail on a Grading and Drainage Control Plan
hereinafter described in Section B(2); to the satisfaction of the City's Director of Engineering Services and
to implement all such erosion and sediment control measures. The Owner further agrees to maintain all
such measures to the satisfaction of the City's Director of Engineering Services until the site has been fully
developed as determined by the City's Director of Development & Housing Approvals.
(2) to prepare a Tree Preservation/Enhancement Plan including Arborist's report and letters of permission
from adjacent property owners as required by the City's Tree Management Policy in effect on the date of
the application for site plan approval granted under this Agreement; and to show on the Landscape Plan
hereinafter described in Section B(5), the location of drip lines, edges and existing plantings, the location of
S Site Plan Wormsl4pproval Letters & Conditions l4ppro val Letters - Planned Section 41 Agreement.doc
-P-aQe-36 of 270
Rev. 2022 - Pg. l
all existing trees and the method to be employed in retaining trees required to be protected; to obtain
approval thereof from the City's Director of Development & Housing Approvals; and to implement all
approved tree saving measures.
(3) Omitted.
(4) Omitted.
S. Prior to Site Plan Approval for the proposed development, the Owner agrees to fulfil each of the
conditions which follow:
(1) satisfy all pre -grading conditions set out in Section A above.
(2) to prepare a detailed Grading and Drainage Control Plan, including infiltration of rooftop runoff where soil
conditions permit, showing drainage details for the subject property, abutting properties and public rights-
of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to
the municipal storm sewer, and all detailed erosion and sediment control features; all to the satisfaction of
the City's Director of Engineering
() to submit to the satisfaction of the City's Director of Engineering Services a detailed engineering design for
stormwater management, or to receive from the Director of Engineering Services an exemption from this
requirement.
(4) to convey to the Region, without cost and free of encumbrance, the road widening and/or daylighting
triangles as indicated on the Site Plan.
() to prepare a Landscape Plan showing planting and surfacing details for all areas not covered by buildings,
structures, loading areas or parking areas; and to obtain approval thereof from the City's Director of
Development & Housing Approvals.
(6) to show the following on the required Landscape Plan:
(.) the location of any outdoor garbage and recycling containers including deep well units and details
for a supporting concrete
(7) to obtain approval of the construction details of all fencing and visual barriers as indicated on the Site Plan,
from the City's Director of Development & Housing Approvals, as part of the approval of the Landscape
Plan.
() to show on the required Landscape Plan, planting and surfacing details for the portion of all adjacent public
property located between the sidewalks, curbs or streets and the Owner's property line so as to ensure a
contiguous landscaped area between the public streets and the Owner's proposed development.
(a) Omitted.
(10) to prepare a Site Lighting Plan, and to obtain approval thereof from the City's Director of Development &
Housing Approvals.
(11) to prepare a concept plan for a multiple unit identification sign, in accordance with the Emergency Service
Policy in effect on the date of issuance of the first building permit for development of the lands to the
satisfaction of the City's Chief Fire Prevention Officer.
(12) (i) to provide a cost estimate for 100% of the total cost of all "site development works" to be done by
the Owner, as required by this Agreement. Such a cost estimate shall include materials,
installations, removals, closures and restorations, project management/co-ordination, and site
.S: LSite Plan lFormsUpproval Letters d Conditionst4pproval Letters - Planners Section 41 Agreement.doc
Pego437gaf 270
supervision, inspection and certification of all site development works, and shall be in a form
satisfactory to the City's Director of Development & Housing Approvals
(ii) "Site Development Warks" to be done by the Owner shall include the following -
(a) On Site works:
Stormwater management facilities and rough grading; plant material; landscape paving
essential to the functioning of the site, landscape structures including but not limited to fencing,
screen walls, retaining walls, roofed enclosures for garbage and recyclable materials, planters;
fine grading; sodding and seeding; curbing; concrete sidewalks, lighting; paving for vehicular
traffic and parking and demarcation of parking on pavement; and
(b) Off Site works:
closure of redundant driveways; installation of driveway ramps; fine grading and sodding or
other approved landscaping within the boulevard. Additional required off-site works may be
done by the City at the Owner's cost, as specified in this Agreement.
(iii) to provide a Letter of Credit to the City's Director of Development & Housing Approvals for 50%
of the total cost of all site development works in a form satisfactory to the City Solicitor, to be
held by the City as security for the completion of the site development works required in the
Section 41 Development Agreement.
(13) to enter into an Off-site Works Agreement and make payment for said works to the satisfaction of the City's
Director of Engineering Services, for 60% of the cost of:
(i) the removal of any redundant service connections and the installation of all new service
connections to the property;
(ii) the installation of new curb and gutter for the closure of all redundant driveways and installation of
new driveways;
(iii) Omitted.
(14) to arrange for notification, by letter from the Regional Municipality of Waterloo to the City's Director of
Development & Housing Approvals, that any required Regional conditions with respect to Section 41(8) of
the Planning Act relating to access to and from Regional road; off-street loading, parking and access
driveways; lot grading and drainage; salt management, sidewalks and widenings of Regional roads have
been satisfied.
(15) Omitted.
(16) Omitted.
(1) (i) to pay to the City of Kitchener Recreational Land Reserve a cash -in -lieu contribution for park
dedication in accordance with the City of Kitchener Park Dedication Bylaw, Park Dedication
Policy and the Planning Act.
(18) Omitted.
(19) to submit a fire flow demand analysis conducted by a Professional Engineer, to the satisfaction of the
City's Chief Building Official in consultation with the City's Engineering Services, Kitchener Utilities and
Chief Fire Prevention Officer, to determine if the proposed development exceeds the capabilities of the
water distribution system for fire -fighting purposes per the standards outlined in the City of Kitchener
Development Manual or to receive an exemption from this requirement from the City's Chief Building
Official.
S: (Site Plan lFormslApproval Letters & Conditions lApproval Letters -Planned Section 4! Agreenzent.doc
e -3S- of 270
Rev. 2 4 Pg. 3
(20) Omitted.
(21) to submit Building Elevation drawings to the satisfaction of the City's Director of Development &
Housing Approvals, which demonstrates how the proposed elevations will meet the intent of the City of
Kitchener Official and conform to the City's Zoning By-law.
(22) to submit a Site Servicing plan showing the outlets to the municipal servicing system along with the
sanitary and storm sewer design sheets will be required to the satisfaction of the City's Director of
Engineering Services prior to site plan approval.
(23) to prepare a detailed emergency fire route plan showing any required emergency fire routes and
associated signage to the satisfaction of the City's Chief Fire Official.
(24) Omitted.
(25) to submit a letter acknowledging that the following consultants have been retained during construction/
installation of site works in order to provide certifications for the release of the Letter of Credit:
(i") the Professional Engineer (hereinafter the "Owner's Engineer") who prepares the design of
grading and drainage control plan, site and external servicing plans, municipal service
connection designs, and stormwater management reports that are to be submitted pursuant to
Sections B (2), (3) & (22) to the satisfaction of the City's Director of Engineering Services;
(i y the qualified Landscape Architect (hereinafter the "Owner's Landscape Architect") who prepares
the landscape plan that is to be submitted pursuant to Sections B (5), (6), (7), & (8) to the
satisfaction of the City's Director of Development & Housing Approvals;
(iii) the qualified Lighting Consultant (hereinafter the "Owner's Lighting Consultant) who prepares the
lighting plan that is to be submitted pursuant to Section B(10) to the satisfaction of the City's
Director of Development & Housing Approvals; and,
(iv) Omitted.
(26) A Development Asset Drawing (digital AutoCAD) is required for any new services (Sanitary, Storm,
Water) that will be publicly owned with corresponding layer names and asset information to the
satisfaction of the City's Director of Engineering Services.
(27.1) Omitted.
(27.2) Omitted.
(28) to submit a Sustainability Statement to the satisfaction of the City's Director of Planning. Further, the
approved sustainability measures recommended in the Sustainability Statement will be implemented in the
landscape, stormwater management, and building design, to the satisfaction of the City's Director of
Development & Housing Approvals.
(29) to provide a Composite Utilities Plan to the satisfaction of the City's Manager of Gas Supply and
Engineering (Kitchener Utilities).
(30) Omitted.
S: &te Plan TonnsbApproval Letters ce ConditionsW pproval Letters - Planned Section 4/ Agreement.doc Pages 3g of 270
In addition to the foregoing conditions, the following special condition(s) are/is also part of this approval:
1, That the required minor variance(s) are approved and in full force and effect prior to final site plan
approval.
Once you have satisfied all the conditions set out in Sections A and B above and the Section 41 Development
Agreement has been executed and returned to the City of Kitchener Legal Services Division in a form that can be
registered, the City will be able to grant Site Plan Approval. The City's proposed conditions for the Development
Agreement include all the following conditions.
1. The Owner agrees to fulfil each of the general conditions which follow:
(a) to develop and maintain the site in compliance with the site plan, dated May 17, 2024, attached hereto as
Schedule "B" and hereinafter referred to as the "Site Plan". Minor changes to the Site Plan and to the
provisions of this Agreement, acceptable to the City's Director of Development & Housing Approvals, may
be permitted without an amendment to this Agreement. Such changes shall be permitted only upon
written approval from the said Manager.
(b)
(c) where the construction or demolition of a building, or buildings, or site development works are, in the
opinion of the City's Chief Building Official or the City's Director of Development & Housing Approvals,
substantially suspended or discontinued for more than six months, the Owner shall forthwith provide
suitable ground cover to prevent soil erosion by wind, rain and snow for the protection of adjoining lands to
the satisfaction of the City's Chief Building Official or the City's Director of Development & Housing
Approvals.
(d) the Owner acknowledges that garbage collection for the proposed development shall be in accordance
with the applicable Municipal By-law.
(e) that the City may give a Release of this Agreement as it applies to the lands or portions thereof except for
this clause and any of the conditions related to site works which are required by Section 5 to be maintained
for the life of the proposed development.
(f) in the event the Site Plan Approval for the proposed development has not been issued by six months from
the date of Site Plan Conditional Approval, revisions, additional conditions or changes to the approved site
plan may be required by the City's Director of Development & Housing Approvals, in said Manager's sole
discretion as a result of new City policies or changes to zoning by-law or standard City conditions.
The Owner agrees to fulfil each of the Maintenance during construction conditions which follow:
(a) To take all necessary steps to prevent the raising of dust and the erosion of soil from the Lands onto
adjacent lands or onto abutting City, Regional and Provincial roads during construction of the
Development. To eliminate dust, the Owner may be required to apply dust suppressants, cover
stockpiles with tarps or apply ground cover to the areas that have been stripped and left undeveloped.
Should such an incident(s) occur, the Owner will take all necessary steps forthwith to correct said
problems upon the direction of the Director of Engineering Services;
(b) To conduct, at a minimum and more frequently as conditions dictate, scraping of the roadway on a
weekly basis and daily sweeping of the roadway using methods approved by the City. Should the
Owner fail to conduct scraping and sweeping of the roadway to keep it clean and free of excessive dirt,
mud, dust, grit and other materials, the City may, without notice to the Owner, take the necessary
action to clean up the roadway at the Owner's cost and the Owner agrees to forthwith pay the same
upon demand to the City. If the Owner does not pay the City immediately upon written demand for such
payment, it is agreed that performance securities with the City may be drawn upon by the City to satisfy
S: Site PlanTormsl4pproval Letters & Conditions lAppro val Letters - Planner) Section 41 Agreement.doc
the required payment, and the Owner shall replace or increase said monies or securities to its original
value within fifteen (15) business days of receiving notice of such draw or draws;
(r) To be fully liable for all costs and any damages incurred as a result of the raising of dust or the erosion,
spillage or tracking of soil or other debris from the Lands onto adjacent lands and municipal highways,
and will indemnify the City and the Region against any claim made as a result of such problems;
(d) To regularly inspect the property for discarded waste material or items that may accumulate on lands.
The Owner shall collect and dispose of said waste forthwith in an appropriate manner to the satisfaction
of the Director of Engineering Services, all to prevent unsightly conditions;
() To install and maintain erosion and sediment control and tree protection devices in accordance with the
approved plans in Schedule C to this agreement including those that incorporate measures to prevent
the discharge of silt to waterways, open channels or City and Regional storm sewers and highways.
The Owner shall provide and regularly inspect and maintain these measures to ensure their continued
effectiveness throughout the construction period and until such time as hard surfacing or vegetative
cover has stabilized the Lands or area under development. The Owner shall provide inspection reports
to the Director of Engineering Services and the Director of Development & Housing Approvals upon
request and the Owner shall immediately repair any deficiencies identified in the inspection reports or
required by the Director of Engineering Services or the Director of Development & Housing Approvals,
in their sole discretion;
(f? Manage any impacts to any neighbouring properties resulting from construction of the Works to the
satisfaction of the Director of Engineering Services in their sole discretion. The Owner acknowledges
and agrees that they are solely responsible for such impacts notwithstanding any approval of the City.
The Owner shall fully indemnify and save harmless the City from any liability resulting from such
impacts;
(g) Maintain, at all times, unencumbered sight lines and travel routes to and from the Lands based on the
approved plans and drawings; and
(h) install and maintain tree preservation fencing on the Lands for the duration of construction.
Prior to occupancy of the proposed development the Owner agrees to fulfil each of the conditions which
follow:
(a) to complete the closure of all redundant driveways to the Regional Municipality of Waterloo's standards.
(b) to install, at the Owner's cost and to the Regional Municipality of Waterloo's standards, new driveway
ramps at grade with the existing sidewalk.
(c) to make arrangements, financial or otherwise, for the relocation of any existing City owned street furniture,
transit shelters, signs, hydrants, utility poles, wires or lines, street trees and shrubs as required due to the
location of buildings, structures, walkways, boulevards, driveways, curbing or parking, to the satisfaction of
the appropriate City Department.
A that any required "Emergency/Fire Routes" and associated signage shall be installed at the Owner's cost
and to the satisfaction of the City's Chief Fire Official.
(e) to install, at the Owner's cost, all required traffic signs, including directional, visitor parking and barrier -free
parking signs, to the satisfaction of the City's Director of Transportation Services.
(f) to erect the multiple unit identification sign in accordance with the approved concept plan.
(g) to install at the Owner's cost, any fire hydrant required by the Ontario Building Code as directed by the
S: (Site Plan lFonnsUpproval Letters & Conditions lApproval Letters - Planned Section 41 Agreement.doe
Pew 44 of 270
City's Chief Building Official.
(17) to implement the conceptual building design in accordance with the approved building elevation drawings
to the satisfaction of the City's Director of Development & Housing Approvals
(i) Omitted.
4_ Within six months of occupancy, or as soon as weather conditions permit, of the proposed
development, the Owner agrees to fulfil each of the conditions which follow:
(a) to complete the site grading and drainage scheme in accordance with the Grading and Drainage Control
Plan that was satisfactory to the City.
(h) to complete any stormwater management scheme and all related drainage control facilities in accordance
with the Plan accepted by the City's Director of Engineering Services.
(r) to complete the tree management requirements for the lands in accordance with the approved Tree
Preservation/Enhancement Plan.
(d) to complete the landscaping in accordance with the approved Landscape Plan.
(e) to install or demarcate on-site any vaults, central storage and collection areas, or other facilities for the
storage of garbage and recyclable material, including those which may be internal to a proposed or
existing building or to locate and construct the supporting concrete pad (and roofed enclosure if required)
for any outdoor garbage and recyclable material containers in accordance with the approved Landscape
Plan.
to install all fencing and visual barriers as indicated on the Site Plan in accordance with the approved
Landscape Plan and so as not to obstruct the visibility of vehicular or pedestrian traffic.
to complete, at the Owner's cost, the landscaping on all adjacent public property in accordance with the
approved Landscape Plan.
to install 0.15 metre raised curbing in the locations shown on the Site Plan.
to implement the approved Site Lighting Plan.
to pave all areas intended to facilitate on-site vehicular movement, parking and loading, as shown on the
Site Plan, with hot -mixed asphalt or equivalent and to demarcate the parking on said pavement.
s k) (i.p for the purpose of this Agreement "Site Development Works" to be done by the Owner shall
include:
(a) On Site works:
Stormwater management facilities and rough grading; plant material; landscape paving
essential to the functioning of the site, landscape structures including but not limited to
fencing, screen walls, retaining walls, roofed enclosures for garbage and recyclable
materials, planters; fine grading; sodding and seeding; lighting; curbing; concrete
sidewalks; paving for vehicular traffic and parking and demarcation of parking on
pavement; and
(b) Off Site works:
Closure of redundant driveways; fine grading and sodding or other approved landscaping
within the boulevard. Additional required off-site works may be done by the City at the
Owner's cost, as specified in this Agreement.
pa e All
rle_ of270
S: (Site Plan TormslApproval Letters & Conditions lApproval Letters - Planned Section 41 Agreement.doc Rev. _2__4 - Pg. 7
(c) (II) to submit to the City's Director of Engineering Services (for stormwater management, municipal
sewer, site grading) and the City's Director of Development & Housing Approvals (for all other site
development works) Site Development Works Certification Forms prepared by the appropriate
Consultants certifying that the site development works required under this Agreement have been
completed in accordance with the respective plans prepared by such consultant and accepted by
the City. The Letter of Credit posted by the Owner will not be reduced until such time as 50% of the
value of the site development works have been completed in conformity with the approved design
and a Site Development Works Certification Form has been submitted by the Owner and found
acceptable by the City's Director of Engineering Services for all storm water management and/or
grading works, including landscaping integral to such works, required under this Agreement. Upon
receipt of all other Site Development Works Certification Forms required under this Agreement and
same being submitted by the Owner and found acceptable by the City's Director of Development &
Housing Approvals, further reductions for other site development works completed in conformity
with the approved design, in amounts in accordance with the cost estimate, may be permitted by
the City according to the Performance Securities Policy.
(�) despite the foregoing, the City may, at its sole option, permit the Owner to provide security
for the completion of the site development works required in this Agreement in accordance
with the City's Performance Securities Policy in effect on the date that the Owner has
completed all other requirements for issuance of the first building permit for development of
the lands in accordance with this Agreement.
(ii) the Letter of Credit shall be kept in force until the completion of the required site
development works in conformity with the approved design and the requirements of this
Agreement. If the Letter of Credit is about to expire without renewal thereof and the works
have not been completed in conformity with their approved designs, the City may draw all
of the funds so secured and hold them as security to guarantee completion unless the City
Solicitor is provided with a renewal of the Letter of Credit forthwith.
(iii) in the event that the Owner fails to complete, to the satisfaction of the City's Director of
Development & Housing Approvals, the required site development works in conformity with
its approved design and the other requirements of this Agreement within the time required
by this Agreement, then it is agreed by the Owner that the City, its employees, agents or
contractors may, at the City's sole option and in addition to any other remedies that the City
may have, enter on the lands and so complete the required site development works to the
extent of monies received under the Letter of Credit. The cost of completion of such works
shall be deducted from the monies obtained from the Letter of Credit. In the event that
there is a surplus, the City shall pay it forthwith to the Owner. In the event that there are
required site development works remaining to be completed, the City may by by-law
exercise its authority under the Municipal Act to have such works completed and to recover
the expense as permitted by law.
(iv) other forms of security may be substituted for Letters of Credit, at the request of the Owner,
provided that approval is obtained from the City Treasurer and the City Solicitor.
(k) Omitted.
(1) Omitted.
im) the Owner's Engineer will be required to inspect and certify, at the Owner's sole cost, to the City's Director
of Engineering Services that all internal and external services, grading and stormwater management
requirements have been constructed in accordance with the approved Engineering drawings and reports,
prior to the reduction of the Letter of Credit held for the site development works. The Letter(s) of
Certification shall be in a format acceptable to the City's Director of Engineering Services. The City's
Director of Engineering Services may, upon pre -qualification of such, accept the use of other qualified
S: (Site Plan lForn+sUpproval Letters & Conditions Upproval Letters - Planned Section 41 Agreement.doc
Rage44& cif 270
professionals for certain components of the design, inspection and certification process.
The Owner's Landscape Architect and the Owner's Lighting Consultant will be required to inspect and
certify, at the Owner's sole cost, to the City's Director of Development & Housing Approvals that all
planting, surfacing details, fencing, visual barriers, site lighting and other site facilities shown on the
landscape and lighting plans have been constructed in accordance with the approved landscape and
lighting plans prior to the reduction of the Letter of Credit held for Site Development Works. The Letter(s)
of Certification shall be in a format acceptable to the City's Director of Development & Housing Approvals.
The City's Director of Development & Housing Approvals may, upon pre -qualification of such, accept the
use of other qualified professionals for certain components of the design, inspection and certification
process.
5. For the life of the proposed development, the Owner agrees to fulfil each of the conditions which follow and
further agrees that the City shall not release this Section or any of the conditions related to site works required
to be maintained for the life of the proposed development:
(a) to maintain any required stormwater management scheme, in accordance with the scheme that was
satisfactory to the City for the life of the proposed development. To ensure such maintenance the Owner
agrees:
b)
(u)
(d)
(e)
(f)
(i) to develop an operations and maintenance manual which will include at a minimum to inspect all
parts of the stormwater system at least once annually and remove all debris and sediment
therefrom.
(ii) to make all repairs and replacements necessary to assure proper operation of the stormwater
system as defined in the operations and maintenance manual.
(iii) to ensure that no alterations are made to the stormwater management ponds, outlet controls and
their appurtenances unless prior written consent is obtained from the City's Director of Engineering
Services, City's Manager of Environmental Compliance and Utility Performance (Sanitary and
Stormwater Utilities) or through the Ministry of the Environment, Conservation and Parks.
(Iv) to ensure that no alterations are made to the approved grading and drainage system that was
satisfactory to the City, unless prior written consent is obtained from the City's Director of
Engineering Services.
(v) that no material used to surface any parking or loading area shall be changed or additional areas
paved, unless prior written consent is obtained from both the City's Director of Engineering
Services and the City's Director of Development & Housing Approvals.
to maintain the grading and drainage scheme in a state acceptable to the City's Director of Engineering
Services.
to maintain the approved landscaping in a state acceptable to the City's Director of Development &
Housing Approvals.
to maintain the approved outdoor lighting in a state acceptable to the City's Director of Development &
Housing Approvals.
to maintain all required emergency, fire route and traffic signs, including directional, visitor and barrier free
parking, and multiple unit identification signs, to the satisfaction of the City's Chief Fire Official and the
City's Director of Transportation Services.
Omitted.
S: &te Plan lFormslApproval Letters & Conditionsl4pproval Letters - Planned Section 41 Agreement. doc Rev. P . 70
(cti to maintain the existing treed area(s) in accordance with the approved Tree Preservation/Enhancement
Plan. Any future cutting of trees which have been identified for preservation on the approved Landscape
Plan will require either a further plan or study, as determined and approved by the City's Director of
Development & Housing Approvals. Such study shall detail the impact of tree removals on the trees to
remain.
(i,) to maintain all approved garbage and recycling methods as approved by the City's Director of
Development & Housing Approvals.
(i) Omitted.
(j) the Owner acknowledges that snow storage will be stored on site as the identified location(s) on the site
plan and/or grading plan. Where snow storage is not identified on the site plan and/or grading plan or in
situations when accumulated snow exceeds the capacity of the identified location(s), the owner agrees
that due to limited site area, accumulated snow that cannot be managed on site will be hauled off site to
a suitable location by the owner's site maintenance contractor.
(k) Omitted.
(1) to maintain all paved areas intended to facilitate on-site vehicular movement, parking and loading, as
shown on the Site Plan, with hot -mixed asphalt or equivalent and the demarcation of the parking on said
pavement.
At this time our Legal Services Division will be preparing the formal agreement for subsequent execution
by the owner. They will be in contact with you to arrange for the pickup/mailing of the prepared
agreement, however, if you have any questions or concerns with the conditions of this Site Plan
Conditional Approval or Site Plan Approval, please contact Arwa Alzoor immediately.
Once the conditions set out in Sections A & B have been completed, the 5% Plan Review fee has been
paid, and the agreement has been executed and returned to Legal Services in a form that can be
registered, Site Plan Approval will be granted. Legal Services Division will then proceed to register the
agreement. Once this registration occurs, a building permit may then be issued.
If you have questions with respect to the conditions for Site Plan Approval, please contact Katey Crawford at (519)
741-2200 e 7157.
Yours truly,
Arwa Alzoor
Planner
cc Email: M. Seiling, Building
J. Young, Building
J. Brule, Engineering
D. Seller, Transportation
AMANDA file
F. Fluit, Region of Waterloo
Garett Stevenson, MCIP, RPP,
Director of Development & Housing Approvals
B. Grant -Campbell, Legal
Mayor's Office Admin
Councillor Dave Schnider, Ward 2
2589751 Ontario Inc, Owner
K. Crawford, Development & Housing Approvals
S. Djuric, Development & Housing Approvals
.S: (Site Plan lFortnsUpprovel Letters & ConditionsUpproval Letters - Planner) Section 41 Agreenient.doc
'PW 45 bf 270
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Written submission written by:
Danielle Kraftchick
Supported by:
Peter and Ellen Kraftchick
Marc and Deborah Fernandes
Regarding site plan: SP24/047/F/AA
Address: 165 Fairway Rd
My property (Danielle Kraftchick), my parents (Peter & Ellen Kraftchick) and our neighbours
(Marc & Deborah Fernandes) properties are directly attached to the property at 165 Fairway
Road. Our yards would be directly impacted by the 0 variance on the side yard.
Previously, the owner that owned the Tool and Die shop had the property changed to residential,
with no notice to neighbouring properties. Variances were also previously given before this
property was zoned as residential to build to the current state. The existing building is on the
property line, currently it has no windows to 4 of the properties. We have concerns about
allowing 0 variance where will fire exits be, where will windows and our privacy be? What about
maintenance of the building or renovations, are we expected to be providing access through our
own properties? The rear side variance has little impact on the Region's housing complex as
there are no windows on that side of the complex and they are lower grade with a big retaining
wall and fence. The complex is also set back from the property line. Our houses are not lower
grade to 165 Fairway, they are higher. My house is the highest grade and I can clearly see part
of the parking lot over an 8 ft fence from my backyard and bedroom.
The previous variance in 2019 was conditional on plans, and that was based on the building
becoming 6 units with the previous owner. The new owner has submitted a site plan for 33 units
with each unit having 2 full bathrooms. There is a big difference between 6 to 33. Both the Tool
and Die owner and previous owner told us that there would not be a larger complex unit
because Fairway Road's infrastructure would not be able to handle the additional units. What
has changed? Fairway Road reconstruction was removed from the Regions website, and is no
longer listed as a future project. What will happen when the Region widens Fairway to
accommodate a multi use trail vs a sidewalk? Will that result in even less parking?
In the previous meeting in 2019 for variances it was noted that 165 Fairway has existed in the
neighbourhood for a long period of time, with no impact to the neighbourhood. I will point out,
the tool and die business was open at 6am and done at 3pm, most traffic being during business
hours. On Friday's the small staff had a BBQ at 11 am and were all gone by noon and not back
Page 53 of 270
until Monday AM. After the tool and die closed, the owner lived in the building only occasionally
and was gone all winter. There is a big difference between that and 33 units that are not single
units.
Regarding the exception for less parking spaces. There is no street parking on Fairway Rd,
Fairway and Thaler intersection is higher than average for accidents, and crossing Fairway Rd
on foot/bike to get to the bus is not safe. The next closest street is Thaler Ave, which already
has restricted street parking. There is already parking from neighbouring complexes that park
on Thaler Ave. This is for various reasons, no parking, too many vehicles to a household, not
wanting to pay for parking and visitors/overnight guests. How will the owner prevent this from
happening? This was brought up with another complex that was being proposed in the
neighbourhood, but that street had limited street parking, Fairway does not. That developer had
a plan regarding parking and how that would be navigated with tenants and visitors/overnight
guests.
Myself and my father have met and have spoken to the owner. When looking at the site plan, it
shows that they will be replacing the existing 8ft fence with a new 5'10" fence. We have asked
the owner for it to be 8 -1 Oft. If there is 0 variance to the property line, we (ourselves and the
neighbours) would want at least a 1 Oft fence. For the neighbours property there is no allowance
for a fence, the building is basically their back fence. There is a faux fence covering regular
cinder blocks, and nicer blocks above the faux fence. I have also asked for the waste receptacle
to not be on the property line to our houses, but to be to the parking lot and driveway of the
existing apartment building. I also said I was concerned with bicycle storage and how secure it
would be being along our fence line. I also asked for any windows to be kept below the fence
line, so that strangers were not overlooking our yards.
We are not naive, we know that housing is needed. We are asking that when considering
housing,to think about our privacy of our own yards because of variances and exceptions that
have been given. We have young families and want to be able to enjoy our backyards or our
own bedrooms without strangers overlooking our yards through windows that weren't there,
without the smell of waste receptacles, or headlights in our bedroom windows.
I have attached photos of what is existing currently to understand.
Thank you for reading our concerns,
Danielle Kraftchick, Peter & Ellen Kraftchick, Marc & Deborah Fernandes
Page 54 of 270
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