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HomeMy WebLinkAboutDSD-2025-475 - A 2025-118 - 630 Benninger Drive REPORT TO: Committee of Adjustment DATE OF MEETING: December 8, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: November 20, 2025 REPORT NO.: DSD-2025-475 SUBJECT: Minor Variance Application A2025-118 - 630 Benninger Drive RECOMMENDATION: That Minor Variance Application A2025-118 for 630 Benninger Drive requesting relief from the following Sections of Zoning By-law 2019-51: i) Section 5.2 a) to permit parking to overlap on a Unit and a Common Element Area in a Vacant Land Condominium, where parking spaces must be located on the same lot as they serve; ii) Section 5.6 b), Table 5-5, to permit a maximum parking requirement of 330 parking spaces (1.4 parking spaces per dwelling unit) instead of the maximum permitted 301 parking spaces (1.3 parking spaces per dwelling unit); iii) Section 5.3.2 b) to permit a 3.4 metre setback from the street line for parking, loading and drive aisles instead of the required 4.5 metres; iv) Section 8.3, Table 8-2, to permit a minimum ground floor street line facade width as a percent of the width of the abutting street of 28% instead of the required 50%; and v) Section 8.3, Table 8-2, to permit a minimum percent street line facade openings of 23% instead of the required 50%; to facilitate the development of multiple residential developments having 231 dwelling units and 6 commercial live/work units in accordance with Site Plan Application SPB25/070/B, BE APPROVED, subject to the following conditions: 1. That the Owner shall receive Site Plan Application SPB25/070/B and ensure that all relined comments are resolved to the satisfaction of the Manager of Site Plans. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2.That the Owner obtain approval of aLandscape Plan, redlined to addressthe comments of Minor Variance Application A2025-118, to the satisfaction of the Manager of Site Plans. 3.That the Owner provide documentation, to the satisfaction of the City Solicitor and the Director of Development and Housing Approvals, which demonstrates the shared parking spaces and access arrangements are in place for the lands subject to Minor Variance Application A2025-118. REPORT HIGHLIGHTS: The purpose of this report is to review Minor Variances fora residential development and proposed live/work units The key finding of this report is that the requested Minor Variances meet the 4 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 th the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located inthe Laurentian West neighbourhood east of Trussler Road and north of Ottawa Street South. Phase #2 Phase #1 Figure 1: Location Map Urban Structure use and Low- 2014 Official Plan. -1) with Site Specific Provisions (27), -law 2019-051. Phase #2 Phase #1 Figure 2: Zoning Map When this subdivision was first proposed through a draft plan of subdivision, the Ontario Municipal Board (OMB) approved an Official Plan Amendment and a Zoning By-law Amendment to rezone the lands from Agriculturalto a mix of Residential, Public Park, and Open Spaceland use designations. The property was zoned MU-1 (Mixed Use); however, a site-specific provision removed the requirement for non-residential uses within the MU-Zone, thereby permitting exclusively residential dwellings. The planning rationale for this change was that it remained consistent with the Provincial Policy Statement (2014) and the Growth Plan for the Greater Golden Horseshoe, while also conforming to the Regional Official Plan Policies and the City of Kitchener Official Plan. The OMB decision concluded that the proposal met the objectives of compact urban form, intensification, and transit-supportive development. As a result, the OMB approved the Official Plan Amendment, Zoning By-law 85-1 Amendment to allow residential development in the MU-1Zone andendorsed the Draft Plan of S-law 2019- 051 came into effect, the site-specific provisions from By-law 85-1 were carried forward, maintaining the same permissions. The property was not rezoned to a fully residential -law establishes non-residential zones before residential zones in its structure. As a result, the lands remained zonedMIX-1 (Mixed Use), with a site-specific provision that removes the requirement for non-residential uses, thereby permitting exclusively residential dwellings. Phase One of the residential development was approved in 2021 through Site Plan Application No. SP21/017/B/CD permitting 225 dwelling units in the form of multiple dwelling buildings and stacked townhouses. Subsequently, the property was subject to a Vacant Land Condominium Application to divide the parcels into 21 Vacant Land Condo Units, which was approved by Kitchener City Council. The development also went through Minor Variance Application No. A2021-140 to allow a minimum ground floor building height of 3 metres for any building with a street-facing façade, instead of the required 4.5 metres, and to permit encroachments for stairs and access ramps with a minimum setback of 0.5 metres from the exterior side yard lot line, rather than the required 1.0 metre. In addition, the site proceeded through a Standard Condominium Application and required an amendment to visitor parking through Stamp Plan B Site Plan Application No. SP24/041/B/TZ Furthermore, a Consent Application (No. B2024-030) for an irregularly shaped access easement was approved by the Committee of Adjustment to facilitate site access. Currently, the site is subject to a Stamp Plan B Site Plan Application to review revisions to the previously approved site plan. These revisions include removing two residential buildings, adding more units in multiple dwelling buildings, updating the parking layout, modifying the landscaping plan, and introducing a live/work unit as part of Phase Two of the development. The purpose of the current application is to review variances associated with Site Plan Application No. SPB25/070/B including: Allowing some parking spaces to overlap the common element portion of the Vacant Land Condominium. Increasing the maximum number of parking spaces. Reducing the required parking setback from the street in a Mixed-Use Zone for the Phase two live-work units. Allowing the width of the flanking side of the building to be less than 50% of the exterior street-facing façade for Phase two live/work units. Providing less façade opening on the flanking side of the building than the minimum required for the Phase two live/work units. The current Stamp Plan B Site Plan Application No. SPB25/070/B has received redlined conditional approval. Staff are awaiting additional information and documentation to address comments from City agencies and other divisions. Development and Housing Approval Staff visited the site on Thursday, November 20, 2025. Figure 3: Phase 2 of the Subject Development Figure 4: An image of the Subject Property from the Corner of the Roundabout Figure 5: The subject property, with part of the site that is constructed within the development Figure 6: The subject property, with part of the site that is constructed facing Benninger Drive 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 Mixed Use Plan, which provides for a broad range of commercial, retail, institutional and residential uses, at different scales and intensities. The Official Plan supports live/work units in any land use designation which permits residential uses, subject to the following: a) the live/work unit is appropriate in massing and scale and are compatible with the built form and the character of the neighbourhood; b) the live/work unit can function appropriately and not create unacceptable adverse impacts for adjacent properties; and, c) adequate parking is available. The site features a mix of housing types, including cluster townhouses, stacked townhouses, and live-work units. As noted in the background section, the Ontario Municipal Board (OMB) approved amendments to allow the entire site to be used for residential purposes. The introduction of live-work units now provides a non-residential component within this area, helping the development align with the intent of the Official Plan by incorporating mixed-use functionality. The variances would maintain the general intent of the Official Plan. Subject Property General Intent of the Zoning By-law Parking location:The Zoning By-law requires that parking spaces and bicycle parking stalls be provided and maintained for each use on a lot and located on the same lot as the use(s) they serve. This ensures convenient access and functionality, prevents spillover parking onto adjacent properties, and maintains compliance with zoning regulations. In this case, the entire site functions as a Vacant Land Condominium. Parking is calculated for the overall site; however, some spaces, as noted in Figure 8, overlap between Unit One and the common element, which do not operate as a single parcel and could create ownership complexities. The parking will still be located within the overall site, meeting the intent of access and functionality. The variance will allow the parking to beshared in accordance with how the site is intended to function, and it will clarify zoning compliance for this arrangement. Figure 8: The Site Plan for Unit One showing overlapping Parking Spaces Increased parking rate:The maximum parking rate of 1.4 spaces per dwelling is typically permitted in residential zones without non-residential uses to support residents. In mixed- use zones, which in this case, the maximum rate of 1.3 spaces per dwelling is intended to accommodate resident and visitor parking while recognizing access to non-residential uses within a complete community. This site is fully residential with six live/work units, and the applicant is requesting a maximum parking requirement of 330 parking spaces (1.4 parking spaces per dwelling unit) instead of the maximum permitted 301 parking spaces (1.3 parking spaces per dwelling unit)to address market demand in an area with limited public transit options, and where public transit is not considered a practical alternative. Additionally, due to site-specific constraints, the mixed-use zone here provides minimal non-residential uses except for the proposed live/work unit. The proposed increase will help prevent parking overflow onto public streets. Transportation Services has reviewed the rationale and supports the requested variance. Parking setback:The purpose of the 4.5 m setback from the street line for parking is to allow for landscaping, create a visual and physical buffer between the street and parking areas,enhance streetscape aesthetics, improve pedestrian comfort, and comply with zoning and urban design standards. The proposed closest parking space to Benninger Drive is 3.4 metres, based on the redline comment provided by the Urban designer (Figure -9)onthe landscape drawing, additional trees and shrub planting should be provided to screen the exposed parking area. This comment will be addressed as a condition of approval for this variance to ensure the Zoning By-law intent is met. Figure 9: Part of the Landscaped Plan with the Urban Design Comments Street width percentage: The intent of the Zoning By-law requiring a minimum of 50% ground-floor façade width facing the street line is to achieve key urban design objectives such as creating an active streetscape, enhancing visual connectivity, improving the pedestrian experience, and supporting complete communities. The front façade of the proposed live/work building in Phase 2 meets this requirement with 60% of its width facing the front street. However, the flanking side façade along Benninger Drive provides only 28% of the street width adjacent to Unit One of the Vacant Land Condominium. This design improves site visibility at the intersection, which includes a roundabout, and ensures safe circulation. Furthermore, when considering the combined façades of all buildings along Benninger Drive as per Figure 10, the overall frontage exceeds 50%, meeting the intent of the requirement. Opening percentage: The Zoning By-law requires that 50% of the ground floor of a mixed- use building provide openings to create an active street-facing façade and ensure strong visual and physical connectivity with the public realm. This design standard promotes pedestrian engagement, enhances streetscape vitality, and supports the principles of complete communities. The front façade of the proposed building (the live/work building on Phase 2) meets this requirement by providing 50% glazing; however, the flanking side facing Benninger Drive does not comply, providing only 23%. This is because the proposed live/work unit, while classified as a mixed-use building, is intentionally designed to reflect residential characteristics for compatibility with the surrounding neighborhood. The intent is to balance the active frontage requirement with contextual design that respects adjacent residential uses. Unit #1 of VLC Flanking Side Facing Benninger Figure 10: The Site Plan for the whole Property, illustrating the Exterior Street yards Figure 11: Proposed Front (North) Elevation Figure 12: Proposed Flanking (East) Elevation The intent of the Mixed Use zone is to accommodate developments that include a substantial non-residential component, typically on the ground floor of a mixed-use building. However, the site-specific provision for this property overrides that requirement, creating a zoning framework that does not fully align with the standard mixed-use regulations. The proposed live-work units integrate seamlessly with the residential character of the site while introducing opportunities for small-scale retail, office, or service uses. Based on the above, the requested variances meet the general intent of the Zoning By- law. Is/Are the Effects of the Variance(s) Minor? The requested variances are considered minor because they do not change the permitted uses, density, or overall site design. Parking remains on-site, ensuring there is no negative impact on neighboring properties or the streetscape. In addition, the proposed live-work units introduce a modest non-residential component, supporting the creation of a more complete community in a mixed-use zone that allows for only residential use. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed live/work units introduce a non-residential component that can serve the community and enhance the mixed-use character of the site. Parking will remain fully within the property and will be accompanied by enhanced landscaping to mitigate its appearance from the street. This design approach ensures functionality and minimizes visual impact, while the additional parking helps avoid excessive street parking. Based on these considerations, the requested variances are desirable and appropriate for the development. Environmental Planning Comments: No concerns. All natural heritage issues and Tree Management Policy compliance were addressed through the Environmental Impact Statement and General Vegetation Overview and Detailed Vegetation Plan submitted in support of Zoning By-law Amendment Application and Draft Plan of Subdivision Application 30T-08204. All trees in this area were approved for removal at that time. Heritage Planning Comments: No heritage comments or concerns. Building Division Comments: The Building Division has no objections to the proposed variances, provided a building permit for the live/work units is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No Comments or Concerns. Parks and Cemeteries/Forestry Division Comments: No concerns, no requirements. All Parks and Forestry requirements will be addressed through Site Plan Application SPB25/070/B. Transportation Planning Comments: The applicant has requested a minor variance to permit a maximum parking requirement of 330 parking spaces (1.4 parking spaces per dwelling unit) instead of the maximum permitted 301 parking spaces (1.3 parking spaces per dwelling unit). This increase is intended to respond to market demand in an area where public transit options are limited and not considered a practical alternative for residents. Transportation Services has reviewed the applicant's rationale and supports the proposed variance. Six Nations of the Grand River Elected Council (SNGREC) Comments: Treaty Rights Accommodation and Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by negatively impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounts for Six Nations people. Please contact lrlust@sixnations.ca to schedule a meeting to collaborate on determining compensation. SNGREC requires commitment to compensation before Detail Design. Minor Variance-Specific Comment: Parking: SNGREC encourages minimizing parking and does not support the increased parking minimums. New developments should have a transit-oriented future in mind and should avoid promoting car-centric living. Instead, developers should be considering mixed-use developments and working with the City to implement transit options. Site Plan Related Comments: Landscaping: SNGREC requires that native plant species be prioritized in landscaping efforts and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses . SNGREC strongly encourages the creation of pollinator gardens using native plant species in landscaped areas not intended for human movement. Pollinator gardens can offer food, breeding space, and sanctuary for pollinators that are harmed by human expansion as they lose functional habitat, and their remaining habitat becomes more fragmented. Community gardens could also be implemented alongside pollinator gardens for an added community benefit. These will also increase the visual attractiveness of the area. Bird and Light Friendly Design: SNGREC requests that the buildings and streetscapes are designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf 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 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 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 (2014) Growth Plan for the Greater Golden Horseshoe Provincial Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) PL110574-Apr-16-2012.pdf INDEX OF AMENDING BY-LAWS Zoning By-law 2019-051 DSD-2021-242 A 2021-140 - 630 Benninger Drive 30CDM-23202 30CDM-24211 DSD-2024-483- B 2024-030 - 630 Benninger Drive November 18th, 2025 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment MeetingDecember 9, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1)A 2025 – 117 – 2922 King Street East – No Concerns 2)A 2025 – 118 – 630 Benninger Drive – No Concerns 3)A 2025 – 119 – 455 Old Chicopee Trail – No Concerns 4)A 2025 – 120 – 532 Courtland Avenue East – No Concerns 5)A 2025 – 121 – 546 Courtland Avenue East – No Concerns 6)A 2025 – 122 – 117 Samuel Street – No Concerns 7)A 2025 – 123 – 20 Gildner Street – No Concerns 8)A 2025 – 124 – 131 Gage Avenue – No Concerns 9)A 2025 – 125 – 50-56 Weber Street West & 107 Young Street – No Concerns 10)A 2025 – 126 – 1720 Glasgow Street – No Concerns 11)A 2025 – 127 – 71 Blucher Street – 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. 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. Document Number: 5129065 085291 Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5129065 November 21, 2025via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMarilyn Mills, Re:Committee of Adjustment Meeting December 9, 2025 Applications for Minor Variance A 2025-1172922 King Street East A 2025-118630 Benninger Drive A 2025-119455 Old Chicopee Trail A 2025-122117 Samuel Street A 2025-12320 Gildner Street A 2025-12550-56 Weber Street West & 107 Young Street A 2025-12771 Blucher Street Applications for Consent B 2025-032776 Rockway Drive B 2025-033104 Brentwood Avenue B 2025-03471 Blucher Street B 2025-03567 Blucher Street Grand River Conservation Authority (GRCA) staff havereviewed 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 arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621- 2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority From:Emmett Vanson To:Committee of Adjustment (SM) Cc:Peter Graham Subject:SNGREC Environmental Comments Re: Committee of Adjustment Application Review - December 9, 2025 Meeting Date:Monday, November 17, 2025 11:52:44 AM Attachments:Outlook-01a2z2tl.png SNGREC Env Comments re Kitchener CoA Dec 9 meeting.pdf Hello, Attached are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) regarding the Dec 9th Committee of Adjustments meeting. Please note that due to lack of previous consultation, most comments relate to the site plan or design of the application rather than the minor variance itself. Please ensure that this is communicated to the proponents when comments are passed on. I did not have any comments for any minor variances that not referenced in the attached documents. Thank you for taking my comments. Please do not hesitate to reach out if you have any questions or concerns or connect me with proponents if they have questions or concerns. Niá:wen (thank you), Emmett Vanson, BSc. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council - Lands and Resources Department - Consultation and Accommodation Process Team lrlust@sixnations.ca Confidentiality Notice: This email, including any attachments, is for the sole purpose of the intended recipients and may contain private, confidential, and privileged information. Any unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by reply email and destroy all copies of the original. From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: Friday, November 14, 2025 4:13 PM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Subject: \[External\] ACTION REQUIRED - Committee of Adjustment Application Review - December 9, 2025 Meeting Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 9, 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, November 24, 2025. If you have no comments for the Committee's consideration, you do not need to respond. Connie Owen Administrative Clerk | Legislated Services | City of Kitchener 519-741-2203 | TTY 1-866-969-9994 | cofa@kitchener.ca Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Nov 17, 2025 To:City of KitchenerCommittee of AdjustmentVia: Email Greetings, Included are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) th regardingthe Dec 9Committee of Adjustmentsmeeting. Please note that due to lack of previous consultation, most comments relate to the site plan or design ofthe application rather than the minor variance itself. Please ensure that this is communicated to the proponents when comments are passed on. 1720 Glasgow St Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. SNGREC requests the replacement of Mugho Pine andHicks Yew from the Plant Listwith native species. capacity allows. Page 1of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 107 Young St W Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery 131 Gage Avenue Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Page 2of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery 532&546Courtland Ave E Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery Page 3of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 630 Benninger Drive Treaty RightsAccommodation and Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by negatively impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with andaccommodated for impacts to their rights. SNGREC requiresthat this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounts for Six Nations people. Please contact lrlust@sixnations.cato schedule a meeting to collaborate on determining compensation. SNGREC requires commitment to compensation before Detail Design. Minor Variance-SpecificComment: Parking SNGREC encourages minimizing parkingand does not support the increased parking minimums. New developments should have a transit-oriented future in mindand should avoid promoting car-centric living. Instead, developers should be considering mixed-use developments andworking with the City to implement transit options. Site Plan RelatedComments: Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery SNGREC strongly encourages the creation of pollinator gardens using native plant species in landscaped areas not intended for human movement. Pollinator gardens can offer food, breeding space,and sanctuary for pollinatorsthat are harmed by human expansionas they lose functional habitat,and their remaining habitat becomes more fragmented. Community gardens could also be implemented alongside pollinator gardens foran Page 4of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 added community benefit.These will also increase the visual attractiveness of the area. Birdand LightFriendlyDesign SNGREC requests that the buildings and streetscapes are designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf 2922 KingSt E Parking Minimums SNGREC supports the reduced parking minimums. Site Plan Related Comments: Birdand LightFriendlyDesign SNGREC requests that the building is designed using birdand lightfriendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, directing light downwards,andmore. birdfriendlypractices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requiresthat native plant species are prioritizedin landscaping efforts,andthatinvasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery Page 5of 6 Six Nations of the Grand River Elected Council Lands and Resources Land Use Team 1721 Chiefswood Road, Ohsweken ON N0A 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Thank you for taking my comments. Please do not hesitate to reach out if you have any questions or concernsor connect me with proponents if they have questions or concerns. Niá:wen (Thank you)and kind regards Emmett Vanson, Land Use and Stewardship Technician Six Nations of the Grand River Elected CouncilLands and Resources Consultation and Accommodation Process Team Page 6of 6