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HomeMy WebLinkAboutCA Agenda - 2018-05-151 THE CITY OF KITCHENER Kitchener City Hall COMMITTEE OF ADJUSTMENT 200 King St NOTICE OF HEARING Box 1118 n Kitchener ON N2G 4G7 KITC HENF �! Pursuant to the Planning Act, R.S.O. 1990, c. P. 13, 519-741-2200 ext. 7594 As amended and Ontario Regulations 197/96 and 200/96, as amended. holly. dyson@kitchener.ca TAKE NOTICE THAT the Committee of Adjustment for the City of Kitchener will meet on TUESDAY, May 15, 2018, commencing at 10:00 a.m., in the Council Chamber, 2nd Floor, Kitchener City Hall, 200 King Street West, Kitchener for the purpose of hearing the following applications for Minor Variance and/or Consent. Applicants must attend this meeting in person or by agent or solicitor. You have received this notice pertaining to the application number referenced on the front of your envelope as a courtesy. Anyone having an interest in any of these applications may attend this meeting. Please note this meeting is open to the public and may be recorded. Copies of written submissions and public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca. Comments will be available using the calendar of events, see the meeting date for more details. APPLICATIONS FOR MINOR VARIANCE AND / OR CONSENT PURSUANT TO THE PLANNING ACT A 2018-043 - 51 Chestnut Street Permission to legalize an existing duplex having exterior stairs located 0.392m from the side lot line abutting Luella Street rather than the required 3m. A 2018-044 - 1275 Bleams Road Permission to expand the existing Religious Institution use by 17% whereas the By-law (Special Use Provision 351U) only permits the use to occupy the Gross Floor Area (GFA) that existed on or before October 28, 2013. The Religious Institution use will continue to occupy 100% of the building. A 2018-045 - 46 Paige Street Permission for a single detached dwelling under construction to have a building height of 11.5m rather than the maximum permitted height of 10.5m. A 2018-046 - 671 Glasgow Street, Unit 7 Permission to construct a covered outdoor living space in the rear yard, which under the Zoning By-law is defined as a side yard, having a side yard setback of 2.42m rather than the required 7.62m. A 2018-047 - 1402-1430 Highland Road West Permission to reduce the required parking rate for a multi -residential development from 1.5 spaces per unit to 1.5 spaces for the first 36 dwelling units and 1.0 spaces per unit thereafter; and, to provide 10% off- street visitor parking spaces rather than the required 20%. A 2018-048 - 624 King Street West Permission to construct a 6 -storey multi -residential building having 71 -units with 49 off-street parking spaces (0.69 spaces/per unit) rather than the required 49 off-street parking spaces (1 space/per unit). A 2018-049 - 268 Frederick Street Permission to construct an attached 3 -car garage with rooftop amenity space on an existing commercial/residential dwelling having a rear yard setback of 4m rather than the required 7.5m; an easterly side yard setback of 0.77m rather than the required 1.2m; the required off-street parking spaces to be located 0.87m from Pequegnat Avenue rather than the required 6m; and, to have 4 of the required 5 off- street parking spaces for the office and dwelling unit to be located in tandem to the garage whereas the By- law does not permit tandem parking. Page 1 of 2 B 2018-031 and B 2018-032 — 25 & 75 Fallowfield Drive Permission to sever an irregular parcel of land from 75 Fallowfield Drive having an approximate width of 38.7m, an approximate depth of 95.8m and an area of 2,823 sq.m. to be conveyed as a lot addition to 25 Fallowfield Drive. Permission is also being requested to grant easements having a width of 3.05m and a depth of 78.2m located adjacent to the new lot line between 25 & 75 Fallowfield Drive for mutual access and servicing. 75 Fallowfield Drive is intended for residential development. • additional information is available at the Legislated Services Department, 2nd Floor, City Hall, 200 King Street West, Kitchener (519-741-2200 ext.7594). • copies of written submissions/public agencies' comments are available on Friday afternoon prior to the meeting on the City of Kitchener website www.kitchener.ca in the calendar of events, see the meeting date for more details. • anyone having an interest in any of these applications may attend this meeting. • a person or public body that files an appeal of a consent decision of the Committee of Adjustment must make written submissions to the Committee before the Committee gives or refuses to give a Provisional Consent otherwise the Ontario Municipal Board may dismiss the appeal. • any personal information received in relation to this meeting is collected under the authority s. 28(2) of the Planning Act, R.S.O. 1990, c. P.13, and will be used by the City of Kitchener to process Committee of Adjustment applications. Questions about the collection of information should be directed to Holly Dyson at holly.dyson(o)kitchener.ca. • if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer, Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles you to be advised of a possible Ontario Municipal Board hearing; even if you are the successful party you should make this request as the decision could be appealed by the applicant or another party. Dated the 27th day of April, 2018. Dianna Saunderson Secretary -Treasurer Committee of Adjustment THIS NOTICE OF HEARING IS BEING SENT TO YOU AS A COURTESY. THE PRESCRIBED NOTICE OF HEARING FOR THIS COMMITTEE OF ADJUSTMENT MEETING WAS PUBLISHED IN THE RECORD ON APRIL 27, 2018. Page 2 of 2 Staff Report KiTCR Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Technical Assistant (Planning and Zoning) — 519-741-2200 ext. 7860 WARD: 10 DATE OF REPORT: May 4, 2018 REPORT #: DSD-18-023 SUBJECT: A2018-043 — 51 Chestnut Street Applicants — James Gough Approved with Conditions Location Map: 51 Chestnut Street RECOMMENDATION That minor variance application A2018-043 requesting relief from Section 5.6.1 a) to permit exterior stairs to have a side yard abutting a street setback of 0.392m whereas 3.Om is required; be approved with conditions. 1. A Building Permit is obtained from the City's Building Division for the exterior stairs by November 1, 2018. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 51 Chestnut Street is zoned Residential Five (R-5), 129U in the Zoning By-law 85-1 and designated Low Rise Conservation A in the Central Frederick Secondary Plan of the City's Official Plan. The applicant is proposing to build an exterior stairs for a duplex dwelling. Relief is being sought from Section 5.6.1a) of the Zoning By-law to allow the exterior stairs to have a side yard abutting a street setback of 0.392 metres rather than the required 3.0 metres. It should also be noted that the subject property has previously applied for a Committee of Adjustment decision (A2017-083) to legalize the existing setbacks of the dwelling and reduce the parking requirement, which has been approved by the Committee. City Planning staff conducted a site inspection of the property on April 26, 2018. 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 offer the following comments. The subject property is designated Low Rise Conservation A in the Central Frederick Secondary Plan in the City's Official Plan. (Secondary plan policies of the 1994 Official Plan remain in effect as they were not changed as part of the 2014 Official Plan review). This designation permits low density forms of housing such as duplex dwellings. The proposed variance conforms to the designation as it is the opinion of staff that the requested variance meets the general intent of the Official Plan. 2. The requested minor variance for the exterior stairs to have a side yard abutting a street setback of 0.392 metres rather than the required 3.0 metres continues to meet the general intent of the Zoning By-law and can be considered minor. The general intent of the side yard abutting a street setback is so the stairs do not encroach into the public realm and negatively impact the surrounding neighbourhood. The property currently has an existing fence which will help enclose the stairs within the property. The stairs are also a requirement in order to meet the Ontario building code to provide a secondary exit for the duplex dwelling. The addition of the stairs will not adversely affect the subject property, and it is not anticipated that any negative impacts on the adjacent residential properties will result from the variance required. 3. Staff is of the opinion that requested variances are minor and the approval of the side yard abutting a street setback will not adversely affect the subject property nor will it interfere with the functionality of the surrounding neighbourhood. 4. The requested variance is appropriate for the development and use of the land. Staff is of the opinion that the variance will cause no negative impacts on the surrounding properties within the neighbourhood. 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 provided a building permit be obtained for the stairs. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. Although the subject property does not have formal heritage status (not designated or listed on the Municipal Heritage Register), the owner of the property municipally addressed as 51 Chestnut Street is advised that the property is located within the Central Frederick Neighbourhood CHL. The owner will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Note that the subject property is located within the Central Fredrick Secondary Plan. The City will be commencing a secondary plan review in 2018. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake, Senior Heritage & Policy Planner, by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)kitchener.ca). Tim Seyler, BES Juliane von Westerholt, MCIP, RPP Technical Assistant Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Staff Report Development Services Department 1 KNER www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Siobhan Kelly, Student Planner— 519-741-2200 ext.7074 WARD: 5 DATE OF REPORT: May 7, 2018 REPORT #: DSD -18-024 SUBJECT: A2018-044 -1275 Bleams Road Applicant — Schiedel Construction Incorporated Approve RA Location Map: 1275 Bleams Road RECOMMENDATION A That Application A2018-044 requesting relief from Appendix C, Special Use Provision 351U of By-law 85-1 to expand the existing Religious Institution by 17% whereas the Zoning By-law permits the use to occupy 100 percent the gross floor area that existing on or before October 28, 2013, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 1275 Bleams Road is designated Neighbourhood Institutional in the Rosenberg Secondary Plan and is zoned Restricted Business Park Zone (B-2) in Zoning By-law 85-1 with Special Use Provision 351 U. The subject property is located in close proximity to the intersection of Bleams Road and Fischer Hallman Road. The property currently contains the existing church and parking lot which is located to the front of the building. The applicant is requesting relief from the Special Use Provision 351 U to expand the existing Religious Institution by 17 percent whereas the By-law only permits the use to occupy 100 percent of the gross floor area that existed on or before October 28, 2013. City Planning staff conducted a site inspection of the property on April 23, 2018 1275 Bleams Road 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 offer the following comments. The subject property is designated Neighbourhood Institutional in the Rosenberg Secondary Plan. Lands designated Neighbourhood Institutional that are not identified as a potential school site will permit educational establishments, religious institutions, community facilities, residential care facilities, day care facilities, and Low Density Residential Two land uses. It is the opinion of staff that the expansion of the legally existing religious institution is in keeping with the general intent of the Secondary Plan as the use has existed on the property since 1995 and as no new religious institution is being proposed. 2. The subject property is zoned Restricted Business Park Zone (B-2) in the Zoning By-law 85-1 with a special use provision. Special Use Provision 351U permits a Religious Institution or Educational Establishment to occupy 100 percent of the gross floor area that existing on or before October 28, 2013. The intent of the Special Use Provision was to ensure that existing religious institutions and educational establishments be considered legal non -conforming. In 2015, a By-law amendment (By-law 2015-068) legalized the existing education establishments and religious institutions that had received the Special Use Provision 351 U. In doing so, the City took away the owners' ability to apply to the Committee of Adjustment for an expansion. Given that the proposed variance will reinstate the development rights to allow the legally existing religious institution to be expanded, it is the opinion of staff that the requested variance meets the general intent of the Zoning By-law. 3. The variance is minor for the following reasons. The proposed expansion is moderate in scale and the existing religious institution will continue to occupy 100 percent of the building. It is the opinion of staff that an expansion of the existing Religious Institution by 17 percent will not impact or compromise the functioning of the subject or surrounding properties. 4. The variance is a result of Special Use Provision 351 U which is applied to the subject property and restricts the owner's ability for future development. It is the opinion of staff that the proposed variance is appropriate considering that the religious institution is an existing use and will continue to occupy 100 percent of the gross floor area of the building, including the area of the new addition. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the addition to the church. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application Engineering Comments: Engineering Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns as no new development is proposed Operations Comments: Operations have no concerns with the proposed application. Policy Comments: Note that the subject property is located within the Rosenberg Secondary Plan. For more information, please contact Juliane von Westerholt by phone (519-741-2200 ext. 7157) or by email (juliane.vonwesterholt(a�kitchener.ca). Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Staff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: 227 1 KNER www.ki tch en er. c a Committee of Adjustment May 15, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Siobhan Kelly, Student Planner— 519-741-2200 ext.7074 Ward 1 May 7, 2018 DSD -18-025 A2018-045 — 46 Paige Street Applicant — Cristian Tosa Approve Subject Lands Location Map: 46 Paige Street RECOMMENDATION That Application A2018-044 requesting relief from Section 38.1 of By-law 85-1 to legalize a building height of 11.5 metres whereas the Zoning By-law permits a maximum height of 10.5 metres, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 46 Paige Street is designated Low Rise Residential in the Official Plan (2014) and is zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The property currently contains a newly built two storey, single detached dwelling. The applicant is requesting relief from Section 38.1 of the Zoning By-law to legalize a building height of 11.5 metres whereas the Zoning By-law permits a maximum building height of 10.5 metres. City Planning staff conducted a site inspection of the property on April 25, 2018. 46 Paige Street 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 offer the following comments. The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and the 1994 Official Plan. The 2014 Official Plan designation is in effect however, a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore, are not being relied upon for this report. Instead, Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. The proposed variance meets the intent of the designation which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance meets the general intent of the Official Plan designation and it is the opinion of staff that the requested variance is appropriate. 2. The applicant has requested a variance to legalize a building height of 11.5 metres whereas the Zoning By-law permits a maximum building height of 10.5 metres. The intent of the 10.5 metre height limit is to ensure that development in residential zones is low density. The purpose of the R-4 zone is to accommodate a range of low density dwelling types. It is the opinion of staff that a 1.0 metre increase in building height continues to meet the general intent of the Zoning By- law, which is to ensure low density development within residential zones. 3. The variance can be considered minor as the increase in building height does not present any significant impacts to the adjacent properties or the overall neighbourhood. The purpose of the variance is to legalize the recently built two storey dwelling. During construction, a pitched capped roof was incorporated, adding one metre of additional height to the building. The impact of this addition is negligible considering the scale and massing of the adjacent properties. 4. The proposed variance is appropriate for the development and use of the land as the residential use is a permitted use in the R-4 zone and as the dwelling continues to reflect the scale, massing, and height of the adjacent properties. As such, it is the opinion of staff that the proposed variance will not negatively impact the subject property or the surrounding neighbourhood. Based on the foregoing, Planning staff recommends that this application be approved Building Comments: The Building Division has no objections to the proposed variance. A building permit has been issued for the new single detached dwelling. Please contact the Building Division @ 519-741-2433 for revision requirements. IF variance is not obtained, the roof must be constructed with the original pitch. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Comments: Engineering Services have no concerns with the proposed application. Operations Comments: Operations have no concerns with the proposed application. Environmental Planning Comments: No environmental planning concerns. Heritage Planning Comments: No concerns with the proposed application. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Staff Report KIT�CHE R Community Services Department wmkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext.7869 WARD: 8 DATE OF REPORT: May 5, 2018 REPORT #: DSD -18-026 SUBJECT: A2018-046— 7-671 Glasgow Street Applicant — Zac Wolochatiuk Approve S P 0817 0? Location Map: 7-671 Glasgow Street RECOMMENDATION: That minor variance application A2018-046 requesting relief from Sections 36.2, 5.6A and Special Regulation Provision 152R to permit a side yard setback of 2.42 metres rather than 7.62 metres for a roofed deck structure, be approved, subject to the conditions in Appendix `A'. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The applicant is requesting a minor variance to allow a 2.42 metre side yard setback for a roofed deck whereas Zoning By-law 85-1 requires a minimum 7.62 metre setback. The subject property is located in a condominium complex that was built in the 1980's and contains seven single detached dwellings. While the proposed structure is located in the `rear yard' of the subject dwelling, because this is a condo development, and for zoning purposes, the proposed structure is located in the side yard of the overall site. Photo of Rear Yard of Subject Lands (Courtesy of Applicant) NEIGHBOURING UNrr Fb WITH AmrnpN. KNORVARIANCE WAS APPROVED FOR T IS ST0.000RE. SITE PHOTO PAGE 719 Planning Analysis 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. The subject lands are designated Low Rise Residential in the Official Plan which permits different forms of housing including single detached dwellings at a low intensity of use. Staff is of the opinion that the general intent of the Official Plan is maintained. Staff is of the opinion that the proposed variance maintains the general intent of the zoning by-law. The property is zoned Residential Two Zone (R-2) with Special Regulation Provision 152R. This zoning permits the subject development and requires a side yard setback of 7.62 metres for the subject dwelling. The owner intends to construct a roof structure for the deck. Section 5.6A.4 of the zoning by-law regulates decks. This regulation states that any covered or enclosed deck must comply with the setback provisions of the dwelling. The owner is proposing a 2.42 metre side yard setback. The purpose of this regulation is to recognize that the side yard functions like a rear yard for the subject dwelling and is intended to ensure private outdoor amenity space. The rear yard is currently developed with a patio as shown in the photo above, which provides a large outdoor amenity space for the residents. Staff is of the opinion that the proposed roof structure will preserve and enhance the use of the deck and outdoor amenity space and that there is also additional grassed space available for other outdoor uses. Staff also notes that if the roofed deck were a free standing screened gazebo (accessory structure) it would be permitted to be located with a setback of only 0.6 metres to a side or rear lot line. The applicant has indicated that the proposed roof structure will make the private outdoor space more useable. Plans show that the roof structure will be integrated into the roof of the dwelling and will only be one story high. As such, staff is of the opinion that it will have minimal impact to neighbours within the development, and that the impact is not different than that of a screened free standing gazebo which is permitted. Furthermore, the proposed structure is adjacent to a green space owned by the City of Kitchener, therefore there are no neighbours to the `rear' that could be impacted by the proposed structure. Based on the foregoing, staff is of the opinion that the variance is minor and is appropriate for the development and use of the lands. Based on the foregoing, Planning staff recommends that the application be approved subject to certain conditions. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed covered patio. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Brian Bateman, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Senior Planner Senior Planner APPENDIX A: MINOR VARIANCE CONDITIONS 1. That a building permit is obtained from the City of Kitchener's Building Division for the proposed roofed structure. Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Staff Report Ki�CR Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 7 DATE OF REPORT: May 4, 2018 REPORT # DSD -18-027 SUBJECT: Application #: A2018-047,1430 highland Road West Applicant: Labreche Patterson & Associates Inc. Recommendation to Approve mio UJI J 0 z UJ zI L alp y 2B 2❑ Ill fell aB°2�x� 3C -3D 3B_ A 4C 4Q 4B.4A 5C -5d 244 5B55A' 6C 6© 66`_&A 7Gj7p1 7B7A 4 ` iTNEAD y'''"274° v 2u V B 246 ,F) 2(80 216201 36, 4 0 25v 58i0�>4 220 w\- 2 5A 1- 213 ) 13013 14C14B15B '. V817 / 1 A1213C 221 % 5 11� 11 ❑ 9B 14106 116 9 10 1430 11 4 88 V 1464 6 5 7 14 8 Subject Property 04, U3 254 2622c�1 � 2 w F_OREST,HEIGHTS 74135 4 2 1? 234 v 2442 6 �yID 8230 _ 218 0� l r X119 Location Map: 1430 highland Road West RECOMMENDATION That application A2018-047 requesting relief from Section 6.1.2 a) to provide parking at a rate of 1.5 spaces for the first 36 residential units, and 1.1 spaces per residential unit thereafter rather than the required parking rate of 1.5 spaces per unit and relief from Section 6.1.2 (b)(vi)(b) to permit a required visitor parking rate of 10% rather than the required 20%, be approved. REPORT: Planning Comments The subject property municipally addressed as 1430 Highland Road West is designated High Rise Residential in the City's Official Plan and zoned R-9 in the City of Kitchener Zoning By-law. The subject lands have site plan approval for a 314 multiple dwelling units within 8 multiple dwelling buildings. The site is currently under construction and the construction of the development is planned over various phases. The first phase of construction included a 36 unit multiple dwelling building which is now completed and registered as a Condominium Corporation. The parking ratio of the lands within the Condominium Corporation will remain unchanged and provide 1.5 spaces per unit. After registering the first phase of the Condominium the developer acknowledged the existing parking ratio of 1.5 spaces per units was an oversupply of parking for the development. The developer conducted a parking study which concluded that a parking rate of 1.12 spaces per unit was appropriate for this size of development. To facilitate the parking reduction the applicant has relief from Section 6.1.2 a) to provide parking at a rate of 1.5 spaces for the first 36 residential units, and 1.1 spaces per residential unit thereafter rather than the required parking rate of 1.5 spaces per unit and relief from Section 6.1.2 (b)(vi)(b) to permit a required visitor parking rate of 10% rather than the required 20%. City Planning staff conducted a site inspection of the property on April 16, 2018. Existing site at 1430 Highland Road West. 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 offer the following comments. The subject property is designated High Rise Residential in the City's Official Plan. The High Rise Residential land use designation provides for high density multiple dwellings and special needs housing to achieve a high intensity of residential use. A minimum Floor Space Ratio of 2.0 and maximum Floor Space Ratio of 4.0 will apply to all development and redevelopment. When planning for new High Rise Residential locations in new community plans and secondary plans or when considering redevelopment opportunities, High Rise Residential uses will generally: a) result in the preservation of features of the natural environment which may otherwise be compromised with more dispersed low density development; b) take advantage of views and vistas; c) constitute neighbourhood landmarks or reference points; d) be located within walking distance of nodes, corridors and public transit stops and non-residential uses; and, e) have a strong focus placed on the creation of links for pedestrians and cyclists with surrounding non-residential uses. The requested variances are appropriate and are located within walking distance of nodes, corridors and public transit stops. The proposed variances meet the general intent of the Official Plan. 2. The requested variance to reduce the parking rate of 1.5 spaces for the first 36 units and 1.1 spaces per unit thereafter, whereas 1.5 spaces is required, meets the general intent of the Zoning By-law. The purpose of the 1.5 parking spaces per unit regulation is to ensure there are adequate parking spaces provided for residents of multiple dwellings. To support the proposed parking rate, the applicant submitted a parking justification study for the subject site, which suggests that 1.12 spaces per unit would be appropriate for the size of this development. The study concluded that 1.02 spaces would be required for unit owners with 0.1 (10%) spaces for visitor use. Additionally the study concluded that Transportation Demand Management (TDM) measures, such as additional secure bicycle parking, unbundled parking, and car share provisions could be used to manage risk associated with parking demand. In summary, the parking justification study indicates that the existing parking rate of 1.5 spaces per unit is an oversupply of parking. As such, Staff is satisfied that a reduction of the parking rate to 1.5 spaces for the first 36 units and 1.1 spaces per unit thereafter, and a 10% visitor space rate will provide adequate parking spaces to the residents of the existing and proposed multiple dwellings. Transportation Staff supports the findings of the parking justification study and has no concerns with the proposed parking rate or TDM measures. 3. The variance can be considered minor as the reduced parking rate will not present any significant impacts to adjacent properties and the overall neighbourhood. 4. The variance is appropriate for the development and use of the land as it is staff's opinion that the requested variance will not impact the subject property, adjacent lands abutting intersection or safety of pedestrian or vehicular traffic. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services has reviewed the parking justification submitted by Paradigm (May 2018) and support their conclusions and recommendations. Engineering Comments: No concerns. Heritage Planning Comments: No concerns with the proposed application. Craig Dumart, BES, MCIP, RPP Junior Planner Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Staff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: J R www. kitchen er. ca Committee of Adjustment May 15, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847 10 May 7, 2018 DSD -18-028 A2018-048 — 624 King Street West Applicant — James Freytt Architect Inc. Approve with Conditions View of vacant property from King Street West *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance RECOMMENDATION That application A2018-048 requesting relief from Section 6.1.2 of Zoning By-law 85-1 to allow parking to be provided at the rate of 0.69 spaces per unit, rather than the required 1.0 space per unit, be approved subject to the following condition: 1. The Owner shall receive final site plan approval for the proposed 6 -storey, 71 unit multiple dwelling. REPORT Planning Comments: The subject property is located at 624 King Street West at the corner of King Street West and Wellington Street North. The property is zoned Mixed Use Two zone (MU -2) and is designated Mixed Use Corridor in the K -W Hospital Neighbourhood Secondary Plan. The applicant is proposing to build a 6 -storey, 71 -unit multiple dwelling on the property with an underground automated parking structure. The Owner and applicant have had a Pre -submission Consultation Meeting with staff for the proposed development, which identified the need for the parking variance. The applicant is requesting relief from Section 6.1.2 of the Zoning By-law to allow parking to be provided at a rate of 0.69 spaces per unit, rather than the required 1.0 space per unit. City Planning staff conducted a site inspection of the property on May 7, 2018. The site is presently vacant as the former buildings were demolished under permit number 2017 105318 in anticipation of a new development. 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 offer the following comments. The proposed variance meets the general intent of the Official Plan. The subject property is designated Mixed Use Corridor in the K -W Hospital Neighbourhood Secondary Plan. This designation permits multiple residential uses and encourages intensive, transit supportive development. The proposed residential development with a reduced parking rate is in keeping with the policies outlined in the City's Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The MU -2 zoning category permits the use of the property for the proposed multiple dwelling, subject to compliance with the regulations. The by-law requires one parking space to be provided for each dwelling unit to ensure there is adequate parking on site for the development. The proposed development intends to provide 0.69 spaces per unit. Staff is of the opinion that the parking reduction meets the general intent of the zoning by-law as the property is located on the LRT route and is within walking distance to a station stop and the future multi -modal hub. There is also bus transit in the area. These alternate modes of travel will support the parking reduction for the proposed building. 3. The variance is minor for the following reasons. The proposed development will provide onsite parking for many of the units, as well as an opportunity to market units to a segment of the population who enjoy the "urban" lifestyle of not requiring a vehicle, or those who may work in the nearby "tech hub" of Kitchener. The owner will be implementing TDM measures (providing bicycle parking/storage above the minimum requirement and charging a separate fee for a parking space) into the development to offset the parking reduction thereby minimizing the impact of the parking reduction. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance 4. The variance is appropriate for the development and use of the land. The central location of the development makes it appropriate to encourage the use of public transit and less reliance on the personal motor vehicle. The TDM measures to be implemented in the design of the building are also appropriate to help reduce the need for vehicle parking. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined above in the Recommendation section of this report. Building Comments: No concerns. Transportation Services Comments: The owner shall submit TDM information for review. City staff will need to review the stackable parking system and ensure that it is appropriate for this development. Engineering Comments: No concerns. Lisa Thompson, CPT Planning Technician Juliane von Westerholt, MCIP, RPP Senior Planner *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Holly Dyson From: Susanne Glenn-Rigny <Susanne.Glenn-Rigny@cn.ca> on behalf of Proximity <proximity@cn.ca> Sent: 07 May, 2018 1:50 PM To: Lisa Thompson Cc: Holly Dyson Subject: RE: A 2018-048 - 627 King St W - Committee of Adjustment Courtesy Notice - May 15, 2018 Meeting Good afternoon Lisa, I received the notice of the committee of adjustment meeting on May 15th and noted that there is request for permission to construct a 6 storey residential development at 624 King Street West. This development is approximately 180 meters from CN line. This line is currently leased to GXR. I would offer the following comments on the development CN Rail would like to see a full Noise and Vibration Study undertaken. If this has been done, could a copy be forward to us for review. CN's standard position is to encourage that Class 1 thresholds be met, even if mitigation associated with Class 4 is implemented. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. Please contact me if you have any questions on these comments. I will be traveling this afternoon and then working out of Calgary for the rest of the week. I can be reached at 514-919-7844 (cell) Regards Susanne Susanne Glenn-Rigny, MCIP, RPP, OUQ Agente principale/Senior Officer Planification et developpement communautaires/ Community Planning and Development C—NAffaires juridiques/Law Department 935, rue de La Gauchetiere Ouest 15e etage Montreal (Quebec) H3B 2M9 Telephone: (514) 399-7844 Telecopieur: (514) 399-4296 Cell (514) 919-7844 Email: susanne.glenn-rigny@cn.ca From: Holly. Dyson@kitchener.ca <Holly.Dyson@kitchener.ca> Sent: Monday, May 07, 2018 9:12 AM To: Proximity <proximity@cn.ca> Cc: Lisa.Thompson@kitchener.ca Subject: RE: Committee of Adjustment Courtesy Notice - May 15, 2018 Meeting Hi Susanne, The Planner is Lisa Thompson at 519-741-2200 ext. 7847. I've cc'd her here if you'd like to email her for information. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly.dysona-kitchener.ca The Municipal Election is October 22, 2018. Check to see if you are on the voters' list or update your information now at www.voterlookup.ca From: Susanne Glenn-Rigny [mailto:Susanne.Glenn-Rianv@cn.ca] On Behalf Of Proximity Sent: 04 May, 2018 5:50 PM To: Holly Dyson Subject: RE: Committee of Adjustment Courtesy Notice - May 15, 2018 Meeting Good afternoon Holly, Who is the planner for A2018 — 048 624 King Street West? Thankyou Susanne From: HolIy.Dyson@kitchener.ca <Holly.Dyson@kitchener.ca> Sent: Friday, April 27, 2018 2:44 PM To: HolIy.Dyson@kitchener.ca Cc: home@dsh.ca; aherreman@grandriver.ca; Barb.Fairbairn@kitchener.ca; Barbara.Steiner@kitchener.ca; Barry.Cronkite@kitchener.ca; circulations@mmm.ca; bbrown@grandriver.ca; Bob.Gilmore@kitchener.ca; bob@rmccoll.com; Bra ndon.Sloan@kitchener.ca; Brian. Bate man@kitchener.ca; ebruce@region.waterloo.on.ca; Carrie.Musselman@kitchener.ca; Catherine. Lowery@kitchener.ca; Charles.Zeidler@kitchener.ca; Christine. Kompter@kitchener.ca; Proximity <proximity@cn.ca>; CP Proximity-Ontario@cpr.ca; Craig. Dumart@kitchener.ca; Dave.Seller@kitchener.ca; Della. Ross@kitchener.ca; dicybal@rogers.com; dcvbalski@setman.ca; Dianna.Saunderson@kitchener.ca; Eric.Schneider@kitchener.ca; Erin.Mogck@kitchener.ca; Faranak.Hosseini@kitchener.ca; atena-russell@gwrr.com; mberthiaume@gwrr.com; Gloria.MacNeil@kitchener.ca; 2 dpina@grandriver.ca; thughes@grandriver.ca; Hans.Gross@kitchener.ca; Holly. Dyson@kitchener.ca; SFerneyhough@KWHydro.ca; smustafa@kwhydro.ca; Ian.Misheal@kitchener.ca; NoticeReview@infrastructureontario.ca; Janine.Oosterveld@kitchener.ca; mcconkie@mpac.ca; 0meader@weirfoulds.com; JBhatia@regionofwaterloo.ca; ithomson@kwhydro.on.ca; JON.HEBDEN@mpac.ca; Jon.Rehill@kitchener.ca; Juliane.vonWesterholt@kitchener.ca; Justin. Harris@kitchener.ca; ksmith@grandriver.ca; Ken.Carmichael@kitchener.ca; Kim.Bimm@kitchener.ca; Leon. Bensason@kitchener.ca; Linda. Cooper@kitchener.ca; Linda.Dunn@kitchener.ca; Mark. Parris@kitchener.ca; Maureen.Manning@kitchener.ca; MayorsOffice- Council@kitchener.ca; Ada m.Snow@gotransit.com; michelle.drake@kitchener.ca; Mike.Seiling@kitchener.ca; 0ohn.morrisey@ontario.ca; Natalie.Goss@kitchener.ca; preet.kohli@hotmail.ca; bmackinnon@regionofwaterloo.ca; ccrozier@regionofwaterloo.ca; mcolley@regionofwaterloo.ca; rpotvin@kitchener.ca; Robert. Morgan@kitchener.ca; Robert.Schipper@kitchener.ca; sandra.santos@kitchener.ca; Sandro.Bassanese@kitchener.ca; Sheryl.RiceMenezes@kitchener.ca; SYip@regionofwaterloo.ca; Steve.Vrentzos@kitchener.ca; Tim.OBrien@kitchener.ca; Tim.Seyler@kitchener.ca; Tina.MaloneWright@kitchener.ca Subject: Committee of Adjustment Courtesy Notice - May 15, 2018 Meeting Good Afternoon, The Courtesy Notice for the May 15, 2018 Committee of Adjustment meeting is now available at this LINK. Please check the Committee calendar closer to the meeting date to view the reports. Regards, Holly Dyson Administrative Clerk I Legislated Services I City of Kitchener 519-741-2200 ext. 7594 1 TTY 1-866-969-9994 1 holly.dyson(o-)kitchener.ca The Municipal Election is October 22, 2018. Check to see if you are on the voters' list or update your information now at www.voterlookup.ca na We a = "W -W ---jYou 0-- T Staff Report Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: May 8, 2018 REPORT #: DSD -18-029 SUBJECT: A 2018-049 — 268 Frederick Street Applicant/Owner— Paul Bollenbach / 834220 Ontario Inc Approved with Conditions i Photo 1: Aerial of 268 Frederick Street *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. �xc RECOMMENDATION That application A 2018-049 requesting permission to construct an attached three -car garage with a rooftop amenity space on an existing commercial/residential dwelling having a rear yard setback of 4 metres rather than the required 7.5 metres; an easterly side yard setback of 0.77 metres rather than the required 1.2 metres; the required off-street parking spaces to be located 0.87 metres from Peguegnat Avenue rather than the required 6 metres; and, to have four of the required five off-street parking spaces for the office and dwelling unit to be located in tandem to the garage whereas the By-law does not permit tandem parking; and as amended to permit a parking lot not to provide for ingress and egress of vehicles to and from the street in a forward motion whereas it is required by the By-law; be approved subject to the conditions in Appendix W. REPORT Planning Comments: The property is zoned Commercial -Residential One (CR -1) in By-law 85-1 and is designated as Low Density Commercial Residential in the Central Frederick Secondary Plan of the 1994 Official Plan. Staff visited the site on May 8, 2018. It is noted that one additional variance exists in regards to the parking area. An area that contains four or more required parking spaces is defined as a `parking lot' and Section 6.1.2 b) requires a parking lot to provide for ingress and egress of vehicles to and from a street in a forward motion only. It is recommended by staff that this be amended as an additional variance. 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 offer the following comments. The proposed variances meet the general intent of the Official Plan. The Low Density Commercial - Residential designation is to provide for a range of residential and office uses which respect the traffic operations constraints of Frederick Street; and the scale, and use of the adjacent low rise, low density residential area. It also encourages the conservation and continuance of the existing character and quality of the area through improvement of existing architecture, and the development and replacement structures that are in keeping with the community's present scale of development. As well, the applicant has updated the proposed Site Plan to better illustrate the scale of the proposed development in regards to proposed pavement and adjacent sidewalk. A copy of the updated plan is attached. The proposed variances are required to replace an existing detached single car garage with an attached three -car garage. Although the garage is increasing in size, it is located in the rear yard over an area currently used for outdoor parking. There will be no increase in the number of vehicles using the site. The replacement garage will be reviewed in regards to architectural design through a condition that elevation drawings be reviewed and approved by Planning staff. This will ensure that the architecture is in keeping with the neighbourhood and meets the City's guidelines, such as REINS. Photo 2: View from Corner of Pequegnat and Frederick Streets The proposed variances meet the general intent of the Zoning By-law. The intent of the rear yard setback is to ensure that there will be sufficient outdoor amenity area for a dwelling unit. The proposed garage will have an outdoor amenity area on the roof. This rooftop area should have little impact on adjacent lands as the property the east has a parking lot located in the rear yard; and the property to the north has its sideyard located towards the proposed garage (see Photo 1). There will continue to be sufficient setback so as to not adversely impact the side yard of the neighbouring property. The intent of the 1.2 metre side yard setback is to ensure sufficient setback from neighbouring lands. The variance request to acknowledge a 0.77 metre side yard is for the original building that has existed since approximately 1890's and there have been no concerns in regards to the existing building setback. The proposed garage will meet the current side yard requirement of 1.2 metres. The intent of the 6 metre setback for a parking space is to ensure that vehicles do not dominate the streetscape. By regulating the required parking spaces to be setback 6 metres from the street line, this ensures vehicles are not visually impacting the streetscape. However, it is noted that the vehicles for the resident will be parked in the garage. As well, employees may park in the garage. Therefore generally vehicles parked in front of the garage will be for the clients of the insurance office and they will be parked there during office hours, and not 24 hours a day. This would lessen any impact on the streetscape. In addition, it is noted that currently there is pavement located at the side of the house where vehicles have been parking in the past. This does not comply with the Zoning By-law and staff is recommending that the non -complying pavement be removed as part of the Site Plan application condition to ensure that parking no longer occurs in the side yard. This condition, along with the newly developed parking area in the garage and driveway, will bring the parking area into compliance and provide for a better streetscape for the neighbourhood. The intent of not permitting tandem parking and to provide ingress and egress in a forward motion is to ensure that parking areas can function adequately for the people using the property; as well as providing good streetscape aesthetics. As noted above, the use of the property is for an office and one accessory dwelling unit which has existed as uses since the 1960's. The owner lives on site and operates the business and has control over the number of clients and employees that are at the site at any one time. The use has existed for some time and no concerns have been received to date. Photo 3: view of rear yard from Pequegnat Street The proposed variance is minor and is appropriate for the development of the property and streetscape. As noted above under the intent of the Zoning By-law, the proposed variances are for a business and dwelling unit that have existed for many decades with no concerns received to date; and all of the proposed variances will provide for an attached garage that will function and be appropriate for the streetscape. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in Appendix `A' of this report. Building Comments: No comments. Transportation Services Comments: Transportation Services can support the requested variance provide that the following are accommodated for the property: 1. Based on the plan submitted with the application, that parking spaces located in the garage are designated for employees and the residential parking space. 2. That the requested parking reduction applies only to this use (office and accessory dwelling unit). Engineering Comments: No comments. Heritage and Secondary Plan Comments: The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner and the property municipally addressed as 268 Frederick Street is advised that the property is located within the Central Frederick Neighbourhood Heritage Conservation Landscape. The owner and the public will be consulted as the City considered listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Please contact Michelle Drake, Senior Heritage and Policy Planner for more information. Note that the subject property is located within the Central Frederick Secondary Plan. The City will be commencing a secondary plan review in the next 2-5 years. The land use and zoning of the property is subject to change. For more information, please contact Michelle Drake by phone (519-741-2200 ext. 7839) or by email(michelle.drake(a)kitchener.ca). The Residential Intensification in Established Neighbourhood Study (REINS) provides direction for redevelopment projects in established neighbourhoods. The study identifies several recommendations for garages including the location, size, and design of garages. In addition to the recommendations outlined in RIENS, as the subject property is located within the Central Frederick Neighbourhood CHL, the redevelopment should also reflect garages typical of the area. In the Central Frederick Neighbourhood, garages are located at the end of driveways and at the side or rear of the dwelling. The garages are designed to match the main fagade of the house, typically using brick. As such, elevation drawings will be required prior to approval to ensure that the proposed redevelopment reflects the recommendations of RIENS and the character of the Central Frederick Neighbourhood CHL. Region of Waterloo Comments: No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection Sheryl Rice Menezes, CPT Planning Technician (Zoning) Attachment: Update of Proposed Site Plan Juliane von Westerholt, MCIP, RPP Senior Planner APPENDIX A: MINOR VARIANCE CONDITIONS 1. That Site Plan approval for parking layout is obtained from the Planning Division; including removal of non -complying pavement at the side of the building; 2. That the owner submit elevations drawings to the Planning Division; 3. That the conditions noted above be completed no later than October 1, 2018; and, 4. That the owner acknowledge in writing that the dwelling unit be accessory to the business use and occupied only by the owner or staff. Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Staff Report Development Services Department 1 1KR wwwkitch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Catherine Lowery, Junior Planner, 519-741-2200 ext. 7071 WARD: 3 DATE OF REPORT: May 7, 2018 REPORT #: DSD -18-030 SUBJECT: B2018-031 and B2018-032 — 25 and 75 Fallowfield Drive Applicant — David Galbraith, IBI Group Approved with Conditions 51,61--Rd-IMP Pnzr kalhlin 8a6 Yard .. OC}v 0% 351] =' &40GK Y:4NE RA---- 2"1 4ULPNMY HILLS FA%T T POP yn 1` 2 u 4 � u1 13 rot "'�"'"ae,wenn �A��N'Flf I1 _ 56 62 lib 1 7113 ;e k5kr 303.3+I.J BdD -..1-� ..';�rylOC10�06 208 1209i 21 f1 211.., r Ir kr rs 432 J�', llli 213. 9 1Y e !ih i2 3 1 r, ..1118.1921 216 2l4 5f 2 .5256 Ii15 23 121 54 If 60 cr3J/ giDl,12• 222 22 22 '. s 59 k9 i6E D HO iY 1I0 47 Location Map: 25 and 75 Fallowfield Drive RECOMMENDATION I. That application B2018-031, requesting consent to sever an approximately 2,823 square metre parcel of land with approximately 31.2 metres of frontage on Fallowfield Drive from the property addressed as 75 Fallowfield Drive to be conveyed as a lot addition to the property *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. immediately to the west addressed as 25 Fallowfield Drive, be approved as outlined in Appendix `A'. II. That application B2018-032, requesting consent to create a mutual access easement in favour of the both the severed and retained parcels, as shown on the plan submitted with the application, and to create a mutual servicing (stormwater) easement in favour of both the severed and retained parcels, as shown on the plan submitted with the application, be approved as outlined in Appendix `A'. REPORT Planning Comments: The subject properties are designated Medium Rise Residential in the City's Official Plan and zoned currently Residential Six Zone (R-6) in Zoning By-law 85-1. The properties are currently subject to Zone Change Application ZC17/006/F/AP, which proposes to re -zone 25 Fallowfield Drive (including the lands to be conveyed through the lot addition) to R-6 with a special regulation and 75 Fallowfield Drive to R-8 with a special regulation. The properties are currently vacant and proposed for redevelopment of townhouses at 25 Fallowfield Drive and two multiple dwelling buildings at 75 Fallowfield Drive. Site plan applications for both properties have been submitted and have received Approval in Principle (SP17/002/F/AP and SP17/047/F/AP). The Applicant is proposing to sever a portion of 75 Fallowfield Drive to be added as a lot addition to the adjacent property, 25 Fallowfield Drive (132018-031). Further, the Applicant is proposing to create mutual easements in favour of both properties for the purpose of a shared driveway and stormwater services (132018-032). The subject application has been considered under the policies of the City's 2014 Official Plan. Where policies are under appeal and there is a direct co -relation to policies of the 1994 Official Plan, staff refers to the former policies. The properties are designated Medium Rise Residential in both the 1994 and 2014 Official Plans. The intent of the Medium Rise Residential designation in both plans is to accommodate a range of housing types, favouring a mix and integration of different forms of housing to achieve a medium overall intensity of use. With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act, R.S.O. 1990, c. P. 13, Planning staff is of the opinion that the proposed severance conforms to the City's Official Plan and will allow for orderly development that is compatible with the existing community. The severed and retained lots comply with the regulations of the current Residential Six (R-6) zoning, and the Residential Eight (R-8) zoning proposed for 75 Fallowfield Drive. The dimensions and shapes of the proposed lots are appropriate and suitable for the proposed use of the lands, the lands front on an established public street, and both parcels of land can be serviced with independent and adequate service connections to municipal services. Furthermore, the proposed easements for stormwater servicing and driveway access are appropriate as they allow for mutually beneficial access and servicing rights and will allow the resultant parcels to function in an orderly manner following the severance. Lastly, Staff is of the opinion that the proposal is consistent with the Provincial Policy Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. City Planning staff conducted a site inspection of the property on April 13, 2018. 25 and 75 Fallowfield Drive Based on the foregoing, Planning staff recommends that Consent Applications B2018-031 requesting consent to sever an approximately 2,823 square metre parcel of land with approximately 31.2 metres of frontage on Fallowfield Drive from the property addressed as 75 Fallowfield Drive to be conveyed as a lot addition to the property immediately to the west addressed as 25 Fallowfield Drive, and B2018-032 requesting consent to create a mutual access easement in favour of the both the severed and retained parcels and to create a mutual servicing (stormwater) easement in favour of both the severed and retained parcels, be approved, subject to the conditions outlined in Appendix 'A' attached to this report. Building Comments: The Building Division has no objections to the proposed consent. Region of Waterloo and Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS) allows only one service per lot. Separate building permit(s) will also be required for construction of new residential buildings Engineering Comments: An easement is required for the entire length of the 300mm proposed storm service on the retained property in favour of the severed property. The City of Kitchener will not be party to this easement. The easement must be the greater of twice the depth of the service or 5.0m. Engineering and site servicing drawings approved by Engineering Services are required prior to approval of easement location. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Operations Division Comments: Park land dedication will not be required on the severed parcel, as no new development lot will be created as a result of the severance. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: As the application is for a lot addition and creation of an easement for which site plan Approval in Principle has already been granted, Environmental Planning comments have been or will be addressed through the site plan process. Catherine Lowery, BES, MCIP, RPP Juliane von Westerholt, MCIP, RPP Junior Planner Senior Planner APPENDIX `A' That application B2018-031, requesting consent to sever an approximately 2,823 square metre parcel of land with approximately 31.2 metres of frontage on Fallowfield Drive from the property addressed as 75 Fallowfield Drive to be conveyed as a lot addition to the property immediately to the west addressed as 25 Fallowfield Drive, be approved subject to the following conditions: 1. That Application B2018-032 receive full and final approval; 2. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 4. That the lands to be severed be added to the abutting lands and title be taken into identical ownership as the abutting lands. The deed for endorsement shall include that any subsequent conveyance of the parcel to be severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended. 5. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an Application Consolidation Parcels immediately following the registration of the Severance Deed and prior to any new applicable mortgages, and to provide a copy of the registered Application Consolidation Parcels to the City Solicitor within a reasonable time following registration. II. That application B2018-032, requesting consent to create a mutual access easement in favour of the both the severed and retained parcels, as shown on the plan submitted with the application, and to create a mutual servicing (stormwater) easement in favour of both the severed and retained parcels, as shown on the plan submitted with the application, be approved subject to the following conditions. 1. That the Transfer Easement document(s) required to create the Easement(s) being approved herein shall include the following and shall be approved by the City Solicitor in consultation with the City's Director of Planning: a) a clear and specific description of the purpose of the Easement(s) and of the rights and privileges being granted therein (including detailed terms and/or conditions of any required maintenance, liability and/or cost sharing provisions related thereto); b) a clause/statement/wording confirming that the Easement(s) being granted shall be maintained and registered on title in perpetuity and shall not be amended, released or otherwise dealt with without the express written consent of the City. 2. That the Owner provide a digital file of the deposited reference plan(s) prepared by an Ontario Land Surveyor in .dwg (AutoCad) or .dgn (Microstation) format, as well as one full size paper copy of the plan(s). The digital file needs to be submitted according to the City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping Technologist. 3. That the Owner obtains approval of all Engineering and servicing plans required for the proposed development of the severed and retained lands, including the recipient parcel, to the satisfaction of the Director of Engineering Services, prior to deed endorsement. Region of Waterloo File No. D20-20/18 KIT May 4, 2018 Holly Dyson Committee of Adjustment City of Kitchener P.O. Box 1118 200 King Street East Kitchener, ON N2G 4G7 PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. regionofwaterloo.ca Matthew Colley 575-4757 ext. 3210 Re: Comments for Consent Applications B2018-031 and B2018-032 Committee of Adjustment Hearing May 15, 2018 CITY OF KITCHENER B 2018-031 and B 2018-032 25 and 75 Fallowfield Drive, Drewlo Holdings Inc. c/o George Bikas The applicant is proposing to develop the subject properties to accommodate a mixed residential development. In order to advance the two (2) Site Plan applications proposed for the subject property, the applicant is submitting a consent application to add a portion of the existing Block 3 to Block 2 to be used in the future townhouse development on Block 3. In addition, the application includes establishing easements for the provision of services and a shared/common access from Fallowfield Drive. Corridor Planning: An environmental Noise Study (Fallowfield Development Block 2 and 3, Kitchener, Ontario Acoustical Study, dated April 23, 2018) has been completed by the IBI Group and recently submitted to the Region of Waterloo for review. Formal comments regarding the updated Environmental Noise Study will be provided under separate cover. As anchored in a previous Plan of Subdivision application, the owner/applicant is required to complete an Environmental Noise Study at the Site Plan stage for each Block of the subject property. The Environmental Noise Studies completed to date are Document Number: 2716972 in association with the Site Plans for the subject property (SP17/002/F/AP & SP 17/047/F/AP). The recommendations from the final Environmental Noise Study and any required agreements must be completed prior to the clearance of Regional conditions for the Site Plan applications. It is recommended that the City of Kitchener consider completing any required agreements in association with these Consent applications. Water Services: The subject property is located in Kitchener Zone 4, with a static hydraulic grade line of 384 mASL. Any development with a finished road elevation below 327.8 mASL will require individual pressure reducing devices on each water service in accordance with Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal Services for January 2018. Regional staff has no objection to the application subject to the following condition: 1) That prior to final approval, the applicant submit an Environmental Noise Study for each block of the subject property to the Region of Waterloo, City of Kitchener, and CNR for review and approval, and, if necessary, based on the recommendations of the study, enter into a Registered Development Agreement with the City of Kitchener to implement the recommendations of the study. General Comments Any future development on the lands subject to the above -noted consent application(s) will be subject to the provisions of Regional Development Charge By-law 14-046 or any successor thereof. Please accept this letter as our request for a copy of the staff reports, decisions and minutes pertaining to each of the consent applications noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Yours truly, Matthew Colley Planner Document Number: 2716972 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority. Holly Dyson From: Mustafa, Shevan <SMustafa@kwhydro.ca> Sent: 08 May, 2018 1:21 PM To: Holly Dyson Subject: Committee of Adjustment Hello Holly, "The Applicant/Authorized Agent should be aware that KWHI has overhead distribution lines (on Blockline Road) for below applications to ensure compliance with all applicable standards and regulations, a minimum horizontal distance (setback) of 4.5m is required from the projection of the outermost powerline or 5.5m from the centre line of each pole". B 2018-031 Note The values takes into consideration: • The maximum distance a KWHI typical powerline may swing (1.5m) during windy condition. • 3.Om minimum working distance per OHSA • Framing on 7'-6" cross -arm. Outer wire is attached approximately 3'-6" (-1 m) from centre of pole. • If pole line is framed using 9'-6" cross -arm, the distance from centre of pole should be adjusted accordingly. That is, 6.Om from centre line of pole. Regards, Shevan Mustafa, P.Eng Distribution Engineer Kitchener -Wilmot Hydro Inc. 301 Victoria St. South Kitchener, ON N2G 4L2 Phone: (519) 745-4771 EXT. 6399 Fax: (519) 745-0643 Email: smustafa@kwhydro.ca This ennail has been seannec'i CONFIDENTIALITY NOTICE: This message is intended solely for the use of the individual or entity to whom it is addressed, and may contain privileged or confidential information. If you are not the intended recipient or the person responsible for delivering the material to the intended recipient, you are hereby notified that any dissemination, disclosure, copying or distribution of this communication is strictly prohibited. If you received this communication in error, please notify me immediately by return e-mail and delete this material from your system.