HomeMy WebLinkAboutCA Agenda - 2019-12-10COMMITTEE OF ADJUSTMENT
UNFINISHED BUSINESS AGENDA
December 10, 2019 - 10:00 a.m.
MINOR VARIANCE APPLICATION:
Submission No.: A 2019-103
Applicant: Trez MR Holdings (Ontario Ltd)
Property Location: 581 Strasburg Road
Legal Description: Block N, Plan 1335
Permission to construct a 2 -storey addition on an existing 3 -storey multi -residential dwelling,
increasing the units from 21 to a total of 35 residential units having 35 off-street parking spaces
(1.03 spaces/per unit) rather than the required 62 off-street parking spaces (1.75 spaces/per
unit).
CONSENT APPLICATION:
Submission No.: B 2019-019
Applicant: Alphabet Overland Self Storage Inc.
Property Location: 49 Overland Drive
Legal Description: Lot 12 and Part Lots 9, 11 & 16, Plan 791, being Parts 3 & 4 on
Reference Plan 58R-1275
Permission to sever a parcel of land being irregular in shape having an approximate width on
Overland Drive of 114m, an approximate depth of 85m and an area of 9,400 sq.m.; permission
is also being requested to grant an irregular-shaped easement as outlined on the plan
submitted with the subject application over the retained land in favour of the severed land for
stormwater management. The retained land will have an approximate width on Overland Drive
of 158m, an approximate depth of 139m and an area of 28,735 sq.m. A Self
Storage/Warehouse use is proposed for the severed lot and a Contractor Yard and Stormwater
Management Facility is proposed for the retained land.
THE CITY OF KITCHENER Kitchener City Hall
COMMITTEE OF ADJUSTMENT 200 King St w
NOTICE OF HEARING Box 1118
Kitchener ON N2G 4G7
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,
December 10, 2019, 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 2019-131- 54 West Avenue
Permission to convert a single detached dwelling into a triplex having a front yard setback of 1.51m rather
than the required 4.5m; a southerly side yard setback of 0.52m rather than the required 1.2m; a lot width of
12.3m rather than the required 15.0m; and, for the maximum size of an addition to allow a 98% expansion
rather than the maximum permitted 25% expansion.
A 2019-132 - 900 Chapel Hill Court
Permission to construct a single detached dwelling having a rear yard setback of 6.25m rather than the
required 7.5m.
A 2019-133 - 908 Chapel Hill Court
Permission construct a single detached dwelling having a rear yard setback of 6.1 m rather than the required
7.5m.
A 2019-134 - 338 Woodbine Avenue
Permission to construct a single detached dwelling having a driveway located 8.2m from the intersection of
Woodbine Avenue and Sorrento Street rather than the required setback of 9m.
B 2019-073 - 56 Roos Street
Permission to sever a parcel of land having a width of 13.7m, a depth of 58.9m and an area of 823 sq.m.
The retained land will have a width of 13.7m, a depth of 55.8m and an area of 804 sq.m. Both lots are
intended for residential use.
B 2019-074 & B 2019-075 - 32 Forwell Road
Permission to sever two parcels of land located in the northerly rear yard, Parcel 1 having a width of 128m,
a depth of 126m and an area of 1.20ha to be conveyed as a lot addition to the adjacent property municipally
addressed as 80-88 Centennial Road; and, Parcel 2 having a width of 84m, a depth of 163m and an area of
1.33ha to be conveyed as a lot addition to the adjacent property municipally addressed as 36 Centennial
Road.
Page 1 of 2
B 2019-076 & A 2019-135 - 295 Arnold Street/888 Guelph Street
Permission to sever a parcel of land municipally addressed as 295 Arnold Street having a width on Arnold
Street of 99.85m, a depth of 88.49m and an area of 8,461 sq.m. The retained land is irregular in shape
having a width on Maple Avenue of 157.17m, a width on Guelph Street of 8.28 and an approximate area of
2.84 hectares, municipally addressed as 888 Guelph Street. The properties were merged on title and are
being reinstated as separate parcels. Permission is also being requested for minor variances on the retained
land to have a northerly side yard setback of 3.64m abutting a residential zone rather than the required 14m,
as the building wall contains a door and a window; and, a side yard setback of 1.73m abutting Maple Avenue
rather than the required 6m setback.
• 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 Local Planning Appeal Tribunal LPAT) 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(a)kitchener.ca.
• if you wish to be notified of a decision you must make a written request to the Secretary -Treasurer,
Committee of Adjustment, City Hall, 200 King St. W., Kitchener ON, N2G 4G7; this request also entitles
you to be advised of a possible Local Planning Appeal Tribunal 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 22nd day of November 2019.
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 NOVEMBER 22, 2019.
Page 2 of 2
November 1St, 2019
City of Kitchener
200 King Street West
Kitchener, ON
N2G 4G7
Attn: Dianna Saunderson, AMP, Committee Administrator
Re: A 2019-103 - 581 Strasburg Road
Request for Deferral
SHAPING GREAT COMMUNITIES
File No: 19044
At the meeting on September 17, 2019, Committee of Adjustment deferred application A 2019-
103 — 581 Strasburg Road, to allow additional time for the development to receive Site Plan
Approval in principle and address concerns of the tenants related to the construction phase.
As such, the application was rescheduled for the Committee of Adjustment meeting for
December 10, 2019.
At this time, the related Site Plan application has not received "Approval in Principle" from the
City of Kitchener. We also have not fully addressed the tenants concerns but do have a meeting
planned on November 20, 2019 to meet with tenants to discuss any concerns or questions.
On behalf of Trez MR Holdings Inc. (the "Owner"), we respectfully request that minor variance
application A 2019-103 — 581 Strasburg Road be deferred until the next Committee of
Adjustment meeting on January 21St, 2020.
Should you have any questions or require any additional information, please do not hesitate to
contact the undersigned.
Yours truly,
GSP Group
Valerie Schmidt, MCIP, RPP
Planner
Cc: Andrew Pinnell, Planner, City of Kitchener
Philip Pincus, Trez MR Holdings (Ontario) Ltd.
Pam Tolton, ABA Architects
PLANNING I URBAN DESIGN I LANDSCAPE ARCHITECTURE
72 Victoria Street South, Suite 201, Kitchener, ON N2G 4Y9 519 569 8883
162 Locke Street South, Suite 200, Hamilton, ON L8P 4A9 905 572 7477
gspgroup.ca
Staff Repoil
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
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www.kitchener, ca
Committee of Adjustment
December 10th, 2019
Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
Eric Schneider, Planner - 519-741-2200 ext. 7843
3
December 2nd, 2019
DSD -19-280
APPLICATION #: B2019-019
49 Overland Drive
Applicant: Dave Aston- MHBC Planning
Approve with conditions
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Location Map: 49 Overland Drive
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Proposed lot fabrics
REPORT
Planning Comments:
The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated
Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan.
The property received site plan approval in 2018 for a self -storage warehouse facility.
The applicant is requesting permission to sever the subject lands into two lots to allow separate
ownership lot. The severed lot would have a lot width of 114 metres, a depth of 85 metres, and
an area of 9,400 square metres. The retained lot would have a lot width of 158 metres, a depth
of 139 metres, and an area of 28,735 square metres. The applicant is also requesting
permission to grant an easement as outlined in the lot fabric plan over the retained land in
favour of the severed land for stormwater management.
City Planning staff conducted a site inspection of the property on May 3,d, 2019.
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning
Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained parcels are in conformity with the City's
Official Plan and Zoning By-law. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community. The lands front onto a public street and full services are available.
Planning staff is of the opinion that the proposal conforms to the 2014 Official Plan. The Heavy
Industrial Employment designation permits both the self -storage warehouse use and the
proposed contractor's establishment use. The proposed severance is required to create
2
separate lots to allow future redevelopment on the severed lands while the retained lands will
continue to operate as a self -storage warehouse facility.
Based on the foregoing, Planning staff recommends that Consent Application B2019-019,
requesting consent to sever the subject property into two lots and grant an easement over the
retained land in favour of the severed land be approved, subject to the conditions listed in the
Recommendation section of this report.
Site under Development at 49 Overland Drive
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 be required for the
demolition of any existing buildings, as well as construction of any new industrial buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
In addition to the consent application, a Site Plan application has also been received for this
proposal. Environmental concerns will be address through the Site Plan process.
3
Transportation Services Comments:
Considering that funds for a future 1.5m sidewalk was taken through the site plan approval
process, Transportation Services has no concerns with the proposed application.
Engineering Comments:
The proposed severance has changed from the approved Site Plan. Engineering will require
updated Site Plan drawings for grading, servicing and stormwater management.
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is
required to make satisfactory financial arrangements with the Engineering Division for the
installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate storm and water municipal services are currently available to
service this property.
The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive
outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard
should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Operations Comments:
Park land dedication will not be required for the application. Dedication requirements have been
established through Site Plan Application SP18/038/0/LT.
RECOMMENDATION:
That Application B2019-019 requesting consent to sever the subject property into two lots and
grant an easement over the retained lands in favour of the severed lands be approved, subject
to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
satisfaction of the City's Revenue Division;
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 two full size paper copies of the plan(s). The digital file needs to be
submitted according to the City of Kitchener's Digital Submission Standards to
the satisfaction of the City's Mapping Technologist.
3. That the owner submits a site plan application to amend the approved site plan
for the severed lands (SP18/038/0/LT) to the satisfaction of the City's Manager of
Site Development and Customer Service.
4. That the owner submit and obtain approval of revised Grading, Servicing, and
Stormwater Management plans for the severed lands to the satisfaction of the
Director of Engineering Services.
5. That the Owner make financial arrangements to the satisfaction of the City's
Engineering Division for the installation of any new service connections to the
severed and/or retained lands.
6. That the Owner provide a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. That the Owner extend the sanitary sewer in order to achieve a positive outlet for
the retained lands at the owner's sole expense to the satisfaction of the Director
of Engineering Services.
8. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
9. 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
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.
10. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
11. That the Owner register a warning clause on Title that identifies the flooding and
safe access hazards on the severed lot to the satisfaction of the City of
Kitchener, in consultation with the Grand River Conservation Authority.
12. That the Owner creates and maintains an emergency response plan for flood
hazards on the site to the satisfaction of the City of Kitchener, in consultation
with the Grand River Conservation Authority.
Eric Schneider, BES
Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
5
Staff Report
KArrER
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
WARD: 3
DATE OF REPORT: September 5, 2019
REPORT #: DSD -19-230
SUBJECT: APPLICATION #: B2019-019
49 Overland Drive
Applicant: Dave Aston- MHBC Planning
Defer
Location Map: 49 Overland Drive
REPORT
Planning Comments:
The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated
Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan.
The property received site plan approval in 2018 for a self -storage warehouse facility.
As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles
and people have a way of safely entering and exiting the area in times of flooding. This has not
been demonstrated by the applicant, and in discussions with the applicant this may require
additional easements not specified in this application. Therefore, the application is premature
and staff is recommending deferral.
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 be required for the
demolition of any existing buildings, as well as construction of any new industrial buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
In addition to the consent application, a Site Plan application has also been received for this
proposal. Environmental concerns will be address through the Site Plan process.
Transportation Services Comments:
Considering that funds for a future 1.5m sidewalk was taken through the site plan approval
process, Transportation Services has no concerns with the proposed application.
Engineering Comments:
The proposed severance has changed from the approved Site Plan. Engineering will require
updated Site Plan drawings for grading, servicing and stormwater management.
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is
required to make satisfactory financial arrangements with the Engineering Division for the
installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate storm and water municipal services are currently available to
service this property.
The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive
outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard
should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Easements are required in favor of the City over existing sanitary sewer infrastructure on the
severed and retained lands.
Operations Comments:
Park land dedication will not be required for the application. Dedication requirements have been
established through Site Plan Application SP18/038/O/LT.
E
RECOMMENDATION:
That Application B2019-019 requesting consent to sever the subject property into two lots and
grant an easement over the retained lands in favour of the severed lands be deferred for three
months with the option to return sooner.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
3
Staff Report
KArrER
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 21St, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157
PREPARED BY: Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
WARD: 3
DATE OF REPORT: May 13th, 2019
REPORT #: DSD -19-127
SUBJECT: APPLICATION #: B2019-019
49 Overland Drive
Applicant: Dave Aston- MHBC Planning
Defer
Location Map: 49 Overland Drive
REPORT
Planning Comments:
The subject property is zoned Heavy Industrial Zone (M-4) in the Zoning By-law and designated
Heavy Industrial Employment & Natural Heritage Conservation in the City's 2014 Official Plan.
The property received site plan approval in 2018 for a self -storage warehouse facility.
As per the Official Plan (Section 6.C.2.9b) the applicant is required to demonstrate that vehicles
and people have a way of safely entering and exiting the area in times of flooding. This has not
been demonstrated by the applicant, and in discussions with the applicant this may require
additional easements not specified in this application. Therefore, the application is premature
and staff is recommending deferral.
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 be required for the
demolition of any existing buildings, as well as construction of any new industrial buildings
Heritage Comments:
No cultural heritage issues or concerns.
Environmental Planning Comments:
In addition to the consent application, a Site Plan application has also been received for this
proposal. Environmental concerns will be address through the Site Plan process.
Transportation Services Comments:
Considering that funds for a future 1.5m sidewalk was taken through the site plan approval
process, Transportation Services has no concerns with the proposed application.
Engineering Comments:
The proposed severance has changed from the approved Site Plan. Engineering will require
updated Site Plan drawings for grading, servicing and stormwater management.
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies. The owner is
required to make satisfactory financial arrangements with the Engineering Division for the
installation of new ones that may be required to service this property, all prior to severance
approval. Our records indicate storm and water municipal services are currently available to
service this property.
The sanitary sewer on Overland Drive is required to be extended in order to achieve a positive
outlet for the retained lands at the owner's sole expense. Any further enquiries in this regard
should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Easements are required in favor of the City over existing sanitary sewer infrastructure on the
severed and retained lands.
Operations Comments:
Park land dedication will not be required for the application. Dedication requirements have been
established through Site Plan Application SP18/038/O/LT.
E
RECOMMENDATION:
That Application B2019-019 requesting consent to sever the subject property into two lots and
grant an easement over the retained lands in favour of the severed lands be deferred for three
months with the option to return sooner.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt BES, MCIP, RPP
Senior Planner
3
Region of Waterloo
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. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
File No. D20-20/19
KIT
May 14, 2019
Re: Comments for Consent Application B2019-015 through
B2019-023
Committee of Adjustment Hearing May 21, 2019
CITY OF KITCHENER
*k11 pall N1
23 & 25 Wendy Crescent
Yusuf Ishmail
The owner/applicant is proposing a severance to allow for two separate parcels for an
existing semi-detached dwelling.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the proposed severed and retained lots are located within the
6.Okm of outer area of airport zoning area; and located under the airport runway take -off
approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Document Number: 2999380 Version: 1
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
:]KOI Da1Z [1
52 Wilhelm Street
4Front Design Build Partners
The owner/applicant is proposing a severance to allow for two separate parcels to
construct a two storey duplex on each lot.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Noise Study
A detailed noise study will be required to assess the impacts of road traffic from Weber
Street West (RR #08) and rail noise/vibration from CN Railway mainline that are in close
proximity to the proposed development. The recommendations of the detailed noise
study will be required to be implemented as a Regional condition through a registered
agreement with the Region of Waterloo. Condition(s) must be secured as accordingly.
It is the responsibility of the owner/applicant to ensure the development is not adversely
affected by anticipated transportation and/or stationary noise impacts. In this regard the
owner/applicant should prepare an Environmental Noise Study. The noise study must
be prepared in accordance with MOE NPC -300 Guideline.
The noise consultant must be pre -approved by the Region of Waterloo. The noise
consultant is responsible for obtaining current information, applying professional
expertise in performing calculations, making detailed and justified recommendations,
submitting the Consultant Noise Study Declaration and Owner/Authorized Agent
Statement along with three copies of the Environmental Noise Study to the Region of
Waterloo.
Please note that the Region of Waterloo charges $250 for the preparation of traffic
forecasts and review of Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must complete and submit a Transportation Planning Noise
Assessment Fee Form and must request forecasted traffic data for the appropriate
Regional roadways. The form can be found at:
Document Number: 2999380 Version: 1
https://www. regionofwaterloo. ca/en/I iving-here/resources/Design-Standards/Noise-
Assessment-Application--Fee-Form. Pdf
As indicated on the form, traffic forecasts for noise assessments will be prepared within
15 business days of the data of the request, but will be withheld if payment has not
been received.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the applicant submit an Environmental Noise Study to
the Region of Waterloo for review and approval, and, if necessary, based on the
recommendations of the study, enter into a Registered Development Agreement
with the Region of Waterloo to implement the recommendations of the study.
B2019-017
177 Fifth Avenue
c/o MHBC Planning
The owner/applicant is proposing to sever the property into two lots.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-018
69 Amherst Drive
Owl Properties Incorporated
The owner/applicant is proposing to sever the existing single detached residential lot
from the balance of the land holding.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Archaeological Assessment:
The subject property possesses some potential for the recovery of archaeological
resources due to the proximity to an historic road and proximity to a water course (The
Grand River). However, due to disturbance that has occurred on the subject property
since the development of the original subdivision, Regional staff will not be requiring
the submission of an Archaeological Assessment. However, the owner/applicant of the
subject property should be made aware that:
• If archaeological resources are discovered during the development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Tourism, Culture and Sport. If
it is determined that additional investigation and reporting of the archaeological
resources is needed, a licensed archaeologist will be required to conduct this
field work in compliance with S. 48(a) of the Ontario Heritage Act; and/or,
• If human remains/or a grave site is discovered during development or site
alteration of the subject property, the applicant will need to immediately cease
alteration and must contact the proper authorities (police or coroner) and the
Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-019
49 Overland Drive
Alphabet Overland Self Storage Inc.
The owner/applicant is proposing a severance for the creation a new industrial lot. The
severed land is site plan approved for a self storage use. The retained land is proposed
for a contractor yard. The owner/applicant requires an easement for stormwater
management over the retained lands in favour of the severed lands.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Record of Site Condition
The subject property is identified in the Region's Threats Inventory Database (TID) as
having a high threat of contamination on the property. However, in accordance with the
Region's Implementation Guideline for the Review of Development Applications On or
Adjacent to Known and Potentially Contaminated Sites, a Record of Site Condition
(RSC) is not required for the proposed severance.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 2999380 Version: 1
B2019-020
28 Burgetz Avenue
MB Future Homes Ltd.
The owner/applicant is proposing a residential lot severance.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent.
Corridor Planning
Regional Staff advise that the subject lands are located under the airport runaway take-
off approach surface and as such subject to all provisions of Airport Zoning and Federal
Aviation. For further information please contact Kevin Campbell at:
KCampbell(d)-regionofwaterloo.ca
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2019-021 through B2019-23
20-24 Breithaupt Street
2184647 Ontario Limited & Breithaupt Block Inc.
The owner/applicant is proposing to sever the subject property due to construction
financing requirements for the proposed Phase 3 development of the Breithaupt Block.
B2019-021 is to sever the existing lot into two separate parcels. B2019-022 is to grant
an easement between the severed properties in favour of the retained lands for access
purposes. B2019-023 is to facilitate the granting of a lease over twenty-one (21) years.
Community Planning:
Regional Fee
The owner/applicant will be required to submit the Regional consent review fee
($350.00) prior to final approval of the proposed consent B2019-021.
Document Number: 2999380 Version: 1
Record of Site Condition:
The subject property is identified in the Region's Threats Inventory Database (TID) as
having a high threat of contamination both on and adjacent to the property. In
accordance with the Region's Implementation Guideline for the Review of Development
Applications On or Adjacent to Known and Potentially Contaminated Sites, a Record of
Site Condition (RSC) would be required for the proposed consent applications.
Regional Staff acknowledge that RSC #222924 was completed for the proposed
severed and retained lands at 20-24 Breithaupt Street and filed with the Ministry of the
Environment, Conservation and Parks on January 27, 2017. Regional Staff are satisfied
with the submission of an RSC and have no further comments.
Regional staff has no objection to the applications, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
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,
/ l
Matthew Colley
Planner
Document Number: 2999380 Version: 1
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2235
Nancy Davy, Director Fax: (519) 621-4945
Resource Management Division E-mail: ndavy@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
December 2, 2019 B 2019-019 — 49 Overland Drive B2019-019 — 49 Overland Dr
RE: Application for Consent B 2019-019
49 Overland Drive, City of Kitchener
Alphabet Overland Self Storage Inc.
GRCA COMMENT*:
After reviewing additional factors, Grand River Conservation Authority (GRCA) staff will not
object to an approval of the above -noted consent application. Key factors specifically
considered for this site included a review of Schneider Creek and associated flooding hazard,
the frequency of storms where safe access is a concern and zoning for the site. These technical
factors are unique to this site, as described below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a portion of the subject property is
within the Riverine Flooding Hazard (floodplain) of Schneider Creek and its associated 5 metre
regulated allowance. The floodplain is designated as a One Zone Policy Area, meaning that
the entire floodplain is considered "floodway". The floodway is the portion of a floodplain where
development could cause a danger to public health and safety and/or property. The property
is also adjacent to Schneider Creek and its 15 metre regulated allowance.
2. Legislative/Policy Requirements and Implications:
We understand that the applicant is proposing a severance that will result in the creation of a
new vacant industrial lot with an easement for stormwater management.
In accordance with Provincial Policy Statement (2014) Section 3.1.2c:
"Development and site alteration shall not be permitted within areas that would
be rendered inaccessible to people and vehicles during times of flooding
hazards, erosion hazards and/or dynamic beach hazards, unless it has been
demonstrated that the site has safe access appropriate for the nature of the
development and the natural hazard."
.At this time, there is no provincial guidance available for the 2014 PPS for the wording: "unless
it has been demonstrated that the site has safe access appropriate for the nature of the
development and the natural hazard." As noted below, the current provincial technical
guidelines were published in 2002 and they refer to the 1997 PPS wording. The GRCA has
provided submissions to the province requesting a review and update to the Natural Hazard
Technical Guidelines.
Since our previous comments dated September 9, 2019, we have met with the applicant, their
consultants and City staff to discuss the application and have reviewed subsequent
information submitted in support of the application:
Page 1 of 3
Site Development and 100 Year Storm drawing, prepared by MHBC Planning, dated
October 30, 2019
Technical Memo #2 prepared by GM BluePlan Engineering, dated October 30, 2019
We have now had the opportunity to further discuss the nature of the development and the
natural hazard pertaining specifically to this site. Technical factors that are unique for this site
were considered, such as:
- A portion of the retained and severed lots will be outside of the flooding hazard. in the
event of a Regulatory Storm, people on the site could seek refuge outside of the floodplain
on the property or on the portion of Overland Drive outside of the floodplain until the access
is safe to use.
We note that Schneider Creek is an urban system. Depending on the storm event and
characteristics, the duration of flooding may be limited.
- The applicant has provided a drawing titled "Site Development and 100 Year Storm",
prepared by MHBC Planning (dated October 30, 2019) that demonstrates limited flooding
along the access during a 100 -year storm. Please note that while the 100 -year storm
comparison table in the Technical Memo #2 prepared by GM BluePlan Engineering (dated
October 30, 2019) notes 0 metres of flooding during the 100 -year storm, the drawing
shows there will be some flooding along the access. We acknowledge that safe access is
a concern during a Regional Storm event, which has a lower probability of occurring in
any given year.
- For the record, we do not agree that the 3x3 rule should be considered for safe access in
this application. Based on the language in the Technical Guide -- River & Stream Systems:
Flooding Hazard Limit (Ontario Ministry of Natural Resources, 2002), it is our
understanding that the 3x3 rule applies to trained professionals with appropriate
equipment.
- We understand that the zoning currently permits the business proposed at this time.
However, we have concerns with the existing zoning of Heavy Industrial Zone (M-4), which
allows some sensitive uses. We understand that the CRoZBy zoning will further refine the
permitted uses on the property as Employment Zone EMP -3 and remove sensitive land
uses such as a daycare. Further, the Flooding Hazard Overlay under CRoZBy notes that,
"Despite anything else in this By-law, the following uses shall not be permitted to locate
within lands shown as affected by the Flooding Hazard Overlay:
o iii) a use with outdoor storage of any materials, either temporary or permanent
(Section 17.2.1).
- Please note that future site plan comments will reflect that new development on the
proposed vacant lot must be sited outside of the floodplain. Areas for parking of vehicles
and equipment will also be reviewed and recommendations will be made to reduce any
parking of equipment in the floodplain, as it will be subject to property damage in the event
of flooding.
- The City of Kitchener is accountable for emergency response planning. We strongly
recommend the City consider the implications of access for emergency vehicles and
responders along Overland Drive in the event that emergency response measures are
needed in times of flooding.
- We note that Ontario's Special Advisor on Flooding's report to the province recommends
that the Natural Hazard Technical Guidelines be updated. Changes to the guidelines may
affect future development of this site.
If the Committee of Adjustment approves this application, we recommend the following condition
be applied.
1. The owner register on Title wording that identifies the flooding and safe access hazards
on the vacant lot and that the landowner is responsible for maintaining an emergency
Page 2 of 3
response plan for flood hazards on this site. The wording of this clause will be to the
satisfaction of the City of Kitchener and Grand River Conservation Authority.
A similar condition will be requested by GRCA to be included in a Site Plan Agreement upon
submission of a future site plan application.
Based on the above factors specific to this site, we will not object to this consent application.
However, we do wish to advise the municipality and the applicant that a portion of the site and
access are subject to the flooding hazard. As noted above, the landowner and City should take
all precautions to ensure the safety of property and life in the event of flooding.
Please note that we have yet to receive GRCA's Plan Review fee in the amount of $410 for our
review of the severance application. The applicant should provide this as soon as possible.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact Melissa Larion, Supervisor of Resource Planning at (519)621-2761
ext.2247 or mlarion@grand river. ca
Sincerely,
Nancy Davy, Director of Resource Management
Grand River Conservation Authority
cc: Alphabet Overland Self Storage Inc., 120 Adelaide St W, Suite 803, PO Box 27, Toronto,
ON M5H 1T1
Dave Aston, MHBC Planning (email)
Eric Schneider, City of Kitchener (email)
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
Page 3 of 3
Staff Repoil
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
REPORT
Kix,\�R
wwwkitchener. ca
Committee of Adjustment
December 10th, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Eric Schneider, Planner — 519-741-2200 ext. 7843
9
December 2nd, 2019
DSD -19-276
A2019-131 — 54 West Avenue
Applicant — Mark Buckley- PEG Architecture
Recommendation: Approval
r A -q
t.r e
Location Map: 54 West Avenue
Planning Comments:
The subject property located at 54 West Avenue is zoned Residential Five Zone (R-5) with
Special Regulation Provision 1R in the Zoning By-law. The property is designated Low Rise
Conservation in the Victoria Park Secondary Plan in the Official Plan. Staff conducted a site
inspection of the property on November 22nd, 2019.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is proposing to convert an existing single detached dwelling to a triplex. A triplex
(multiple dwelling of 3 units) is a permitted use, and the applicant has submitted a site plan
application (SP19/107/W/ES).
The applicant is requesting relief from Section 39.2.4 of the Zoning By-law to:
• Allow an expansion to the ground floor area of the existing dwelling by 98%, whereas the
maximum ground floor expansion permitted is 25%,
• Allow a reduction in the minimum lot width from 15 metres to 12.3 metres,
• Legalize an existing front yard setback of 1.51 metres, whereas the minimum required
setback is 4.5 metres,
• Legalize an existing side yard setback of 0.52 metres, whereas the minimum required
setback is 1.2 metres
View of Existing Site (November 22, 2019)
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.
Increase in Ground Floor Area for an Expansion
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
multiple dwelling units is encouraged. The proposal intends to keep within the low rise
context with a one storey addition, and proposes to keep the existing dwelling to create
multiple dwelling units. Therefore, the proposed expansion meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that limits expansions of ground floor area for multiple dwellings
in the R-5 zone is to ensure that the general scale and character of a development fits in
and blends well in established neighbourhoods. Rather than build a three (3) storey addition,
the applicant is proposing to build a one (1) storey addition to be more compatible with the
surrounding area, which is made up of 1 and 2 storey buildings. The applicant's proposal will
fit in better with the existing neighbourhood and surrounding area and therefore the
requested variance meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The proposed addition is appropriate as the building height is being maintained at a
comparable scale to the surrounding neighbourhood. The proposed use of the property as a
triplex is permitted and the one storey addition can considered appropriate.
Is the Variance Minor?
4. The expansion of ground floor area is able to provide adequate parking and amenity space.
No adverse impacts are expected and therefore the variance can be considered minor.
Lot Width
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
multiple dwelling units is encouraged. The proposal intends to keep within the low rise
context with a one storey addition, and proposes to keep the existing dwelling to create
multiple dwelling units. Therefore, the requested variance meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
2. The intent of the regulation that requires a minimum lot width of 15 metres is to ensure that
functionality of access and parking are provided on site. The subject property contains 3
parking spaces in the rear and an adequate driveway. The Site Plan application has
received Approval in Principle and Transportation Services is satisfied with the proposed
access and parking layout. Therefore, the proposal will provide adequate functionality and
access for parking and meets the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The lot width represents an existing condition and is typical of lots in this neighbourhood.
The use of the property for a triplex is a permitted use and has demonstrated that it can be
functional, and therefore can be considered appropriate on this existing lot.
Is the Variance Minor?
4. The deficiency in lot width is small and no adverse impacts are expected. Therefore, the
variance is considered minor.
Setbacks (side and front
General Intent of the Official Plan
1. The subject property is designated Low Rise Conservation in the Victoria Park Secondary
Plan in the Official Plan. This designation aims to retain a low rise, low density residential
character of the neighbourhood and the preservation of existing housing stock to create
multiple dwelling units is encouraged. The proposal intends to keep within the low rise
context with a one storey addition, and proposes to keep the existing dwelling to create
multiple dwelling units. Therefore, the requested variance meets the general intent of the
Official Plan.
General Intent of the Zoning By-law
2. The intent of the setback regulations is to maintain adequate distances from abutting lots
and to provide an adequate buffer from the street line. In this situation, the dwelling has
been existing in this location for over 80 years. The proposed use can function adequately
with the current placement of the existing building. Therefore, the requested variance meets
the general intent of the Zoning By-law.
Is the Variance Appropriate?
3. The existing neighbourhood contains many instances of setbacks that do not meet the
regulations of today's Zoning By-law. The development is occurring within an established
neighbourhood and is preserving the existing housing stock and therefore is considered
appropriate.
Is the Variance Minor?
4. The setbacks represent an existing situation and therefore no adverse impacts are
expected. The variance to legalize existing setbacks can be considered minor.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit for
the change of use and addition to the existing single detached dwelling is obtained prior to
construction. Please contact the Building Division @ 519-741-2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
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 of the property municipally addressed as 54 West Ave
is advised that the property is located within the Victoria Park CHL. The owner and the public
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.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That minor variance application A2019-131 requesting permission to convert a single detached
dwelling into a triplex having a front yard setback of 1.51m rather than the required 4.5m; a
southerly side yard setback of 0.52m rather than the required 1.2m; a lot width of 12.3m rather
than the required 15.0m; and, for the maximum size of an addition to allow a 98% expansion
rather than the maximum permitted 25% expansion be approved.
Eric Schneider, BES
Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
November 18, 2019
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, Sth 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 No.: D20-20/
VAR KIT GEN
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
P1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grandriver.ca
DATE: December 2, 2019 YOUR FILE: A 2019-131
GRCA FILE: A2019-131 — 54 West Avenue
RE: Application for Minor Variance A 2019-131
54 West Avenue, City of Kitchener
Bryan Webb
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor
variance application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that a portion of the subject property is
within the flood fringe portion of the floodplain and the allowance adjacent to the floodplain.
A copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
Development within the flood fringe is subject to applicable Two -Zone Floodplain Policy
Area policies in the GRCA's Consolidated Policies for the Administration of Ontario
Regulation 150/06 and the City of Kitchener Official Plan.
It is our understanding that the minor variance application requests permission to allow a
reduced front yard setback, side yard setback, lot width and also requests an increased
maximum addition size for the proposed expansion. GRCA staff recently reviewed the
proposed development through the site plan approval process and confirmed conformance
with applicable City of Kitchener and GRCA Two -Zone Floodplain policies. As such, we
have no objection to the proposed minor variance application.
Due to the presence of the above -noted features, the subject lands are regulated by the
GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
The proposed development and any future development within the regulated area on the
subject lands will require the prior issuance of a permit pursuant to Ontario Regulation
150/06. The permit process involves the submission of a permit application to this office,
the review of the application by Authority staff and the subsequent approval/refusal of the
permit application by the GRCA.
3. Plan Review Fees:
We wish to acknowledge receipt of the applicable plan review fee in the amount of $410.00
for our review of the related site plan application. As such, a plan review fee for this
application is not required.
N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Minor Variance\A2019-131 Page 1 of 2
54 West Avenue\A2019-131 - 54 West Avenue.docx
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: Bryan Webb (email)
Mark Buckley, PEG Architecture + Interiors (email)
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Minor Variance\A2019-131 Page 2 of 2
54 West Avenue\A2019-131 - 54 West Avenue.docx
Staff Repod
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860
WARD: 4
DATE OF REPORT: November 29, 2019
REPORT #: DSD -19-277
SUBJECT: A2019-132 — 900 Chapel Hill Court
Applicants — MHBC Planning Ltd. on Behalf of Crescent Haven Homes
Inc.
Recommendation: Approval
Location Map: 900 Chapel Hill Court
*** 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 900 Chapel Hill Court is zoned Residential Six (R-6) in the Zoning By-law
85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build
a single detached dwelling and cannot meet the requirements of Section 40.2.2 of the Zoning By-law.
The applicant is requesting relief to allow a rear yard setback of 6.25 metres rather than the required 7.5
metres.
City Planning staff conducted a site inspection of the property on November 27, 2019.
900 Chapel Hill Court
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of Official Plan
1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and
continues to maintain the low density character of the property and surrounding neighbourhood. It is
the opinion of staff that the requested variance meets the general intent of the Official Plan.
General Intent of Zoning By-law
2. The current R-6 zoning requires a 7.5 metres setback from the rear lot line to ensure there is
adequate rear yard amenity space. The property in question is an irregular shaped lot and will be
developed with a single detached dwelling. Due to the shape of the lot as a result of the hydro
corridor, the required rear yard setback cannot be met. The reduction in the rear yard setback is
minimally affecting the rear yard amenity space. Furthermore, the property backs on to a stormwater
management area that will provide an additional buffer as there will not be any future development
directly behind the property. As such, staff is satisfied the requested variance to reduce the rear yard
setback to 6.25 metres whereas 7.5 metres is required meets the general intent of the Zoning By-
law.
Application is Minor
3. The proposed reduction in the rear yard setback will be negligible due to the irregular shape of the
property and will not impact the existing neighbourhood. Therefore, Staff is of the opinion that the
requested variance is minor.
Application in Appropriate
4. The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood.
•.w r IL+
4
A--
Proposed Single Detached Dwelling — 900 Chapel Hill Court
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 for the new
single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Environmental Comments:
Environmental Planning has no concerns with this application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
1
Ozr
MOOOMD 7
04
•.w r IL+
4
A--
Proposed Single Detached Dwelling — 900 Chapel Hill Court
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 for the new
single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Environmental Comments:
Environmental Planning has no concerns with this application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
RECOMMENDATION
That minor variance application A2019-132 requesting permission to build a street fronting
townhouse to have a rear yard setback of 6.25 metres rather than the permitted 7.5 metres, be
approved.
Tim Seyler, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
November 18, 2019
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, Sth 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 No.: D20-20/
VAR KIT GEN
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: December 2, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-103
581 Strasburg Road
A 2019-132
900 Chapel Hill Court
A 2019-133
908 Chapel Hill Court
A 2019-134
338 Woodbine Avenue
A 2019-135
295 Arnold Street/888 Guelph Street
Application for Consent:
B 2019-076 295 Arnold Street/888 Guelph Street
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,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
I
Staff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Tim Seyler, Planner — 519-741-2200 ext. 7860
WARD: 4
DATE OF REPORT: November 29, 2019
REPORT #: DSD -19-278
SUBJECT: A2019-133— 908 Chapel Hill Court
Applicants — MHBC Planning Ltd. on Behalf of Crescent Haven Homes
Inc.
Recommendation: Approval
P-,
Location Map: 908 Chapel Hill Court
*** 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 908 Chapel Hill Court is zoned Residential Six (R-6) in the Zoning By-law
85-1 and designated Low Rise Residential in the City's Official Plan. The applicant is proposing to build
a single detached dwelling and cannot meet the requirements of Section 40.2.2 of the Zoning By-law.
The applicant is requesting relief to allow a rear yard setback of 6.1 metres rather than the required 7.5
metres.
City Planning staff conducted a site inspection of the property on November 27, 2019.
i
908 Chapel Hill Court (Front and rear view)
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offers the following comments.
General Intent of Official Plan
1. The subject property is designated Low Rise Residential in the Official Plan. The intent of this
designation is to encourage a range of different forms of housing to achieve a low density
neighbourhood. The requested variance to permit a reduced rear yard setback is appropriate and
continues to maintain the low density character of the property and surrounding neighbourhood. It is
the opinion of staff that the requested variance meets the general intent of the Official Plan.
General Intent of Zoning By-law
2. The current R-6 zoning requires a 7.5 metres setback from the rear lot line to ensure there is
adequate rear yard amenity space. The property in question will be developed with a single detached
dwelling. The reduction in the rear yard setback will have a minimal effect on the rear yard amenity
space. Furthermore, the property backs on to a stormwater management area that will provide an
additional large buffer as there will not be any future development directly behind the property. As
such, staff is satisfied the requested variance to reduce the rear yard setback to 6.1 metres whereas
7.5 metres is required meets the general intent of the Zoning By-law.
Application is Minor
3. The proposed reduction in the rear yard setback will be negligible and will not impact the existing
neighbourhood. Therefore, Staff is of the opinion that the requested variance is minor.
Application in Appropriate
4. The variance is appropriate for the development and use of the land. The requested variances should
not impact any of the adjacent properties or the surrounding neighbourhood.
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Proposed Single Detached Dwelling — 908 Chapel Hill Court
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 for the new
single detached dwelling is obtained prior to construction. Please contact the Building Division @ 519-741-
2433 with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Environmental Comments:
Environmental Planning has no concerns with this application.
Heritage Comments:
Heritage Planning staff has no concerns with this application.
RECOMMENDATION
That minor variance application A2019-133 requesting permission to build a street fronting
townhouse to have a rear yard setback of 6.1 metres rather than the permitted 7.5 metres, be
approved.
Tim Seyler, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
November 18, 2019
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, Sth 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 No.: D20-20/
VAR KIT GEN
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: December 2, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-103
581 Strasburg Road
A 2019-132
900 Chapel Hill Court
A 2019-133
908 Chapel Hill Court
A 2019-134
338 Woodbine Avenue
A 2019-135
295 Arnold Street/888 Guelph Street
Application for Consent:
B 2019-076 295 Arnold Street/888 Guelph Street
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,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
1
Staff Report
KIR Community Services Department www klrchenef car
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Nicholas Godfrey, Technical Assistant - 519-741-2200 ext. 7071
WARD: 5
DATE OF REPORT: November 27th, 2019
REPORT #: DSD -19-279
SUBJECT: A2019-134 - 338 Woodbine Avenue Application
Owner(s) - Activa Holdings Inc.
Applicant - Nikita Thompson
Approve
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Location Map: 338 Woodbine Avenue
REPORT
Planning Comments:
The subject property located at 338 Woodbine Avenue, at the intersection of Woodbine Avenue and
Sorrento Street, is zoned Residential Four (R-4) in the Zoning By-law 85-1 and designated Low Rise
Residential in the City's Official Plan. The applicant is requesting relief from Section 6.1.1.1.b) iv) of the
Zoning By-law to locate a driveway 8.2 metres from the intersection of street lines abutting the lot rather
than the required setback of 9 metres, for a variance of 0.8 metres.
City Planning staff conducted a site inspection of the property on November 28th, 2019. The site is
located within a subdivision of similar residential uses.
338 Woodbine Avenue from the Intersection of Woodbine Avenue and Sorrento 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 offers the following comments.
General Intent of Official Plan
1. The intent of the Low Rise Residential land use designation in the Official Plan is to accommodate a
full range of low density housing types. The requested variance meets the general intent of the
Official Plan, as the proposed variance is providing low density housing.
General Intent of Zoning By -Law
2. The application is to reduce the setback to the intersection to 8.2 metres from 9.0 metres. The intent
of the 9.0 metre setback in the Zoning By-law 85-1 is to ensure there are no obstructions in the corner
visibility triangle (CVT), thus allowing vehicles entering and exiting the intersection to do so safely.
Though By -Law 85-1 is in effect, the pending draft Comprehensive Review of the Zoning By-law
(CroZBy) 2019-051 will change that setback requirement to 7.0, metres which will likely remove the
need for this variance in future developments. The parking space, as well as the driveway, are
located outside of the new proposed CVT dimensions. It is not anticipated that the proposed
driveway will create an obstruction to visibility and not expected to result in any negative impacts on
the adjacent residential properties. Therefore, the general intent of the Zoning Bylaw continues to be
maintained.
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Proposed 8.2m Setback for 338 Woodbine Avenue
Application is Minor
3. Staff is of the opinion that the requested variance is minor. The proposed setback reduction from the
intersection of Woodbine Avenue and Sorrento Street will be negligible due to the lower volumes of
traffic in the area, as it is a shorter road and is not on a main route.
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Application in Appropriate
4. The requested variance should not impact any of the adjacent properties or the surrounding
neighbourhood. Therefore, the variance is appropriate for the development and use of the land.
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 for the new single detached dwelling is obtained prior to construction. Please contact the Building
Division @ 519-741-2433 with any questions.
Transportation Services Comments: Transportation Services has no concerns with the reduced
driveway setback from an intersection of 8.2 metres, from the required 9.0 metre driveway setback.
Engineering Comments: No concerns.
Environmental Comments: No environmental planning concerns.
Heritage Comments: Heritage Planning has no concerns with this application.
RECOMMENDATION
That minor variance application A2019-134 requesting permission to locate a driveway 8.2m from
the intersection of Sorrento Street and Woodbine Avenue, whereas a setback of 9 metres is
required, be APPROVED.
Nicholas Godfrey, MA
Technical Assistant
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
November 18, 2019
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, Sth 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 No.: D20-20/
VAR KIT GEN
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: December 2, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-103
581 Strasburg Road
A 2019-132
900 Chapel Hill Court
A 2019-133
908 Chapel Hill Court
A 2019-134
338 Woodbine Avenue
A 2019-135
295 Arnold Street/888 Guelph Street
Application for Consent:
B 2019-076 295 Arnold Street/888 Guelph Street
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,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority
Staff Report wR
Development Services Department wwwkltchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070
WARD: 4
DATE OF REPORT: December 1, 2019
REPORT NUMBER: DSD -19-281
SUBJECT: Application B2019-073
56 Roos Street
Owner/Applicant — James Kuntz & Laura Detzler
Approve with Conditions
Subject Property: 56 Roos Street
Background:
On October 18, 2016, the Committee of Adjustment approved severance application B2016-023 &
B2016-024 for 50 Roos Street to create two new lots addressed as 56 and 62 Roos Street. That
application has been fully approved and a single detached dwelling was constructed on each new lot.
Staff Report
Development Services Department
K"'""' NFR
wwwki tchenr. ca
On March 8, 2019, the Committee of Adjustment approved severance application B2019-010 to sever
a portion of 50 Roos Street and add it as a lot addition to 56 Roos Street.
Report:
The current application proposes to further sever a portion of 56 Roos Street to create a new lot. The
newly built single detached dwelling at 56 Roos Street is proposed to be remain and is already
connected to full municipal services.
The application proposes to sever a portion of 56 Roos Street that is 11.70 metres wide at the street
and 13.7 metres wide at the required front yard, with a lot depth of 58.942 and 61.79 metres, and a lot
area of 823 square metres, and add it as a lot addition to 56 Roos Street. The proposed severed
lands are the same lands added to 56 Roos Street through application B2019-010, and are legally
described at Part 1 on Reference Plan 58R-20481.
The proposed retained lands would have a lot width of 13.7 metres, a depth of 55.8 and 58.942 metres,
and a lot area of 804 square metres.
A site inspection as conducted on March 1, 2019.
Existing streetscape showing lands to be severed
Planning Comments:
The subject property is designated as Low Rise Residential in the City's Official Plan and zoned as
Residential Three (R-3) in the Zoning By-law. The property is within the regulated limit of the Grand
River Conservation Authority (GRCA).
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 severances conform to the
City's Official Plan and will allow for orderly development that is compatible with the existing
community.
Staff Deport
Development Services Department
1
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wwwki tchener. c a
The configuration of the proposed lots will comply with the regulations of the Residential Three (R-3)
zone. Staff is further of the opinion that the proposal is consistent with the Provincial Policy Statement
and conforms to the Growth Plan for the Greater Golden Horseshoe.
Based on the foregoing, Planning staff recommends that Consent Application B2019-073, requesting
consent to sever the subject property into two separate lots be approved subject to the conditions
listed in the Recommendation section of this report. Several conditions are proposed which will ensure
that required storm and wastewater servicing is designed and installed to City standards, and that
suitable building envelopes can be achieved for each of the proposed lots.
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 be required for the construction of any
new residential buildings.
Transportation Comments:
Transportation Services can support this application subject to the following condition, that funds for a
future concrete sidewalk for the severed portion along the Roos Street frontage be provided to the City's
Engineering Division.
Heritage Comments:
Heritage Planning staff has no concern with this application. The property municipally addressed as 56
Roos Street is adjacent to the Ferrie Mill (boon Mill) ruins which is a listed property on the Municipal
Heritage Register. The City's Official Plan only allows for a Heritage Impact Assessment requirement on
a site adjacent to a "protected heritage property" (i.e. designated not listed).
Engineering Comments:
Severance of any blocks within the subject lands will require separate, individual service connections for
sanitary, and water, in accordance with City policies. Existing elevations of the sanitary will need to be
confirmed by the applicant. Storm water/ sump pump can discharge to grade towards the rear of the
property.
The owner is required to make satisfactory financial arrangements with the Engineering Division for the
installation of new services that may be required to service this property, all prior to severance
approval. Our records indicate municipal sanitary, and water services are currently available. Any further
enquiries in this regard should be directed to Trevor Jacobs (519-741-2200 ext. 7136).
Any new driveways are to be built to City of Kitchener standards. All works are at the owner's expense
and all works need to be completed prior to occupancy of the building.
A servicing plan showing outlets to the municipal servicing system, will be required to the satisfaction of
the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the site servicing with corresponding layer
names and asset information to the satisfaction of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by gravity to the street
sewers. If this is not the case, then the owner would have to pump the sewage via a pump and forcemain
to the property line and have a gravity sewer from the property line to the street.
Staff Deport
Development Services Department
1
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wwwki tchener. c a
Operations Comments:
Parkland dedication was previously paid on the severed lands as part of application B2016-023 &
B2016-024 for 50 Roos Street to create two new lots addressed as 56 and 62 Roos Street.
Environmental Planning Comments:
The standard condition will be required for the owner to enter into an agreement registered on title of
both the severed lands requiring a Tree Preservation / Enhancement Plan to be submitted and
approved before a building/demolition permit will be issued.
Summary of Grand River Conservation Authority Comments:
The applicant has provided a Slope Stability Analysis that is supplemental to the previous Slope
Stability Analysis that was completed for the original severance of 56 and 62 Roos Street. The analysis
has identified a schematic building envelope for a future dwelling outside of the previously determined
erosion hazard setback. As such, GRCA does not anticipate any negative impacts to the adjacent
natural hazard features as a result of the proposed consent application or future development within
the identified building envelope. The subject lands are regulated by the GRCA and any future
development on the subject lands will require the issuance of a GRCA permit. Full GRCA comments
are attached.
RECOMMENDATION:
That Application B2019-073 proposing to sever a portion of 56 Roos Street that is 11.70 metres
wide at the street and 13.7 metres wide at the required front yard, with a lot depth of 58.942 and
61.79 metres, and a lot area of 823 square metres, be approved subject to the following
conditions:
1. That the Owner shall provide a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation) format,
as well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of
the City's Mapping Technologist.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there
are no outstanding taxes on the subject property to the satisfaction of the City's Revenue
Division.
3. That the owner enter into a modified subdivision agreement with the City of Kitchener
to be prepared by the City Solicitor to the satisfaction of the City's Director of Planning
and Director of Engineering Services, and registered on title of the severed lands. Said
agreement shall include the following special conditions:
That the owner shall prepare a Tree Preservation/Enhancement Plan for the
severed lands in accordance with the City's Tree Management Policy, to be
approved by the City's Director of Planning, in consultation with the Region of
Waterloo, and where necessary, implemented prior to any grading, tree removal
or the issuance of building permits. Such plans shall include, among other
matters, the identification of a proposed building envelope/work zone,
landscaped area and vegetation to be preserved.
Staff Report wR
Development Services Department wwwkitchener.ca
ii. The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the prior approval of the City's Director of
Planning.
4. That the owner makes financial arrangements to the satisfaction of the City's
Engineering Services for the installation of all new service connections to the severed
lands.
5. That the owner make financial arrangements to the satisfaction of the City's Engineering
Services for a future sidewalk along the severed frontage (11.70) of the severed portion,
calculated as $122m2 (2019 rate).
6. That the owner makes arrangements financial or otherwise for the relocation of any
existing City -owned street furniture, transit shelters, signs, hydrants, utility poles, wires
or lines, as required, to the satisfaction of the appropriate City department.
7. That the owner provide a servicing plan and grading plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering Services.
8. That the owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together
with a digital submission of all AutoCAD drawings required for the site (Grading,
Servicing etc.) with the corresponding correct layer names and numbering system to
the satisfaction of the Director of Engineering Services.
9. That the Owner provides Engineering staff with confirmation that the basement
elevation of the house can be drained by gravity to the street sewers, to the satisfaction
of the Director of Engineering Services. Where this cannot be achieved, the owner is
required to pump the sewage via a pump and forcemain to the property line and have a
gravity sewer from the property line to the street.
10. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
Garett Stevenson, B.E.S., MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
N*
Region of Waterloo
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. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
November 29, 2019
Re: Comments for Consent Application B2019-073 through
B2019-076
Committee of Adjustment Hearing December 10, 2019
CITY OF KITCHENER
B2019-073
56 Roos Street
James Kuntz and Laura Detzler
The owner/applicant is proposing to sever part of the existing residential lot to create a
new buildable lot.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
to the Region of Waterloo prior to final approval of the consent application.
Water Services:
Regional Staff advise that the subject property is located in Kitchener Zone 2 (W) with a
static hydraulic grade line of 361 mASL. Any development with a finished road elevation
below 304.8 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 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
B2019-074 and B2019-075
32 Forwell Road
Gatekey Aggregates Inc. c/o Justin Bischoff
The owner/applicant is proposing two severances from 32 Forwell Road to be added as
lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial
Road.
Environmental Site Assessment:
The subject lands at 32 Forwell Road are identified as a High Threat in the Region's
Threats Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road
are identified as a High Threat and Known Threat in the Region's Threats Inventory
Database. The threat indicators are associated with the former and existing industrial
uses on the property including the storage of underground tanks.
Regional Staff acknowledge that the Environmental Screening Questionnaire submitted
with the subject application has indicated that environmental documents (i.e. a Phase I
and II Environmental Site Assessment) have been prepared or issued for the property.
Regional Staff have requested these studies from the owner/applicant.
Regional Staff request deferral of the subject applications for 32 Forwell Drive to allow
Regional Staff to review any associated environmental documents to determine whether
a Record of Site Condition is warranted to assess potential contamination issues on the
subject lands.
Regional staff recommend deferral of the subject applications.
:YM PIOMI
295 Arnold Street/888 Guelph Street
Golden Windows Limited
The owner/applicant is proposing a severance to create a new lot for 295 Arnold Street,
which was previously a separate lot that has since merged with 888 Guelph Street. The
proposed severed and retained parcels currently operate as separate lots and the
severance would formalize the existing operations on two independent lots.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
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 19-037 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: 3164310 Version: 1
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
PLAN REVIEW REPORT: City of Kitchener
Holly Dvson
DATE: November 28, 2019 YOUR FILE:
GRCA FILE: B 2019-073 — 56 Roos Street
RE: Application for Consent B 2019-073
56 Roos Street, City of Kitchener
James Kuntz and Laura Detzler
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
Fax: (519) 621-4945
E-mail: aherreman@grand river. ca
B 2019-073
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted consent
application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject lands contain valley
slopes and erosion hazards associated with the Grand River. The subject lands are also
within the regulated allowance adjacent to the slope hazards and a wetland. A copy of our
resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
It is our understanding that the proposed consent application will sever a parcel of land for
proposed residential use. The applicant has provided a Slope Stability Analysis that is
supplemental to the previous Slope Stability Analysis that was completed for the original
severance of 56 and 62 Roos Street. The analysis has identified a schematic building
envelope for a future dwelling outside of the previously determined erosion hazard setback.
As such, we do not anticipate any negative impacts to the adjacent natural hazard features
as a result of the proposed consent application or future development within the identified
building envelope.
Due to the presence of the above -noted features, the subject lands are regulated by the
GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation.
Development of the severed parcel and any future development on the subject lands will
require the prior issuance of a permit pursuant to Ontario Regulation 150/06. The permit
process involves the submission of a permit application to this office, the review of the
application by Authority staff and the subsequent approval/refusal of the permit application
by the GRCA.
3. Plan Review Fees:
This application is a minor consent application and the applicable plan review fee is
$410.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$410.00.
NAResource Management Division\Rescurce Plan ning\Waterloo Reg ion\KITCH ENE R\2019\Severance\B2019-073 56 Page 1 of 2
Roos Street\B 2019-073 - 56 Roos Street docx
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: James Kuntz and Laura Detzler — 56 Roos Street, Kitchener, ON N2P 1 H9
Rachel Demmers, MHBC Planning (email)
* These comments are respectfully submitted as advice and reflect resource concerns within
the scope and mandate of the Grand River Conservation Authority.
NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2019\Severance\B2019-073 56 Page 2 of 2
Roos Street\B 2019-073 - 56 Roos Street.docx
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Staff Report
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
K R
www.kitchenerca
Committee of Adjustment
December 10, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Katie Anderl, Senior Planner— 519-741-2200 ext. 7987
#1
December 2, 2019
DSD19-282
B2019-074 — B2019-075
32 Forwell Road
Owner — Gatekey Aggregates Inc
Defer
Map 1 — Location Map
*** 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 lands are located at 32 Forwell Road. The lands are designated and zoned for industrial
uses and contain a ready -mix concrete plant, however large areas of the site are under-utilized. The
applicant is proposing to sever the lands into several individual parcels for future development, and as
a first step they are requesting Consent to convey two parcels of land as lot additions to adjoining
industrial lands at 36 and 80 Centennial Rd. The property is located adjacent to the Grand River,
contain steep embankments, and are regulated by the Grand River Conservation Authority (GRCA).
A number of documents were submitted in support of the consent application including a Vegetation
Management Plan, Geotechnical Slope Stability Investigation and an Environmental Constraints Plan.
The supporting documentation has been circulated to commenting City Divisions & Agencies. Through
review of the documentation, the GRCA, the Region, City Parks and City Planning Staff have
requested that the application be deferred so that the applicant may provide additional information
regarding the Erosion Hazard Limit and Slope Stability Setback. These limits are requested to be
shown on the supporting drawings in order to allow commenting authorities to complete their review.
This information will define the limit of development and the location of the proposed lot line for Lot
Addition 2.
Parks staff is also interested in securing a parkland dedication along the Grand River to allow for a
future extension of the Walter Bean Trail. The exact location of such a trail connection and the
associated land dedication relies on the GRCA's review and approval of the extent of slope and flood
erosion hazards. At the time of writing, the applicant is actively completing additional on-site
investigations, and staff anticipate that this information should be available and reviewed for a
Committee Meeting early in the winter.
Based on the foregoing, staff recommends that the applications be deferred for a period of up to
3 months (March 17, 2020), but that they be permitted to return sooner.
Operations (Design and Development) Comments:
Requests deferral of the application.
Building Comments:
The Building Division has no objections to the proposed consent applications.
Transportation Services Comments:
Transportation Services has no objections to the proposed consent applications.
Engineering Services Comments:
Engineering Services has no objections to the proposed consent applications.
Region of Waterloo Comments:
The subject lands at 32 Forwell Road are identified as a High Threat in the Region's Threats
Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road are identified as
a High Threat and Known Threat in the Region's Threats Inventory Database. The threat
indicators are associated with the former and existing industrial uses on the property including
the storage of underground tanks.
Regional Staff acknowledges that the Environmental Screening Questionnaire submitted with the
subject application has indicated that environmental documents (i.e. a Phase I and II
Environmental Site Assessment) have been prepared or issued for the property. Regional Staff
has requested these studies from the owner/applicant.
Regional Staff requests deferral of the subject applications for 32 Forwell Drive to allow Regional
Staff to review any associated environmental documents to determine whether a Record of Site
Condition is warranted to assess potential contamination issues on the subject lands.
RECOMMENDATIONS:
That Applications B2019-074 and B2019-075 be deferred for a period of up to 3 months
(March 17, 2020), but that they be permitted to return sooner.
Katie Anderl, MICP, RPP Juliane von Westerholt, MCIP, RPP
Senior Planner Senior Planner
N*
Region of Waterloo
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. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
November 29, 2019
Re: Comments for Consent Application B2019-073 through
B2019-076
Committee of Adjustment Hearing December 10, 2019
CITY OF KITCHENER
B2019-073
56 Roos Street
James Kuntz and Laura Detzler
The owner/applicant is proposing to sever part of the existing residential lot to create a
new buildable lot.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
to the Region of Waterloo prior to final approval of the consent application.
Water Services:
Regional Staff advise that the subject property is located in Kitchener Zone 2 (W) with a
static hydraulic grade line of 361 mASL. Any development with a finished road elevation
below 304.8 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 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
B2019-074 and B2019-075
32 Forwell Road
Gatekey Aggregates Inc. c/o Justin Bischoff
The owner/applicant is proposing two severances from 32 Forwell Road to be added as
lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial
Road.
Environmental Site Assessment:
The subject lands at 32 Forwell Road are identified as a High Threat in the Region's
Threats Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road
are identified as a High Threat and Known Threat in the Region's Threats Inventory
Database. The threat indicators are associated with the former and existing industrial
uses on the property including the storage of underground tanks.
Regional Staff acknowledge that the Environmental Screening Questionnaire submitted
with the subject application has indicated that environmental documents (i.e. a Phase I
and II Environmental Site Assessment) have been prepared or issued for the property.
Regional Staff have requested these studies from the owner/applicant.
Regional Staff request deferral of the subject applications for 32 Forwell Drive to allow
Regional Staff to review any associated environmental documents to determine whether
a Record of Site Condition is warranted to assess potential contamination issues on the
subject lands.
Regional staff recommend deferral of the subject applications.
:YM PIOMI
295 Arnold Street/888 Guelph Street
Golden Windows Limited
The owner/applicant is proposing a severance to create a new lot for 295 Arnold Street,
which was previously a separate lot that has since merged with 888 Guelph Street. The
proposed severed and retained parcels currently operate as separate lots and the
severance would formalize the existing operations on two independent lots.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
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 19-037 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: 3164310 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Melissa Larion, Supervisor of Resource Phone: (519) 621-2761 ext. 2247
Planning Fax: (519) 621-4945
E-mail: mlarion@grandriver.ca
PLAN REVIEW REPORT:
City of Kitchener
Holly Dyson
DATE: December 2, 2019 YOUR FILE: B 2019-074 & B 2019-075
GRCA FILE: B2019-074 & B2019-075 — 32 Forwell Road
RE: Applications for Consent B 2019-074 & B 2019-075
32 Forwell Road, City of Kitchener
Gatekey Aggregates Inc.
GRCA COMMENT:
The Grand River Conservation Authority (GRCA) recommends deferral of these consent
applications to allow the applicant to provide additional information outlined below.
BACKGROUND:
1. Resource Issues
Information currently available at this office indicates that the subject property contains the
erosion hazard, river valley and floodplain associated with the Grand River and Kolb Creek
as well as the regulated allowances adjacent to these features. The property also contains
the regulated allowance to wetlands located on adjacent properties.
Based on our review of Figure 1, prepared by IBI Group, dated October 15, 2019:
• The proposed lands to be severed and added to 36 Centennial Road are located
outside the GRCA regulated area.
• The proposed lands to be severed and added to 80 Centennial Road contain the
erosion hazard, the Grand River valley as well as the allowance to these feature and
the floodplain.
A copy of our resource mapping is attached.
2. Legislative/Policy Requirements and Implications
Due to the presence of the resource features noted above, a portion of the property is
regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation.
In accordance with GRCA and Provincial Policy, new development, including the creation of
new lots, is not permitted in the floodplain or erosion hazards. Upon review of the submitted
materials, the proposed applications will not create any new lots as the severed portions are
to be added to existing lots.
It should also be noted that no new hazards will be added to 80 Centennial Road as both
properties already contain a portion of the hazards that are also on the lands to be severed.
Page 1 of 2
Based on our review of the Concept Plan, we note that a portion of the land to be added to
80 Centennial Road is within the regulated area. Our current mapping indicates that the
property is already developed and contains an area outside of the regulation limit on the
existing and proposed lot addition for potential future development.
Although GRCA staff do not object to the lot addition concept, we are recommending
deferral of these applications to allow the applicant to provide additional information that
may impact the lot lines associated with the lot additions. The requested information is listed
below:
• A Site Plan showing the top of stable slope and the applicable setback that was
identified in the submitted Slope Stability Assessment (prepared by Chung & Vander
Doelen Engineering Ltd., dated November 1, 2019)
We also understand that the City of Kitchener Multi -use Pathways and Trails Master Plan
(MMM Group and Ecoplans Limited, 2012) identified a proposed multi -use pathway along
the Grand River in this area. If a trail is planned in this location, we request that the trail be
included on the Site Plan noted above. The trail and associated grading should be located
outside of the identified erosion hazard and setback.
Once the additional information is submitted, GRCA staff will undertake a full review of the
application and provide further comments.
Any future development on the subject lands within the regulated area will require the prior
issuance of a GRCA permit pursuant to Ontario Regulation 150/06. The permit process
involves the submission of a permit application to this office, the review of the application by
Authority staff and the subsequent approval/refusal of the permit application by the GRCA.
3. Plan Review Fees
These consent applications will be reviewed together and will only require one plan review
fee. The applicable plan review fee is the major consent application review fee of
$1,060.00. The applicant will be invoiced in the amount of $1,060.00 by copy of this
correspondence.
We trust this information is of assistance. If you have any questions or require additional
information please contact the undersigned.
Sincerely,
Melissa Larion, MA, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority.
Page 2 of 2
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Staff Report
Dcvolopment Services Department
wAl_�R
www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Richard Kelly-Ruetz, Planner, 519-741-2200 ext. 7110
WARD: 10
DATE OF REPORT: November 29, 2019
REPORT #: DSD -19-283
SUBJECT: 295 Arnold Street / 888 Guelph Street — Applications: B2019-076 &
A2019-135
Owner(s): Golden Windows Limited
Applicant: MHBC Planning (Dave Aston; Luisa Vacondio)
Summarized Recommendation: Approve Consent Application Subject
to Conditions; Approve Minor Variance Application Without Conditions
REPORT
Planning Comments:
The subject property located at 295 Arnold Street/ 888 Guelph Street is designated General Industrial in the
City's North Ward Neighbourhood Plan for Land Use and Zoned Residential Five (M-2) in Zoning By-law 85-
1. The lot is located a few blocks north-east of the intersection of Lancaster Street West and Guelph Street
and contains industrial uses. The property is a large irregularly shaped lot with portions of frontage of three
streets: Guelph Street to the south; Maple Avenue to the west; and Arnold Street to the north. A site
inspection was done on November 27, 2019. The surrounding area is comprised of other industrial uses and
some low density residential uses. The subject property is shown below.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The applicant is proposing to sever the subject property. The applicant has indicated that these properties
were previously separate, and have merged on title; this severance application intents to create separate
lots again. As part of the severance, two minor variances are required for the retained lot to legalize an
existing side yard setback along Maple Avenue and a setback to a residential zone. The proposal is
illustrated below.
Arnold Street
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Retained and severed lot as shown on submitted survey sketch
EdI
Arnold Street Frontage
Guelph Street Frontage
Consent Considerations
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, the proposed consent request is not premature and is in the public interest. The proposal
conforms to the City's Official Plan. The proposed lots front onto an established public street with
adequate municipal services. The dimension and shape of the proposed new lot is consistent with
surrounding lots in the neighbourhood and the historical development of the area. Each lot will continue
to contain permitted industrial uses.
Subject to approval of the associated minor variance application, the severed and retained lot will comply
with the regulations of the General Industrial (M-2) zone and is consistent with the Provincial Policy
Statement and conforms to the Growth Plan for the Greater Golden Horseshoe. The proposed lot and
land use is compatible with the existing surrounding community.
Minor Variance Considerations
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.
1. General Intent and Purpose of Official Plan Test
The subject property is designated General Industrial in the City's North Ward Neighbourhood Plan
for Land Use. The intent of the General Industrial designation is to allow a range of industrial and
manufacturing uses. The proposed variances to legalize existing conditions to facilitate a severance
conform to the designation and it is the opinion of staff the requested variances are appropriate and
meet the general intent of the Neighbourhood Plan.
2. General Intent and Purpose of Zoning By-law Test
The requested variances requesting relief from Section 20.3.1 of the Zoning By-law to allow an
existing building to have a side yard setback from a residential zone of 3.6 metres, whereas 14
metres is required, and from Section 20.3.1 of the Zoning By-law to allow an existing building to have
a side yard abutting a street (Maple Avenue) setback of 1.7 metres, whereas 6 metres is required,
meets the general intent and purpose of the Zoning By-law. The intent of the side yard abutting a
street setback and residential zone setback is to provide some separation between industrial uses
and residential uses, as well as providing for a consistent streetscape. In this case, as both of these
conditions are existing and no issues have been raised to staff about their function, staff has no
concerns with their continued existence. The general intent and purpose of the Zoning By-law is
maintained.
3. "Minor" Test
Staff is of the opinion that the requested variances are minor as the deficient side yard setbacks
are existing and staff foresees no issues with their continued existence.
4. Desirability for Appropriate Development or Use Test
The requested variances are appropriate for the development and use of the land, as the legalization
of the existing building location is consistent with the industrial character of the area.
On this basis, Planning staff recommends that the consent application be approved, subject to the
conditions outlined in the Recommendation section of this report and that the minor variance
application be approved without conditions.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Building Comments:
The Building Division has no objections to the proposed consent.
Transportation Services Comments:
Consent comments: Transportation Services can support this application subject to the following
condition, that: funds for a future concrete sidewalk for the severed portion along the Arnold Street
frontage be provided to the City's Engineering Division.
Variance comments: Transportation Services has no concerns with the proposed applications.
Engineering Comments:
• Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
• Our records indicate the site has multiple water and sanitary services. Each property is to have
only one water, and one sanitary service; additional services will need to be abandoned per City
standards.
• The owner is required to make satisfactory financial arrangements with the Engineering Division
for the installation/removal of services that may be required to service this property, all prior to
severance approval. Our records indicate municipal sanitary, and water services are currently
available. Any further enquiries in this regard should be directed to Trevor Jacobs (519-741-2200
ext. 7136).
• A servicing plan showing outlets to the municipal servicing system, will be required to the
satisfaction of the Engineering Division prior to severance approval.
• A Development Asset Drawing (digital AutoCAD) is required for the site servicing with
corresponding layer names and asset information to the satisfaction of the Engineering Division
prior to severance approval.
• The owner must ensure that the basement elevation of the building can be drained by gravity to
the street sewers. If this is not the case, then the owner would have to pump the sewage via a
pump and forcemain to the property line and have a gravity sewer from the property line to the
street.
Operations Comments:
Parkland dedication is not required for this application as there is no change in use for this property.
RECOMMENDATION
That Consent Application B2019-076 at 295 Arnold Street / 888 Guelph Street, requesting consent
to sever the subject property into two lots,
be approved, subject to the following conditions:
1. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of the
City's Revenue Division;
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 two full
size paper copies of the plan(s). The digital file needs to be submitted according to the
City of Kitchener's Digital Submission Standards to the satisfaction of the City's Mapping
Technologist.
3. That Minor Variance Application A2019-135 receive final approval.
4. That the Owner make financial arrangements to the satisfaction of the Director of
Engineering for the installation of any new service connections to the severed and/or
retained lands.
5. That the Owner makes satisfactory arrangements with the Director of Engineering for
payment towards future sidewalk installation along the frontage for the severed portion.
6. That the Owner provide a servicing plan showing outlets to the municipal servicing
system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a complete Development and Reconstruction As -Recorded
Tracking Form (as per the Public Sector Accounting Board (PSAB) S. 3150) together with
a digital submission of all AutoCAD drawings required for the site (Grading, Servicing
etc.) with the corresponding correct layer names and numbering system to the
satisfaction of the Director of Engineering.
8. That the Owner provides Engineering staff with confirmation that the basement elevation
can be drained by gravity to the street sewers. If this is not the case, then the owner
would have to pump the sewage via a pump and forcemain to the property line and have
a gravity sewer from the property line to the street to the satisfaction of the Director of
Engineering.
2. That Minor Variance Application A2019-135 for the retained lot (888 Guelph Street), requesting relief
from Section 20.3.1 of the Zoning By-law to allow an existing building to have a side yard setback from
a residential zone of 3.6 metres, whereas 14 metres is required, and from Section 20.3.1 of the Zoning
By-law to allow an existing building to have a side yard abutting a street setback of 1.7 metres, whereas
6 metres is required, be approved without conditions.
Richard Kelly-Ruetz, BES
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
N*
Region of Waterloo
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. regionofwaterl oo.ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
November 29, 2019
Re: Comments for Consent Application B2019-073 through
B2019-076
Committee of Adjustment Hearing December 10, 2019
CITY OF KITCHENER
B2019-073
56 Roos Street
James Kuntz and Laura Detzler
The owner/applicant is proposing to sever part of the existing residential lot to create a
new buildable lot.
Fee:
The owner/applicant must submit the consent review fee of $350.00 per new lot created
to the Region of Waterloo prior to final approval of the consent application.
Water Services:
Regional Staff advise that the subject property is located in Kitchener Zone 2 (W) with a
static hydraulic grade line of 361 mASL. Any development with a finished road elevation
below 304.8 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 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
B2019-074 and B2019-075
32 Forwell Road
Gatekey Aggregates Inc. c/o Justin Bischoff
The owner/applicant is proposing two severances from 32 Forwell Road to be added as
lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial
Road.
Environmental Site Assessment:
The subject lands at 32 Forwell Road are identified as a High Threat in the Region's
Threats Inventory Database. The adjacent lands at 80-88 and 20 & 36 Centennial Road
are identified as a High Threat and Known Threat in the Region's Threats Inventory
Database. The threat indicators are associated with the former and existing industrial
uses on the property including the storage of underground tanks.
Regional Staff acknowledge that the Environmental Screening Questionnaire submitted
with the subject application has indicated that environmental documents (i.e. a Phase I
and II Environmental Site Assessment) have been prepared or issued for the property.
Regional Staff have requested these studies from the owner/applicant.
Regional Staff request deferral of the subject applications for 32 Forwell Drive to allow
Regional Staff to review any associated environmental documents to determine whether
a Record of Site Condition is warranted to assess potential contamination issues on the
subject lands.
Regional staff recommend deferral of the subject applications.
:YM PIOMI
295 Arnold Street/888 Guelph Street
Golden Windows Limited
The owner/applicant is proposing a severance to create a new lot for 295 Arnold Street,
which was previously a separate lot that has since merged with 888 Guelph Street. The
proposed severed and retained parcels currently operate as separate lots and the
severance would formalize the existing operations on two independent lots.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
Document Number: 3164310 Version: 1
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 19-037 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: 3164310 Version: 1
Region of Waterloo
November 18, 2019
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, Sth 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 No.: D20-20/
VAR KIT GEN
(1) VAR KIT/Bryan Webb
Re: Committee of Adjustment Meeting on December 10, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1)
A 2019-131
— 54 West Avenue — No Concerns.
2)
A 2019-132
— 900 Chapel Hill Court — No Concerns.
3)
A 2019-133
— 908 Chapel Hill Court — No Concerns.
4)
A 2019-134
— 338 Woodbine Avenue (Lot #0038) — No Concerns.
5)
A 2019-135
— 295 Arnold Street / 888 Guelph Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3156678
Page 1 of 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: December 2, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-103
581 Strasburg Road
A 2019-132
900 Chapel Hill Court
A 2019-133
908 Chapel Hill Court
A 2019-134
338 Woodbine Avenue
A 2019-135
295 Arnold Street/888 Guelph Street
Application for Consent:
B 2019-076 295 Arnold Street/888 Guelph Street
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,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
xThese comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority