HomeMy WebLinkAboutCA Agenda - 2022-04-19
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-186
SUBJECT: Consent application B2022-009
114 Doon Valley Drive
Owners: Luke Robinson, David Robinson, Kelly Neuber
Applicant: Della Ross, MHBC Planning
RECOMMENDATION:
That Consent Application B2022-009 requesting consent to allow for a lot addition from 114
Doon Valley Drive to be conveyed to the property municipally addressed as 136 Doon Valley
Drive, BE APPROVED subject to the following conditions:
1.
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
2. That the property 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
3. That the property 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 size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the property owner shall ensure the lands to be severed be added to the abutting
lands and title be taken into identical ownership as the abutting lands. The deed for
endorsement shall include that any subsequent conveyance of the parcel to be
severed shall comply with Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990,
c. P.13, as amended.
5. g to
register an Application Consolidation Parcels immediately following the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
registration of the Severance Deed and prior to any new applicable mortgages, and
to provide a copy of the registered Application Consolidation Parcels to the City
Solicitor within a reasonable time following registration.
6. That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
REPORT HIGHLIGHTS:
The applicant is requesting to consent to allow for a lot addition from 114 Doon Valley Drive to
be conveyed to the property municipally addressed as 136 Doon Valley Drive.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
136 Doon Valley Drive was subject to an Ontario Land Tribunal (OLT) Hearing and Minutes of
Settlement. The Committee of Adjustment deferred a previous report (DSD-2022-186) on February
15, 2022 at the request of staff, who were seeking direction from the OLT on how to proceed with
this application. Staff have reached out to the OLT regarding the proposed lot addition application
and the OLT has confirmed there are no concerns with the application.
The subject properties, 114 and 136 Doon Valley Drive at located near the intersection of Doon
Valley Drive and Durham Street. 114 Doon Valley is rectangle in shape and developed with a single
detached dwelling. 136 Doon Valley is an irregular shape vacant parcel. Both properties have
frontage along Doon Valley Drive. The existing development of the neighbourhood consists of a mix
of single detached dwellings, semi-detached dwellings, and multiple dwellings and a large post-
secondary institution. Lot sizes vary in width, depth, and area in this neighborhood.
City Planning staff conducted a site inspection of the property on April 5, 2022.
Location Map: 114 and 136 Doon Valley Drive
Existing Single Detached Dwelling at 114 Doon Valley Drive.
Urban Structure and is
-
in Zoning By-law 85--6) with
Special -law 85-1.
The applicant is requesting consent to allow for a lot addition from 114 Doon Valley Drive to be
conveyed to the property municipally addressed as 136 Doon Valley Drive. The lands to be severed
from 114 Doon Valley to 136 Doon Valley Drive are located in the rear of 114 Doon Valley Drive and
have a width of 18.3 metres, a depth of 60 metres and an area of 1098 square metres. The retained
lands at 114 Doon Valley Drive will have a lot width of 20.4 metres, a depth of 46.3 metres and a lot
area of 965 square metres. No development is planned for either 114 or 136 Doon Valley Drive at
this time.
Proposed severance sketch
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed lot addition will facilitate a future form of gentle
intensification that is compatible with the surrounding community and will make use of the existing
infrastructure. No new public roads would be required for the proposed development. Planning staff
is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
on density
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed
development conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical
infrastructure and community infrastructure to support the proposed residential development,
including transportation networks, municipal drinking-water supply and wastewater systems, and a
broad range of social and public health services. Regional policies require Area Municipalities to
plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various
physical, social, economic and personal support needs of current and future residents. Planning staff
are of the opinion that the severance application conforms to the Regional Official Plan.
Official Plan
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-
rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and
integrating different forms of housing to achieve and maintain a low-rise built form. The maximum
net residential density for lands which are designated Low Rise Residential will be 30 units per
hectare.
Section 17.E.20.4 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding boundary adjustments and conveying additional lands to an abutting lot provided
an undersized lot is not created. The proposed severance is in accord with this aspect of the plan
and maintains the residential land use designation.
Planning staff is of the opinion that the size, dimension and shape of the lots are result of the lot
addition are suitable for the use of the lands and compatible with the surrounding neighbourhood
which is developed with single detached, semi detached and multiple dwellings with lots sizes that
vary in width, depth, and area. The lands front onto a public street and full services are available.
There are no natural heritage features that would be impacted by the proposed consent application.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan.
Zoning By-law
-
in Zoning By-law 85--6) with
-law 85-1. Lot widths and lot areas of the proposed severed
and retained lands exceed the minimum R-3 and R-6 zone lot width and lot area requirements and
minor variances are not required for either parcel.
Planning Conclusions
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 consent application is desirable and appropriate. The
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. Staff is
further of the opinion that the proposal is consistent with the Region of Waterloo Official Plan, the
Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden Horseshoe and is
good planning and in the public interest.
Environmental Planning Comments:
No natural heritage concerns, as the severed lands will be merged with 136 Doon Valley Rd to
provide green space/amenity area for an LPAT approved concept and that any future development
will be subject to planning approval.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
No Engineering concerns.
Parks/Operations Division Comments:
Parkland dedication is not required for this application as no new developable lot has been created
(lot addition from 114 Doon Valley Dr. to 136 Doon Valley Dr). No City-owned trees will be impacted
by the proposed development
Transportation Planning Comments:
No Transportation Planning concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2022-186 Deferral Report
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 85-1
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 15, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: February 4, 2022
REPORT NO.: DSD-2022-083
SUBJECT: Consent application B2022-009
114 Doon Valley Drive
Owners: Luke Robinson, David Robinson, Kelly Neuber
Applicant: Della Ross, MHBC Planning
RECOMMENDATION:
That application B2022-009 for consent to allow for a lot addition from 114 Doon Valley Drive
to be conveyed to the property municipally addressed as 136 Doon Valley Drive, be deferred
until such time as staff have received direction from the Ontario Land Tribunal (OLT) on how
to proceed with Consent Application B2022-009.
REPORT:
The consent application proposes a small lot addition from 114 Doon Valley Drive to be conveyed
to 136 Doon Valley Drive. 136 Doon Valley Drive was subject to an Ontario Land Tribunal (OLT)
Hearing and Minutes of Settlement. Staff are seeking direction from the OLT on how to proceed with
this application. Until staff have received direction from the OLT, staff is recommending a deferral of
the lot addition Consent Application B2022-009.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Peter Ellis
519-503-2536
D20-20/22 KIT
February 3, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-007, B2022-008, B2022-
009, B2022-010, B2022-012, B2022-013, and B2022-014
Committee of Adjustment Hearing February 15, 2022
CITY OF KITCHENER
B2022-007
654 Rockway Drive
Adam Szuba (owner); Dave Galbraith (IBI Group applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two single detached dwellings on the subject property.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise:
Regional Staff note that the subject lands are within close proximity to Charles Street
East and King Street East (Regional Road No. 08) and may have impacts from road
traffic. It is the responsibility of the applicant to ensure the proposed development is not
adversely affected by anticipated transportation (traffic) noise impacts. In lieu of
requiring a transportation noise study, Regional staff agree that the owner/applicant of
the units on all (retained and severed) lots will be required to enter into a registered
agreement with the City of Kitchener to include the following noise mitigation and
warning clauses in all Offers of Purchase and Sale, lease/rental agreements:
Document Number: 3933004
a) The dwelling will be fitted with force air-ducted heating system suitably sized and
designed with the provision for the installation of air conditioning in the future, at
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i. The purchasers / tenants are advised that sound levels due to increasing
road traffic on Charles Street East / King Street East may occasionally
interfere with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the Ministry of
ii. -ducted heating system and has
been designed with the provision of adding central air conditioning at the
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
c) That prior to the issuance of any building permits, the City of Kitchener's Building
Inspector will certify that the noise attenuation measures are incorporated in the
building plans and upon completion of construction, the City of Kitchener's
Building Inspector will certify that the dwelling units have been constructed
accordingly.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following clauses in all agreements of Offers of Purchase and
Sale, lease/rental agreements:
a) The dwelling will be fitted with force air-ducted heating system suitably sized
and designed with the provision for the installation of air conditioning in the
b) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
Document Number: 3933004
i. The purchasers / tenants are advised that sound levels due to
increasing road traffic on Charles Street East / King Street East may
occasionally interfere with some activities of the dwelling occupants as
the sound levels may exceed the sound level limits of the Waterloo
Region and the Ministry of the Environment Conservation and Parks
ii. -ducted heating system
and has been designed with the provision of adding central air
conditioning by the occupant in low and medium density developments
will allow windows and exterior doors to remain closed, thereby ensuring
that the indoor sound levels are within the sound level limits of the
Waterloo Region and the Ministry of the Environment Conservation and
c) That prior to the issuance of any building permits, the City of Kitchener's
Building Inspector will certify that the noise attenuation measures are
incorporated in the building plans and upon completion of construction, the
City of Kitchener's Building Inspector will certify that the dwelling units have
been constructed accordingly.
_____________________
B2022-008
442 Old Chicopee Trail
Ewa Munch and John Brodrecht (owners) / Nicolette van Oyen and Pierre Chauvin
(MHBC Planning - Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to
accommodate two new single detached dwellings on the subject property. It was
indicated on the application that the land was previously subject to consent application
B2020-029 and those conditions lapsed on September 25, 2021.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. Regional staff note
that a valid notice was obtained on July 2, 2020 in support of consent application
Document Number: 3933004
B2020-029 but has since expired. The owner/applicant must complete the questionnaire
on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise and Airport:
The owner/applicant is advised that the subject lands are located within the Zoned
Regulated Area of the Region of Waterloo International Airport, specifically the Outer
Limit. As such, the dwelling occupants will be subject to presence and noise from flying
aircrafts. These lands will be subject to provisions of the Airport Zoning regulations.
Regional Staff note that the subject lands are also located approximately 185 metres
from Fairway Road North (Regional Road No. 53) and may be impacted by
transportation noise. However, a transportation noise study will not be required due to
the existing intervening developments in the vicinity. As a result, the owner/applicant will
be required to enter into an agreement with the Region of Waterloo that must be
registered on title prior to final approval. The agreement must be to the satisfaction of
the Region of Waterloo and require the inclusion of the following noise warning clauses
in all Offers of Purchase and Sale, lease/rental agreements for all dwellings on the
severed lands:
i. Purchasers/tenants are advised that sound levels due to increasing road traffic
from Fairway Road (RR #53) may occasionally interfere with some activities of
the dwelling occupants as the sound levels may exceed the sound level limits of
the Regional Municipality of Waterloo (RMOW) and the Ministry of the
Environment Conservation & Parks (MECP).
ii. Purchasers/tenants are advised that this property is located within the Outer
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
lands would be subject to provisions of the Airport Zoning regulations.
The owner/applicant of the units will be required to enter into a registered agreement
with the Region of Waterloo to include the following noise warning clause in all Offers of
Purchase and Sale, lease/rental agreements for all dwellings on the retained lands:
i.
Limit of the Region of Waterloo International Airport. As such the dwelling
occupants will be subject to presence and noise from the flying aircraft. These
l
Archaeological Assessment (Advisory Comments):
Regional Staff acknowledge that although the subject lands at 442 Old Chicopee
Trail was excluded from the archaeological assessments completed for the surrounding
developments, the majority of this parcel has been disturbed, and will not
require archaeological assessment. However, the owner/applicant should be aware
that a registered archaeological site is in very close proximity to the subject lands. Due
Document Number: 3933004
to the proximity of registered archaeological resources, the owner/applicant should be
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the owner/applicant will need to immediately
cease alteration/development and contact the Ministry of Heritage,
Sport, Tourism and Culture Industries. 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 owner/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.
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
the following warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the severed lands:
i.
traffic from Fairway Road (RR #53) may occasionally interfere with some
activities of the dwelling occupants as the sound levels may exceed the
sound level limits of the Regional Municipality of Waterloo (RMOW) and
ii. e advised that this property is located within the
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
4) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo must be registered on title that includes the requirement for
Document Number: 3933004
the following warning clause in all agreements of Offers of Purchase and Sale,
lease/rental agreements for all dwellings on the retained lands:
i.
Outer Limit of the Region of Waterloo International Airport. As such the
dwelling occupants will be subject to presence and noise from the flying
aircraft. These lands would be subject to provisions of the Airport Zoning
___________________
B2022-009
114 Doon Valley Drive
Luke and David Robinson and Kelly Neuber (Owners) / Della Ross (MHBC
Planning Applicant)
The owner/applicant is proposing a lot addition from 114 Doon Valley Drive to 136 Doon
Valley Drive to square off the property at 136 Doon Valley Drive. No new development
is proposed at this time.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Environmental Noise (Advisory Comments):
Regional staff note that the proposed severed lands are not anticipated to be developed
at this time and are also located at the back of the lot, which is a substantial distance
from Conestoga College Boulevard, a potential noise source. For these reasons, the
severed lands are not expected to have impacts from road noise and there are no
concerns relating to environmental noise. However, as noted in the cover letter for the
application, the approved development concept for 136 Doon Valley Drive must go
through site plan approval and Regional staff would like to remind the owner/applicant
that this application must be circulated to the Region for review at such time in the
future.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
__________________
Document Number: 3933004
B2022-010
113 Walter Street
2193907 Ontario Inc c/o Jim Slawich
The owner/applicant is proposing to sever the existing lot into two parcels to construct a
new semi-detached duplex building.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
B2022-012 and B2022-013
20 Breithaupt Street
23008559 Ontario Ltd. and Breithaupt Phase III Inc. (owners) / Adrianne Bobechko
and Nikita Thompson Perimeter (applicant)
The owner/applicant is proposing a lot addition in favour of 30 Breithaupt Street and to
allow partial discharge(s) of mortgage(s) on the severed lands. These consent
applications will realign the property boundary between 20 Breithaupt Street and 30
Breithaupt Street and support the future development of a 4-storey building on 30
Breithaupt.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application ($350.00 x 2 applications = $700.00) prior to final approval of
the consent.
Environmental Noise (Advisory Comments):
Regional staff have determined that there are no noise sensitive development proposed
on the subject lands given the purpose of the consent applications. However, should
noise sensitive development be proposed for the subject lands, Regional staff advise
that there would be noise impacts from nearby environmental noise sources (road traffic
and rail) in the vicinity.
Document Number: 3933004
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00 per consent application.
________________
B2022-014
81 Shanley Street
Copper Bay Homes Ltd c/o Tommy Rakic
The owner/applicant is proposing to demolish the existing dwelling and sever the lot into
two parcels to construct a new semi-detached dwelling.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
The Region has no objection to the proposed application, subject to the following
condition:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
_______________
General Comments
Any future development on the lands subject to the above-noted consent application 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,
Peter Ellis, MES
Principal Planner
Document Number: 3933004
February 2, 2022
Via email
February 15, 2022 CofA Meeting
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, Ontario, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – February 15, 2022
Applications for Minor Variance
A 2022-003 53 Margaret Avenue
A 2022-005 86 Chestnut Street
A 2022-006 49 Lower Mercer Street
A 2022-011 43 Maurice Street
A 2022-012 158 Forest Creek Drive
A 2022-013 41 Moore Avenue
A 2022-014 21-39 Benninger Drive
A 2022-015 25 Brock Street
A 2022-016 1768 Ottawa Street South
A 2022-017 86 Cedar Street South
A 2022-018 81 Shanley Street (Severed)
A 2022-019 81 Shanley Street (Retained)
Applications for Consent
B 2022-007 654 Rockway Drive
B 2022-008 442 Old Chicopee Trail
B 2022-009 114 Doon Valley Drive
B 2022-010 113 Walter Street
B 2022-011 44 Wilhelm Street
B 2022-012 20 Breithaupt Street (Severed)
B 2022-013 20 Breithaupt Street (Retained)
B 2022-014 81 Shanley Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for
minor variance and consent.
GRCA has no objection to the approval of the applications listedabove. The subject properties
do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or
519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: March 25, 2022
REPORT NO.: DSD-2022-184
SUBJECT: Minor Variance Application A2022-032 110 Florence Avenue
RECOMMENDATION:
That Minor Variance Application A2022-032, for 110 Florence Avenue, requesting relief from
Section 38.2.1 of Zoning By-law 85-1, to allow a front yard setback of 2.5 metres instead of
the required 4.5 metres, to facilitate the construction of a new exterior covered front entry
landing and stairs, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting a variance to facilitate the construction of a new exterior covered
front entry landing and stairs.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 110 Florence Avenue in the Centreville Chicopee neighbourhood.
Figure 1 - OnPoint Aerial View
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The subject property is identified as a Community Area on Map 2 Urban Structure and is
designated Low Rise Residential on Map 3
The property is zoned Residential Four Zone (R-4) in Zoning By-law 85-1 and is proposed to be
-in new Zoning By-law 2019-051.
The purpose of the application is to grant a minor variance to Section 38.2.1 of Zoning By-law 85-1
to allow a front yard setback of 2.5 metres instead of the required 4.5 metre for a new covered stair
and landing at the front entrance of the home.
Figure 2 - Proposed Site Plan
The applicant advises that the new roof structure is being designed to protect the exterior stair and
landing from the elements. The roof is designed to accommodate a safe path of travel from the
existing walkway to the front door of the house. The new roof structure will project out to the existing
walkway and will only be slightly wider than the width of the existing stairs. Refer to the green
highlighted area on the site plan above.
Figure 3 - Google Streetview Image
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The subject property is designated as Low Rise Residential within a Community Area. The low rise
designation supports all forms of low rise housing. As this property is developed with a single
detached dwelling, the general intent of the Official Plan is being maintained.
General Intent of the Zoning By-law
The subject property is zoned R-4 in Zoning By-Law 85-1. This zone category permits single
detached dwellings subject to compliance with the zoning regulations. In the R-4 zone, the front
yard setback for a dwelling is 4.5 metres, whereas the applicant is proposing 2.5 metres. Staff believe
that the reduced setback will maintain the general intent of the zoning by-law as the deficient setback
is only for a small area of the roof at the front of the dwelling. The proposed 2.5 metre setback of the
portion of the roof over the front entry, is considered appropriate to provide an adequate separation
from the public street.
Is the Effect of the Variance Minor?
Staff are of the opinion that the requested variance is minor as there will be no impact on abutting
properties nor the public street and streetscape. The roof structure will be constructed to meet the
Ontario Building Code and will provide an appropriate street aesthetic. The remaining front yard area is
more than adequate as an outdoor area.
Is the Variance Desirable for The Appropriate Development or Use of the Land, Building and/or
Structure?
The proposed roof extension at the front entrance to the home is both desirable and appropriate for
the property. Providing an area that is protected from the elements creates safe entry and exit
movements from the property and while still maintaining a functional front yard area and setback.
Environmental Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made to
enclose the front porch is currently under review.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Division Comments:
No Engineering comments were received at the time of finalizing this staff report.
Parks/Operations Division Comments:
Existing boulevard tree(s) should be protected in place throughout all construction.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7839
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-172
SUBJECT: Minor Variance Application A2022-033
Address - 52 Woodland Avenue
Owner(s) - Amelia & Jonathan Lavery
Applicant - thinkform architecture + interiors, C/O Simone Panziera
RECOMMENDATION:
That Minor Variance Application A2022-033 for 52 Woodland Avenue, requesting relief from:
a) Section 5.22 c) of Zoning By-law 85-1 to permit an Additional Dwelling Unit (Detached)
on a lot with a lot width of 12.1 meters instead of the minimum required lot width of
13.1 metres;
b) Section 5.22 j) of Zoning By-law 85-1 to permit an Additional Dwelling Unit (Detached)
to have a minimum side yard setback of 0.4 metres instead of the minimum required
side yard setback of 0.6 metres;
c) Section 6.1.1.1 b) ii) b) to permit a driveway to have a minimum width of 2.2 metres
instead of the minimum required driveway width of 2.6 metres; and
d) Section 6.1.1.2 d) to permit a parking space to have a minimum width of 2.2 metres
instead of the minimum required parking space width of 2.6 metres;
to facilitate the conversion of an existing detached accessory structure into an Additional
Dwelling Unit (Detached) BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance to facilitate
the conversion of an existing detached accessory structure into an Additional Dwelling Unit
(Detached).
Relief is requested to permit the ADU to be on a lot that is 12.1 metres in width where a minimum
of 13.1 metres is required, to permit an ADU to have a reduced side yard of 0.4 metres where
a minimum of 0.6 metres is required, to permit a driveway to have a minimum width of 2.2
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
metres where a minimum of 2.6 metres is required, and topermit a parking space to have a
minimum width of 2.2 metres where a minimum of 2.6 metres is required.
The key findings of this report is that the requested variances maintain the general intent and
purpose of the Official Plan and Zoning By-law, is considered minor in nature, and is desirable
for the appropriate development and use of the land.
This recommendation was reached with consideration to the comments provided by the
transportation division.
There are no financial implications associated with this application.
Figure 1: Location of Subject Property
BACKGROUND:
The subject property is located on the north side of Woodland Avenue, close to the intersection of
Woodland Avenue and Russel Street. It is within the Mill Courtland Woodside Park Planning
Community. At present the property is development with a 1.5-storey single detached residential
dwelling as well as a detached accessory structure. The surrounding area is characterized by
residential and institutional uses. The residential uses primarily take low-rise and low-density forms.
The subject property is identified a Community Area on Map 2 Urban Structure
Official Plan and is designated Low Rise Conservation in the Mill Courtland Woodside Park
Secondary Plan. The property is zoned Residential Five Zone (R-5) in Zoning By-law 85-1 and
proposed to be Low Rise Residential Four Zone (RES-4) in Zoning By-law 2019-051.
The purpose of the application is to permit variances to Additional Dwelling Unit (ADU) and parking
provisions in order to facilitate the conversion of an existing detached accessory structure into an
ADU. The applicant has had extensive consultation with municipal staff regarding this application.
Originally, the application requested permission to reduce the width of the required walkway from a
minimum of 1.1 metres to a minimum of 0.76 metres. The purpose of the 1.1 metre walkway
requirement is to ensure that there is clear access to the ADU for both tenants and for emergency
services in the case of an emergency. This is the general width of path needed for the ingress and
egress of a stretcher. As such, the application was amended to instead request a reduced driveway
width and reduced parking space width, per staff suggestion. Staff believed this to be a more
appropriate variance.
City Planning staff conduced a site inspection of the property on April 1, 2022.
Figure 2: Front View of the Subject Property
Figure 3: Proposed Site Plan
Figure 4: Proposed ADU Floor Plan
Figure 5: Front Elevation Drawing of Proposed ADU
Figure 6: Front View of the Exiting Detached Accessory Structure
General Intent of the Official Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
The general intent of the Low Rise Conservation designation is to maintain existing low-rise, low-
density housing. This includes single-detached dwellings, semi-detached dwellings, duplex
dwellings, and multiple dwellings to a maximum of three units. Slight density increases through
conversion or redevelopment from one residential unit to two or three is permitted. At present there
is one single-detached dwelling unit located on the property. The proposed detached ADU will
increase this figure to two. This is a permitted use of the subject land and retains the low-rise and
low-density use and characteristics of the surrounding area. Therefore, staff is of the opinion that
the requested variances maintain the general intent and purpose of the Official Plan and Secondary
Plan.
General Intent of the Zoning By-law
Reduced Lot Width
The general intent and purpose of the Zoning By-law requiring 13.1 metres of frontage for a property
with an ADU is to ensure that there is adequate space to accommodate both dwellings and associated
amenity areas, as well as sufficient access. This number was based on the frontage requirements for a
double-wide garage, zoning requirements for garage to façade widths, and side yard setback
requirements for primary dwellings. The subject property is 427.5 square metres in area, which is above
the minimum requirement of 395 square metres. The 1.1 metre walkway between the street and the
proposed ADU can also be accommodated even with the reduced lot width. Further, the proposed ADU
will not reduce the amount of outdoor amenity space available on the site, being that it is an existing
structure that will be converted.
Reduced Side Yard Setback
The general intent of the side yard setback of an ADU being 0.6 metres is to ensure adequate
separation from adjacent structures, as well as to accommodate appropriate fire separation distance
as required by the Building Code. The proposed ADU is to be located within an existing structure;
as such the separation distance between the building and the neighbouring dwelling will not change.
Further, the Building Division has no concerns with the requested variances.
Reduced Driveway and Parking Width
The general intent of the minimum driveway and parking space width is to ensure functionality and
that appropriate and safe ingress and egress of vehicles and drivers can be accommodated.
The Transportation Division expressed some concern over the ability of a driver to access their
vehicle without obstructing the required walkway or connecting with the side of the single-detached
dwelling. Based on the average 1.8 width of vehicles, it is staff opinion that the proposed 2.2 metre
width of the driveway is sufficient to allow ingress and egress of at least one side of the car. The
walkway can be used to access the other side of a vehicle; this would not inhibit the functionality of
the walkway as an emergency access. Further, under Section 6.1.1.1 b) vi) of the Zoning By-law 85-
1, the walkway must be comprised of a separate material distinct from the driveway. This will help
to discourage vehicles from parking on the walkway and allow it to remain clear of obstructions.
Based on the above, staff are of the opinion that the requested variances meet the general intent
and purpose of the zoning by-law.
Is/Are the Effects of the Variance(s) Minor?
The requested variances can be considered minor in nature, being only a 1 metre difference in
permitted lot width and a 0.2 metre difference for side yard setback, driveway width, and parking
space width. Staff is of the opinion that the requested variances will allow for the conversion of an
existing detached accessory structure into a ADU (detached) that is compatible with the existing
residential use of the property. No adverse effects are anticipated because of this proposal on either
the subject land or adjacent properties. Unobstructed access to the ADU, sufficient amenity space,
and appropriate separation between structures can be provided.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances will facilitate the development of an ADU (Detached), which is a permitted
use in the Official Plan, Secondary Plan, and Zoning By-law. There will be little visible change to the
property as a result of this proposed development, as the existing detached accessory structure is
to be converted. An addition approximately 4.4 metres is size is proposed to the accessory structure
in order to accommodate a bathroom, but this new work will not be visible from the street. Therefore,
the existing character of the streetscape and surrounding area will continue to be maintained. There
are no anticipated negative impacts to adjacent properties. As such, it is the opinion of staff that the
variances are desirable for the appropriate development or use of the land.
Environmental Planning Comments:
There are no natural heritage or tree management concerns associated with this application.
Heritage Planning Comments:
There are no heritage planning concerns associated with this application.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the ADU
is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with
any questions.
Transportation Planning Comments:
The submitted plan with his application notes a 2.6m x 5.5m parking space at the front of the
property, which is acceptable.
Transportation Services have comments regarding the proposed second parking space for the ADU.
First, the plan should note the location of the parking space and be dimensioned to reflect the
proposed width of 2.22m and required length of 5.5m.
Second, Transportation Services question the ability for a driver to access their vehicle with a 2.22m
wide parking space, without the vehicle door contacting with the house, while keeping the proposed
sidewalk clear of any obstructions.
Engineering Division Comments:
No Engineering comments were received at the time of finalizing this staff report.
Parks Division Comments:
Existing boulevard tree(s) should be protected in place throughout all construction
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7839
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-182
SUBJECT: Minor Variance Application A2022-035
Address 99 Kehl Street
Owner(s) Luis & Maria de L. Palacios
Applicant Carole Boucher
RECOMMENDATION:
That Minor Variance Application A2022-035 for 99 Khel Street, requesting relief from
a) Section 5.5.2 c) of the Zoning By-law 85-1 to allow a detached accessory structure to
have a side yard setback of 0.23 metres instead of the minimum required side yard
setback of 0.6 metres; and
b) Section 5.6.1 to allow proposed stairs to have a side yard setback of 0.44 metres
instead of the minimum required side yard setback of 0.75 metres;
to facilitate a second-storey addition to the existing single-detached dwelling and the
conversion of the detached-garage into a home business, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a minor variance to facilitate
the conversion of a detached accessory structure into a heated studio to accommodate a home
business and the construction of a two-storey rear yard addition on a single-detached dwelling.
Relief is required to permit the accessory structure to have a reduced side yard setback of 0.23
metres and to permit stairs for the two-storey addition to have a reduced side yard setback of
0.44 metres.
The key finding of this report is that the requested variances maintain the general intent and
purpose of the Official Plan and Zoning By-law, is considered minor in nature, and is desirable
for the appropriate development and use of the land.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
There are no financial implications associated with this application.
BACKGROUND:
The subject property is located on the west side of Kehl Street, close to the intersection of Kehl
Street and Hoffman Street. It is within the Southdale Planning Community. At present the property
contains a 1.5 storey single detached dwelling with a detached accessory structure in the rear yard.
The surrounding area is characterized predominately by low-rise low-density residential
development and some institutional uses.
The subject property is identified a Major Transit Station Area on Map 2 Urban Structure and is
designated Low Rise Residential on Map 3
The property is zoned Residential Six Zone (R-6) in Zoning By-law 85-1 and is proposed to be zoned
Low Rise Residential Five Zone (RES-5) in Zoning By-law 2019-051.
The purpose of the application is to facilitate the conversion of an existing detached accessory
structure into a heated studio to accommodate a home business, as well as the construction of a
rear-yard 2-storey addition to the existing single-detached dwelling. The proposed home business
provides permanent cosmetic services, which falls under the classification of personal services and
is a permitted use in the zoning by-law.
City Planning staff conducted a site inspection of the property on April 7, 2022.
Figure 2: Proposed Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
variety of low-density residential uses. Within this designation, emphasis is placed on compatibility of
built form with respect to massing, scale, and design to ensure a cohesive relationship with adjacent
buildings, streets, and exterior areas. The property is presently developed with a 1.5-storey, single
detached residential dwelling with a detached accessory structure. The proposed addition will not
significantly change the existing massing, height, or other design characteristics of the property in a
manner that is visible form the street line. Further, the size of the accessory structure is not proposed
to increase and there is little to no change to its external appearance proposed. The proposed addition
and accessory constructor conversion continue to permit appropriate residential uses of the property.
Therefore, it is the opinion of staff that the requested variance meets the general intent of the Official
Plan.
General Intent of the Zoning By-law
The general intent and purpose of the Zoning By-law requiring a 1.2 metre side yard setback is to ensure
access to the rear yard, that there is adequate buffering between buildings, and to provide adequate
space for the owner to maintain their property and dwelling. The rear yard is accessible through the
space between the single-detached dwelling and the detached accessory structure. This entrance is
wide enough to permit the movement of both people and the maintenance equipment such as
wheelbarrows or lawn mowers. The boundaries and position of the detached accessory are not to be
changed and so this entrance will remain functional. Some consideration to the limitations created by
the narrow lot size should also be provided.
Is/Are the Effects of the Variance(s) Minor?
The requested variance can be considered minor in nature. The variances will allow for development
that is compatible with the existing residential use of the property and will not negatively impact
neighbouring lots. Appropriate rear yard access continues to be accommodated and the separation
between dwelling remains sufficient.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances to permit reductions in side yard setbacks will facilitate the conversion of
an accessory structure into a heated studio for a home business and the construction of a two storey
addition to a single-detached dwelling. Both are appropriate uses for the property. Further, there will
be little change to the visible scale and massing of the house; as such the character of the
streetscape and surrounding area will continue to be respected. There are no anticipated negative
impacts as a result of the requested variances to either adjacent properties or the surrounding area.
Environmental Planning Comments:
There are no natural heritage or tree management concerns associated with tis application.
Heritage Planning Comments:
There are no heritage planning concerns associated with this application.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the
change of use to a heated studio is obtained priorto construction. Please contact the Building Division
@ building@kitchener.ca with any questions.
Transportation Planning Comments:
There are no concerns associated with this application.
Engineering Division Comments:
No Engineering comments were received at the time of finalizing this staff report.
Parks/Operations Division Comments:
There are no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-185
SUBJECT: Minor Variance Application A2022-036 235 Heiman Street
RECOMMENDATION:
That Minor Variance Application A2022-036 for 235 Heiman Street requesting relief from
Section 41.6 of Zoning By-law 85-1 to allow for a side yard setback of 1.23 metres instead of
the minimum required side yard setback of 1.5 metres, generally in accordance with Site Plan
Application SP21/096/H/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting a variance for side yard setback in order to convert the existing
duplex dwelling to a multiple dwelling.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is identified as Urban Structure and is designated
Medium Rise Residential
Residential Seven Zone (R-7) in Zoning By-law 85-1.
The purpose of the application is to allow for the conversion of the duplex on the subject property
into a multiple dwelling containing 5 dwelling units.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map - 235 Heiman Street
Figure 2: View of Existing Duplex Dwelling (April 4, 2022)
Figure 3: Excerpt of Site Plan Drawing Showing Side Property Line
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The Medium Rise Residential land use designation is intended to accommodate multiple dwelling
uses, and mixing and integrating of different forms of housing. The request for reduction in side yard
setback does not interfere with the intent in the land use designation. Therefore, Staff are of the
opinion that the requested variance meets the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that requires a 1.5 metre side yard setback for multiple dwellings is to
provide for adequate building separation. The existing building is located 1.23 metres from the
property line and no new building area or changes to the exterior of the building are proposed.
Rather, the applicant is looking to legalize the existing building setback for the multiple dwelling use
by converting the existing duplex dwelling to a 5-unit multiple dwelling building. Staff is of the opinion
that the existing 1.23 metre setback is adequate in providing building separation, and that the change
to multiple dwelling by interior demising of units will not cause a need for an increased building
setback. Therefore, Staff is of the opinion that the requested variance meets the general intent of
the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
No new building area or exterior changes are proposed as part of the conversion, which proposes
to comprise of interior changes only. No adverse impacts to the abutting property are expected.
Therefore, Staff can consider the effects of the requested variance to be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The subject lands are zoned and designated for medium rise development, including multiple
dwellings. The conversion of the lands to multiple dwelling use while maintaining the existing built
form is considered desirable and appropriate for the use of the lands.
Environmental Planning Comments:
No natural heritage concerns due to nature of application (no new site development works).
Heritage Planning Comments:
No Heritage Planning concerns.
Engineering Comments:
No Engineering comments were received at the time of finalizing this staff report.
Building Division Comments:
The Building Division has no objections to the proposed variance. An application has been made to
facilitate the change of use to a multiple dwelling and is currently under review.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Parks/Operations Division Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has been poste
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
additiona
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022via email
GRCA File: A2022-036 – 235 Heiman Street
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6 Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Minor Variance Application A 2022-036
235 Heiman Street, City of Kitchener
Spavest Inc./Yong ZHU
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
GRCA has no objection to the above-noted minor variance application.
Documents Reviewed by Staff
GRCA staff received the applications for the April Committee of Adjustment meeting on
March 24, 2022 from the City of Kitchener.
GRCA staff previously provided comments on the following related applications regarding
the subject property:
Site plan application SP21/096/H/E (GRCA comments via email, dated October 6,
2021): This application proposed to convert the existing dwelling at 235 Heiman
Street to a 5-unit multiple dwelling building, with the existing duplex at 229 Heiman
Street to remain. The two properties were to function as a multiple dwelling
development containing 7 residential units and 13 parking spaces.
Site plan application SP19/120/H/ES (GRCA comments dated November 7, 2019):
This application proposed a new parking lot at 229 Heiman Street and to renovate
the existing building at 235 Heiman Street to add more dwelling units.
GRCA had no objection to the above-noted applications and noted a permit would not be
required as the proposed changes are located outside of GRCA’s regulated areas.
GRCA Comments
GRCA has reviewed this application as per our delegated responsibility from the Province to
represent provincial interests regarding natural hazards identified in Section 3.1 of the
Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario
Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of
Waterloo and as a public body under the Planning Act as per our CA Board approved
policies.
Information currently available at this office indicates that a small portion of the subject
property contains the floodplain of Shoemaker Creek and the associated regulated
allowance adjacent to the floodplain. A copy of our resource mapping is attached.
Due to the features noted above, a portion of the subject property is regulated by the GRCA
under Ontario Regulation 150/06 – Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses Regulation. 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 applicant is requesting relief from the zoning by-law to allow an existing wall of the
building to have a side yard setback of 1.23 metres whereas 1.5 metres is required as a
result of the conversion of the building at 235 Heiman Street from a duplex to multiple
dwelling. The proposal is located outside of GRCA’s regulated areas and this application
concerns an existing building. As such, GRCA has no concerns with this application.
Consistent with GRCA’s 2022 approved fee schedule, this application is considered a
‘minor’ minor variance and the applicant will be invoiced in the amount of $290 for the
GRCA’s review of this application.
Should you have any questions, please contact Jessica Conroy, Resource Planning
Technician, at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
*ML/jc
Enclosed: GRCA Regulation Map
Copy: Spavest Inc. – Owner (via email)
Yong ZHU – Agent (via email)
Grand River
Conservation Authority
Date: Mar 25, 2022
Author: JC
A 2022-036
229 and 235 Heiman Street, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2022.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown in parentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
05102030
GRCA
Metres
Map Centre (UTM NAD83 z17): 541,089.18 4,808,792.98
NAD 1983 UTM Zone 17NScale: 1,039
This map is not to be used for navigation | 2020 Ortho (ON)
±
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-175
SUBJECT: Minor Variance Application A2022-037 234-240 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2022-037 for 234-240 Frederick Street requesting relief
from:
1. Special Regulation Provision 114R of Zoning By-law 85-1 to allow a building height of
14.5 metres instead of the maximum permitted building height of 12.2 metres;
2. Section 44.3.6 of Zoning By-law 85-1 to allow a rear yard setback of 5.2 metres instead
of the minimum required rear yard setback of 7.5 metres;
3. Section 6.1.2 of Zoning By-law 85-1 to allow for a residential parking rate of 1 parking
space per dwelling unit instead of the minimum of 1.25 parking spaces per dwelling
unit, to allow for an office/non-residential parking space of 1 parking space per 65
square metres of gross floor area instead of the minimum required 1 parking space
per 28 square metres of gross floor area, and to allow for the shared use of up to 50%
of the office/non-residential parking stalls for visitor parking purposes;
generally in accordance with Site Plan Application SP21/094/F/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is seeking variances for a parking reduction, rear yard setback reduction, and
increase in building height to facilitate the redevelopment of the site as a mixed use site with
commercial space and 35 dwelling units.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is identified as a Major Transit Station Area on Map 2 Urban Structure and is
designated Low Density Commercial-Residential on Map 20 Central Frederick Secondary Plan in
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The property is zoned Commercial Residential One Zone (CR-1) with Special Regulation Provision
114Rand Special Use Provision 148Uin Zoning By-law 85-1.
The purpose of the application is to consider variances to reduce the required parking rate, to reduce
the minimum rear yard setback, and to allow for an increase in the maximum permitted building
height, to facilitate the development of the subject property as a mixed-use site containing
commercial space and a total of 35 dwelling units. The two existing buildings are to remain, and one
new building containing 32 dwelling units is proposed.
Figure 1: Location Map- 234-240 Frederick Street
Figure 2: View of the Subject Site from Frederick Street (March 30, 2022)
Figure 3: Proposed Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The intent of the Low Density Commercial-Residential designation within the Central Frederick
Secondary Plan is to provide for a range of residential and office uses which respects: the role of
the Downtown as the commercial centre of Kitchener; the traffic operational constraints of Frederick
Street; and the scale, and use of the adjacent low rise, low density residential area. This designation
will also encourage the conservation and continuance of the existing character and quality of the
area through the long term maintenance and improvement of the existing architecture.
The proposed development concept proposes to provide a mix of residential and office space on
site. It also proposes to retain the existing Heritage buildings on site, and the continued use and
maintenance of the buildings. The building orientation and scale are designed to respect the
surrounding properties and neighbourhood. Therefore, the proposed variances meet the general
intent of the Central Frederick Secondary Plan.
General Intent of the Zoning By-law
Building Height
The intent of the regulation that limits building height to 12.2 metres is to preserve the general scale
of the buildings within the secondary plan area. Sites along Frederick Street often exceed this figure.
For example, the property across Gordon Street from the subject site is approximately 17 storeys
and 51 metres tall. Staff is of the opinion that the proposed height of 14.5 metres is keeping within
the general scale of the surrounding neighbourhood, and therefore meets the general intent of the
Zoning By-law.
Rear Yard Setback
The intent of the regulation that requires a minimum rear yard setback of 7.5 metres is to provide for
adequate on-site amenity space and to ensure adequate building separation. With regards to
amenity space, the proposed development is able to provide amenity space not only in the proposed
5.27 metre landscaped rear yard area, but also within the front courtyard area as well as private
balconies. With regards to adequate building separation, the surrounding neighbourhood consists of
compact lot development, with several examples of zero metre setbacks on side yards and rear
yards of lots on adjacent Clarence Place and Gordon Avenue. Staff is of the opinion that the
proposed 5.27 metre rear yard setback is adequate for building separation for this site, and therefore
meets the general intent of the Zoning By-law.
Parking Reduction
The intent of the parking regulations in Section 6.1.2 of the Zoning By-law is to ensure that adequate
vehicle storage can be provided on site. The applicant intends to utilize a parking stacking system
for the residential parking spaces and generally each unit will have their own parking space. Staff
acknowledges that the requested parking rate for residential units and request to share visitor and
-law (2019-051) rates and regulations
that are not yet in in effect on the subject site. For justification for the requested reduction, the site
is within a Major Transit Station Area with good access to LRT and bus transit options which can
reduce the demand for automobile parking. In terms of active transportation, the applicant is
proposing a secured bicycle storage room on site. Planning staff are of the opinion that the propose
parking supply on site is adequate for vehicle storage for the proposed uses.
Are the Effects of the Variances Minor?
The requested reductions for parking and rear yard setback, as well as the requested increase in
building height are small deviations that can maintain the intent of the By-law, while increasing the
use and function on the current site. Staff do not anticipate any adverse impacts from the requested
variances and expect any effects to be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The applicant has proposed a concept that can fit within the existing neighbourhood and can
complement the existing Heritage assets on site. The applicant has taken the proposed concept to
st
the Heritage Kitchener Committee on March 1 2022 and received support. Staff is of the opinion
that the proposed scale, design, and use are complementary to the existing site and surrounding
neighbourhood and can therefore be considered desirable for the use of the land.
Environmental Planning Comments:
There are no natural heritage features/functions. No Environmental Planning concerns.
Heritage Planning Comments:
The property municipally addressed as 234 Frederick Street is designated under Part IV of the
Ontario Heritage Act (1990). The property municipally addressed as 240 Frederick Street is listed as a
non-designated property of cultural heritage value or inter
Register.
The submission and approval of a scoped Heritage Impact Assessment (HIA) was made a
requirement of complete application for Site Plan Application SP21/094/F/ES, in order to ensure that
the proposed development has regard for and is consistent with Provincial, Regional, and Municipal
policies relating to the conservation of cultural heritage resources. A draft HIA prepared by WSP
Canada Inc. and dated March 4, 2021 has been submitted and is currently under review. It was
presented before the Heritage Kitchener Committee at the March 1, 2022 meeting. The Committee
was generally supportive of the application and HIA. It concludes that the proposed development has
limited direct impacts on the heritage attributes of 240 Frederick Street and no direct impacts to the
heritage attributes of 234 Fredrick Street.
It is the opinion of Heritage Planning staff that the requested variances to increase building height and
reduced rear yard setback can be supported. Per the submitted Site Plan Application and the HIA, the
use of buff, brown, and grey materials is proposed. This creates a neutral background that does not
deter from the architectural detail of 240 Frederick and mitigates the impacts of the increased height.
The reduced rear yard setback allows for greater space between the existing heritage buildings and
the new structure, which also allows for a better height transition.
There are no heritage planning concerns related to the request for reduced parking rate.
In addition, both properties are within the Central Frederick Neighbourhood CHL. 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
and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. 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.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for the new
apartment building is obtained prior to construction. Please contact the Building Division @
building@kitchener.ca with any questions.
Engineering Comments:
No Engineering comments were received at the time of finalizing this staff report.
Transportation Planning Comments:
Transportation Services can support the proposed parking reduction for the site plan at 234-240
Frederick St given the justification provided by the applicant.
The site proposed an increase of 32 residential units on top of the existing three (3) residential units
and existing office space. The proposed site plan will provide a total of 42 on-site parking spaces,
with six (6) spaces located on a surface level lot that will serve as shared office/visitor parking
spaces. The applicant has committed to providing Class A and Class B bicycle spaces that align
with the required rates under Zoning By-law 2019-051 (CROZBY) 0.5 Class A secured bicycle
spaces per unit, as well as 6 Class B short-term bicycle spaces (as there are more than 20 units).
Additionally, the site is well served by transit, active transportation connections and is within an 800m
walk to the Frederick ION LRT station.
Parks/Operations Division Comments:
Existing boulevard tree(s) should be protected in place throughout all construction. Formal Parks
and Cemeteries comments related to the proposed Tree Protection and Enhancement Plan provided
through Site Plan Application SP21/094/F/ES.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM This
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Madison Headrick, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: April 6, 2022
REPORT NO.: DSD-2022-174
SUBJECT: Minor Variance Application A2022-038 - 71 Tradewinds Place
RECOMMENDATION:
That Minor Variance Application A2022-038 for 71 Tradewinds Place requesting relief from
Section 38.2.1 of Zoning By-law 85-1 to allow an addition of a patio roof to have a rear yard
setback of 5.93 metres rather than the required 7.5 metres, generally in accordance with
drawings prepared by Steve Ryan, dated March 15, 2022, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of Minor Variance Application A 2022-038,
requesting permission to construct an addition of a patio roof with a rear yard setback of 5.93
metres rather than the required 7.5 metres. The existing deck will be removed to facilitate the
construction of a pavestone patio with a roof.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 71 Tradewinds Place, within the Forest Heights Planning
Community. The area surrounding the subject property is predominately low-density residential uses
in the form of single detached dwellings. The property is currently developed with a two-storey single
detached residential dwelling.
City Planning staff conducted a site inspection of the property on April 6, 2022.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 Location Map 71 Tradewinds Place
Figure 2 - Subject Property 71 Tradewinds Place
Figure 3 - Rear Yard 71 Tradewinds Place
Community AreaMap 2 Urban Structure and is designated
Low Rise Residential
Residential 4 Zone (R-4-law 85-1.
The purpose of the application is to construct an addition of a patio roof to provide covered outdoor
amenity space. The applicant is requesting relief from the rear yard setback from 7.5 metres to 5.93
metres to allow for the addition of the patio roof. The existing deck will be removed, and a stone
patio will be installed.
Figure 4 Proposed Survey Plan
Figure 5 Proposed Elevation Drawings
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
a
variety of low-density residential uses. The proposed patio roof addition will be a part of the existing
designation. The existing deck will be removed to facilitate the construction of the patio roof and the
new patio. As the low-density residential use will be maintained, Planning staff is of the opinion that
the proposed patio roof addition maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the rear yard setback is to provide adequate private amenity space for residents in the
rear yard. Staff is of the opinion that the proposed rear yard of 5.93 metres will continue to provide
for an appropriately sized amenity areas both under the roof and outside of the roofed area.
Furthermore, the proposed covered patio will provide covered outdoor amenity space, resulting in a
similar overall amount of amenity space for residents to what is currently existing.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor and will not cause significant impacts to
adjacent properties or the neighbourhood. The covered patio will provide outdoor amenity space
along with the 5.93 metre rear yard setback. The patio roof will allow for this outdoor amenity area
to be protected from the elements of nature allowing it to be enjoyed more. Additionally, the
requested reduction in rear yard setback is only 1.57 metres less than what is required.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The rear yard setback reduction will not negatively impact the character of the subject property, as
the proposed patio roof is part of a residential use, sufficient outdoor amenity space is provided, and
the functionality of the existing amenity area will be improved. There are no anticipated negative
impacts to the surrounding area, appropriate separation is maintained between the single detached
dwelling on the subject property and adjacent dwellings and the proposed patio roof addition will not
be visible from the street. Therefore, Planning staff is of the opinion that the proposed variance is
appropriate.
Environmental Planning Comments:
There are no natural heritage or tree concerns with this application.
Heritage Planning Comments:
Heritage Planning staff has no concerns with this application.
Building Division Comments:
The Building Division has no objections to the proposed variance. Application has been made for the
roof structure is currently under review.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Engineering Comments:
No Engineering comments were received at the time of finalizing this staff report.
Parks/Operations Division Comments:
No concerns.
Region of Waterloo Comments:
The Region of Waterloo has no concerns with this application.
GRCA Comments:
GRCA has no objection to the approval of this application. The subject property does not contain
any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features
of interest of GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a
permission from GRCA is not required.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-183
SUBJECT: Minor Variance Application A2022-039 3241-3247 King Street East
and 108 Cameo Drive
RECOMMENDATION:
That Minor Variance Application A2022-039 for 3241-3247 King Street East and 108 Cameo
Drive requesting relief from:
1. Section 43.3 of Zoning By-law 85-1 to allow:
a) a front yard setback of 4 metres instead of the minimum required front yard
setback of 39 metres;
b) an easterly side yard setback of 1.5 metres instead of the minimum required side
yard setback of 6 metres;
c) a rear yard setback of 3 metres instead of the minimum required rear yard setback
of 7.5 metres;
2. Section 6.1.2 (a) of Zoning By-law 85-1 to permit a rate of 0.93 parking spaces per
dwelling unit (880 spaces) instead of the minimum required 1.5 parking spaces per
dwelling unit (1419 spaces);
3. Section 6.1.2 (b)(vi)(b) of Zoning By-law 85-1 to permit a visitor parking rate of 6% (85
spaces) instead of the minimum required 20% (284 spaces);
4. Special Regulation 169R in Zoning By-law 85-1 to permit a rate of 488 units per hectare
instead of the maximum of 100 units per hectare;
generally in accordance with Site Plan Application SP21/107/K/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is seeking variances for a reduction in yard setbacks, parking and units per
hectare, to facilitate the development of the lands with a 3 tower, 846-unit multiple dwelling with
underground, structured, and surface parking.
There are no financial implications.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
The subject property is an irregular-shaped through lot, with frontage onto King Street East and
Cameo Drive.
The subject property is split-identified as on Map 2 Urban
Structure and is designated on Map 3
Plan.
Residential Nine Zone (R-9) with Special Regulation Provision 169R in
Zoning By-law 85-1.
The purpose of the application is to facilitate the development of the lands with a 3 tower, 946-unit
multiple dwelling with underground, structured, and surface parking. The proposed 3 towers would
be 24, 23, and 19 storeys in height. The applicant has submitted a Site Plan Application
(SP21/107/K/ES) and it is currently under review.
Through the site plan review process, a slight change in the number of parking spaces as a result of
design changes has occurred, and now stands at 880 spaces in total and a rate of 0.93 spaces per
unit whereas the minor variance application had originally stated 894 parking spaces in
total and a rate of 0.94 spaces per unit.
Figure 1: Location Map 3241-3247 King Street East & 108 Cameo Drive
Figure 2: View of Existing Vacant Site (March 28, 2022)
Figure 3: Proposed Site Plan
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act,
R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments:
General Intent of the Official Plan
The High Rise Residential land use designation is intended to accommodate high density multiple
dwellings. The proposed development concept represents a high rise, high density development
while meeting the permitted maximum FSR (4.0) in the Official Plan. The proposed variances are
site specific and do not interfere with the general intent of the land use designation in the opinion of
Staff. Therefore, the proposed variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
Front Yard Setback
The intent of the regulation for front yard setback i
higher the building is, the further it needs to be set back from the street. This method of determining
front yard setback is not representative of current planning principles, which would prefer to locate
the building closer to the street line to provide for an active streetscape and to address the street.
The regulations in the new Zoning By-law (2019-
favor of locating building closer to the street. The requested variance represents a better built form
and street activation from an urban design perspective, and by achieving a higher level of urban
design, Staff is of the opinion that the requested variance meets the general intent of the Zoning By-
law.
Side Yard Setback
The intent of the regulation for side yard setback is to provide for adequate building separation,
privacy, and landscape buffer within the side yards. In this situation, the requested 1.5 metre side
yard setback is represented not by a portion of one of the towers, but by parking structure attached
to Tower B. This part of the structure does not have the same impact (in terms of privacy and building
separation) as the 23-storey tower that is attached to it, which is set back greater than 15 metres to
both side lot lines. The proposed 1.5 metre setback is enough to plant vegetation and serve as an
adequate landscape buffer. Therefore, Staff is of the opinion that the requested variance for side
yard setback reduction meets the intent of the Zoning By-law.
Rear Yard Setback
The intent of the regulation for rear yard setback is to provide for adequate building separation and
provision of on-site amenity space. The subject property is a through lot, with frontage onto King
Street East and Cameo Drive. As Staff are considering the front yard to be on King Street, the rear
yard becomes the street line on Cameo Drive. The rear yard setback regulation was designed for
interior lots that typically feature rear yards facing other rear yards. With regards to building
separation As this is not true in for this lot, the need for building separation of 7.5 metres is not
applicable here and Planning Staff would evaluate the proposed setback based on this
circumstance, which would be a building facing the City street Cameo Drive. From an urban design
perspective, Staff is supportive of the proposed Tower C being located 3 metres from the street line
on Cameo Drive as it will address the street and provide immediate pedestrian access. With regards
to amenity space the proposed development contains amenity space on a third-floor patio on top of
the parking garage, at grade amenity space, and unit balconies. Therefore, Staff is of the opinion
that the requested variance for rear yard setback meets the intent of the Zoning By-law.
Parking Reductions
The intent of the regulation for minimum parking and visitor parking is to ensure that adequate vehicle
storage can be provided on site. Through the site plan process, Staff and the applicant have
evaluated a numberof Transportation Demand Management(TDM) measures in an effort to reduce
overall dependence on the automobile for users of the proposed development. This includes:
Designating a car-share parking space
Provision of indoor, secured bicycle parking exceeding 0.5 spaces per unit
Provision of electric bike and cargo bike storage spaces
Unbundled parking (units will not automatically come with a parking space)
Subsidized transit passes
Delegating a TDM coordinator and providing an educational welcome package on transit, car
share, and active transportation options to all residents
Staff have evaluated the request for a reduction that results in 880 total parking spaces on site. Staff
acknowledges the built form typology, site location and access to transit, and provision of the above-
noted TDM measures. Staff are of the opinion that the total number of standard parking spaces and
visitor parking spaces are adequate for vehicle storage on site, and therefore the requested variance
meets the general intent of the Zoning By-law.
Units per Hectare
The intent of the regulation that restricted the subject lands to 100 units per hectare is to ensure
adequate servicing capacity to the site. Since this regulation was applied, the Freeport Pumping
Station project has now been completed and the reduced servicing capacity in this area does not
exist anymore. This provision is scheduled to be removed when the new Zoning By-law (2019-051)
comes into effect. As no servicing capacity issues exist, Staff is of the opinion that the requested
variance meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The effects of the requested variances are not expected to bring any adverse impacts to the abutting
lands or surrounding neighbourhood. Staff are of the opinion that the site functionality, design, and
expected scale and land use can be maintained despite the requests for variances. Therefore, Staff
consider the variances to be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The subject lands are designated and zoned for high density residential land use. The requested
variances do not significantly affect the type of development expected on this site and can be
considered both desirable and appropriate for this parcel of land. Staff is of the opinion that the
requested variances are desirable and appropriate for the development of the land.
Environmental Planning Comments:
Environmental Planning advises that concerns related to the Tree Management Plan (TMP) and
Environmental Impact Study (EIS) for the Site Plan application SP21/107/K/ES have not yet been
addressed. Environmental Planning advises that changes to the site plan as a result of the
aforementioned concerns may result in the need for further minor variance(s).
Heritage Planning Comments:
No Heritage Planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed.
Engineering Comments:
No Engineering comments were received at the time of finalizing this staff report.
Transportation Planning Comments:
Transportation Services can support the proposed variance in parking, as revised from 0.94 parking
spaces per unit to 0.93 parking spaces per unit, based on the justification provided by the applicant
in a report completed by Paradigm Transportation Solutions (dated September 2021), in addition to
ongoing revisions to the site plan via the site plan application process.
The proposed total parking rate of 0.93 parking spaces per unit (880 parking spaces, 948 units), with
approximately 6% of the provided parking dedicated to visitor parking (85 visitor spaces) is
supportable by Transportation Services. Additionally, through ongoing discussions through the site
plan process, Transportation Services will be requiring, at minimum, a rate of 0.5 Class A (indoor,
secured) bicycle spaces per unit, and a minimum of 6 Class B (short-term) bicycle spaces for this
site (equivalent to the rates under the future Zoning By-law 2019-051 (CROZBY).
Transportation Services can support the requested parking variances being sought provided that the
following is provided:
That 599 Class A bicycle parking spaces be provided and,
That 28 Class B bicycle parking spaces be provided.
Parks/Operations Division Comments:
Formal Parks and Cemeteries comments related to the proposed Tree Protection and Enhancement
Plan provided through SP21/107/K/ES
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
March 31, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) / 06 FREDERICK/234 240 FREDERICK STREET
2564292 ONTARIO
INCORPORATED
(7) / 08 KING KIT/3241-3247 KING ST E & 108 CAMEO
DRIVE 3247 KING ST E (KITCHENER) LIMITED (VIVE)
Subject: Committee of Adjustment Meeting April 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 032 110 Florence Avenue No Concerns.
2) A 2022 - 033 32 Woodland Avenue No Concerns.
3) A 2022 - 035 99 Kehl Street No Concerns.
4) A 2022 - 036 235 Heiman Street No Concerns.
5) A 2022 - 037 234-240 Frederick Street No Concerns.
6) A 2022 - 038 71 Tradewinds Place No Concerns.
7) A 2022 - 039 3241-3247 King Street East & 108 Cameo Drive No Concerns.
Please be advised that any development on the lands subject to the Applications noted
above are subject to the provisions of the Regional Development Charge By-law 14-046
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВВЏЉЊА
tğŭĻ Њ ƚŅ Ћ
or any successor thereof and may require the payment of Regional Development
Charges for these developments prior to the issuance of a building permit. The
comments contained in this letter pertain to the Application numbers listed above. 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
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
April 1, 2022 via email
GRCA File: A2022-039 -3241-3247 King Street East and 108 Cameo Drive
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6 Floor
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Minor Variance Application A 2022-039
3241-3247 King Street East and 108 Cameo Drive, City of Kitchener
Stephen Litt/Pierre Chauvin
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
GRCA has no objection to the above-noted minor variance application. GRCA requires
plans for any proposed development or site alteration within the regulated area
including for landscaping or trails and a GRCA permit may be required.
Documents Reviewed by Staff
Staff have reviewed the following documents submitted with this application, received
by GRCA staff on March 24, 2022 from the City of Kitchener:
Planning letter (MHBC, March 4 2022)
Application form (City of Kitchener, March 4 2022)
Site plans (Cusimano Architect, September 9, 2021; revised January 14, 2022)
GRCA staff previously provided related comments (dated November 8, 2021) on Site
Plan Application SP21-107-K-ES. GRCA staff had no objection to the proposal, but
noted that any plans for the “amenity area” within the GRCA regulated area of the
property should be submitted to the GRCA and a permit may be required.
GRCA Comments
GRCA has reviewed this application as per our delegated responsibility from the
Province to represent provincial interests regarding natural hazards identified in Section
3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under
Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with
the Region of Waterloo and as a public body under the Planning Act as per our CA
Board approved policies.
Information currently available at this office indicates that the subject property contains
floodplain and valley slope associated with Hidden Valley Creek. A copy of our resource
mapping is attached.Due to the presence of these features, a portion of the subject
property is regulated by the GRCA under Ontario Regulation 150/06 – Development,
Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation.
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 proposal includes adding 948 residential units located in three separate towers and
parking. A number of variances are required for setbacks, parking ratio, and density.
Based on the circulated plans, the proposed development is located outside of GRCA’s
regulated area. As such, GRCA staff do not anticipate negative impacts to the above-
noted regulated features as a result of this application. As noted in our previous site
plan comments (November 8, 2021), GRCA requires details of any potential
development or site alteration within the regulated area, including the potential “amenity
area” landscaping and/or trails discussed in the circulated planning letter, and a permit
may be required.
Consistent with GRCA’s 2022 approved fee schedule, this application is considered a
‘minor’ minor variance and the applicant will be invoiced in the amount of $290 for the
GRCA’s review of this application.
Should you have any questions, please contact Jessica Conroy, Resource Planning
Technician, at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
*ML/jc
Enclosed: GRCA Regulation Map
Copy: Stephen Litt – Owner (via email)
Pierre Chauvin, MHBC Planning Ltd. – Agent (via email)
Grand River
Conservation Authority
Date: Mar 25, 2022
Author: JC
A 2022-039
3241-3247 King Street East and 108 Cameo
Drive, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2022.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown in parentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
012.5255075
GRCA
Metres
Map Centre (UTM NAD83 z17): 546,535.71 4,808,180.07
NAD 1983 UTM Zone 17NScale: 2,078
This map is not to be used for navigation | 2020 Ortho (ON)
±
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: April 8, 2022
REPORT NO.: DSD-2022-190
SUBJECT: Consent Application B 2022-028
Address 425 Bingemans Centre Dr
Owner Bingemans Inc.
Applicant MHB
RECOMMENDATION:
That Consent Application B2022-028 requesting consent to sever a parcel of land having an
area of approximately 10.9 hectares, BE APPROVED subject to the following conditions:
1.
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
2. That the property 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
n.
3. That the property 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 size paper copies of the plan(s). The digital
file needs to be submitted according to the City of Kitchener's Digital Submission
4. That the property owner shall submit and receive approval of a Phase 1 Environmental
Impact Study (EIS) or other suitable study, demonstrating that the proposed consent
does not result in adverse environmental impacts to the satisfaction of the City,
Region and/or GRCA.
Further, the property owner shall submit and receive approval of the reference plan
The Owner agrees that the
property boundary shown on the final draft reference plan shall be outside of the Core
Environmental Feature as determined by the Phase 1 EIS, to the satisfaction of the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
5. That the property owner shall obtain a Demolition Permit, for the removal of the Existing
Pumping Station #2 (Sanitary Pump House) as shown Figure 1.2 (Conceptual Removals
Plan) of the Servicing Overview prepared by MTE Consultants dated March 4, 2022 to the
Chief Building Official, and removes the existing building prior
to deed endorsement.
6. That the Owner shall submit for approval a Stormwater Management Design to the
satisfaction of the Director of Engineering, and shall grant an easement to the City of
Kitchener to permit the expansion of City owned Stormwater Facility 143, located on
lands to be retained, in accordance with the approved Stormwater Management
Design. The Owner shall submit a draft reference plan showing the easement to the
satisfaction of the Director of Engineering Services and shall convey the
Director of Engineering Services. All costs associated with the creation of the
easement including but not limited to preparation of the Draft Reference Plan, City
legal fees and registration costs, shall be the responsibility of the Owner.
7. The Owner shall enter into an agreement with the City of Kitchener, to be prepared by
the City Solicitor, which shall acknowledge that upgrades are required to the City
owned Stormwater Facility 143 prior to site plan approval and that the costs
associated with required upgrades shall be the responsibility of the owner of the lands
to be severed. The agreement shall further require the Owner to include a notice
provision in all future Agreements of Purchase and Sale for the severed lands advising
potential Purchaser(s) of servicing and the Stormwater Facility 143 upgrade
requirements. The said agreement shall be to the satisfaction of the Director of
Engineering Services and the City Solicitor and shall be registered on title to the
severed lands.
8. That the Owner shall receive approval of a servicing plan for the lands to be severed and
the lands to be retained to the satisfaction of the Director of Engineering Services.
9. That the Owner shall remove any redundant service connections and install new
service connections that may be required on both the lands to be severed and the
s Director on Engineering Services.
10. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset information to the
dorsement.
11. That the Owner shall receive approval of a Site Plan for the lands to be retained to the
satisfaction of Manager of Development Review which reflects, at minimum, the
proposed changes to the lot size and any associated changes to the operation and/or
functioning of the site including but not limited the installation of new driveways and
internal roads which may be required to facilitate site circulation and emergency
access routes. Site development works associated with the site plan shall be
completed prior to endorsement of the deed.
12. That the property owner shall, prior to final approval, submit the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to make recommendations with respect to the proposal to sever
425 Bingemans Centre Drive to create a 10.9 hectare parcel of land having frontage on
Bingemans Centre Drive and Shirley Drive.
Staff recommend that the application be approved subject to conditions.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 425 Bingemans Centre Drive and is currently home to Bingemans.
Staff completed a site visit March 18, 2022. Bingemans Inc. is proposing to sever a 10.9 hectare
parcel of land, shown as Part 1 on the Severance Sketch. The Committee gave consent in June
2021 to a sever lands from the western frontage of the subject property.
Image 1 Severance Sketch (425 Bingemans Centre Drive)
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) promotes and supports economic development by requiring
Planning Authorities to provide opportunities for a range of employment uses, including industrial
employment. The subject area is planned and designated for General Industrial Employment,
however are currently used for commercial recreational purposes. The proposed consent will
facilitate the future use of the lands for their planned industrial purpose.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Policies of the Growth Plan support economic development and competitiveness by supporting the
efficient use of existing employment areas and underutilized employment lands and ensuring the
availability of sufficient land for employment growth. The proposed consent will help support the
development of lands intended for employment uses for their intended purpose.
Regional Official Plan (ROP):
Urban Area. The subject lands are designated Built-Up Area in the ROP and the proposed consent
conforms to Policy 2.D.1. Physical infrastructure and community infrastructure exists to support the
proposed residential development, including transportation networks, municipal drinking-water
supply and wastewater system. The proposed industrial use is in keeping with the industrial
employment character of the surrounding lands, and the required Environmental Impact Study will
ensure that the property boundary will be outside the environmental feature which will be located on
the lands to be retained.
The proposed lands to be severed are as identified as Industrial Employment Area on Map 2, and
designated Business Park Employment on Map 3
lands to be retained are identified as Industrial Employment Area and Green Area on Map 2 Urban
Structure and designated Business Park Employment and Natural Heritage Conservation on Map 3
and maintain economic activity in the city by providing an adequate supply of land for a range of
industrial-related employment uses and appropriate accessory and ancillary uses. Lands designated
as Business Park Employment are regarded as a prestigious location for certain industrial uses due
to its access to major transportation corridors, high visibility, and distinct identity. Manufacturing and
the other employment uses are including warehousing, storage, distribution and wholesaling are
permitted. The proposed multi-tenant industrial building is permitted.
The planned function of Green Areas is to protect and conserve the ecological functions and features
and passive and active recreation that these areas provide. The boundary of the Natural Heritage
system as identified in the Official Plan is approximate and is intended to be more precisely defined
through the development review process through the completion of Environmental Impact Studies.
The applicant has shown the proposed property boundary on Severance Sketch and staff is of the
opinion that it is generally consistent with the edge of the natural feature (core environmental feature
and/or top of slope). However, prior to endorsement of the deed, the boundary of the natural features
must be verified through an Environmental Impact Study and the proposed property boundary
confirmed. City and Regional Environmental Planning staff are supportive of this approach and have
no objections to the proposed consent. Phase 1 of the EIS will confirm the boundary of the natural
features. Phase 2 of the EIS will be required at the time of Site Plan Approval to recommend
enhancements and mitigation measures in consideration of the proposed site design. In accordance
with the foregoing, staff are recommending a condition of approval requiring that Phase 1 of the EIS
be completed prior to endorsement of the deed, and that the Director of Planning be required to
approve the final draft reference plan (property boundary) to confirm that the property line is
consistent with the approved Phase 1 EIS.
The Grand River Conservation Authority has no objections to the proposed consent and has
indicated that slope erosion hazards can be further investigated through the future Site Plan
Approval process.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding lot creation (Consent Policies).These policies state the following:
Applications for consent to create new lots will only be granted where:
a)the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law, or
a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h)
The proposed lot complies with policies of the Official Plan and regulations of the Zoning By-law.
The lot size is appropriate in the context of an industrial employment area and has frontage on public
streets. Municipal services are available, and a plan of subdivision is not necessary for the orderly
development of the lands.
Zoning By-law 2019-051
- with Site Specific
Provision (76) in Zoning By-law 2019-051. The lands to be retained are split zoned Service Business
Park Employment EMP-4 Site Specific Provision (76) and Natural Heritage Conservation NHC-1
with Site Specific Provision (76), and have various Environmental Zoning Overlays as identified in
Zoning By-law 2019-051. Site Specific Provision 76 permits the campground, conference centre,
and other commercial recreation uses. The proposed uses, lot width and area exceed the minimum
requirements of the zoning by-law.
There is an existing building containing a sanitary pump house is located straddling the property line
(shown as Existing Pumping Station #2 (Sanitary Pump House) as shown Figure 1.2 (Conceptual
Removals Plan) of the Servicing Overview prepared by MTE Consultants dated March 4, 2022. This
building is required to be demolished prior to endorsement of the deed.
Engineering staff have reviewed the servicing overview prepared by MTE dated March 4, 2022 and
submitted in support of the application. Engineering staff have no objections to the proposed consent
subject to the final approval of a Stormwater Management Design, including a future expansion of
(Stormwater Facility 143) on the lands to be retained, and an
additional easement being conveyed for this purpose. A condition of approval has been included in this
regard. Further, Engineering staff has indicated that site servicing details for the lands to be severed
can be appropriately address through the future Site Plan Approval for the lands to be conveyed, and
a new water connection is planned for the lands to be retained and will be installed prior to endorsement
of the deed. Conditions have been included in this regard.
As a condition of approval, Planning staff also require that the Owner receive Site Plan approval for the
lands to be retained to reflect changes to the lot size and any associated changes to the operation
and/or functioning of the siteincluding but not limited the installation of new driveways and internal
roads which may be required to facilitate site circulation and fire routing.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lot is desirable and appropriate.
The uses of both the severed and retained par
Zoning By-law. Planning staff is of the opinion that the size, dimension and shape of the proposed
lot is suitable for the use of the lands and compatible with the surrounding community. The severed
lands front onto an established public street and can be serviced with municipal services.
Appropriate storm water management provisions will be determined through the future site planning
process. Staff is further of the opinion that the proposal is consistent with the Region of Waterloo
Official Plan, the Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe and is good planning and in the public interest.
Environmental Planning Comments:
Natural Heritage Conservation lands are identified on and/or adjacent to the severed and retained
lands. Land division that results in the creation of a new lot will be discouraged on lands adjacent
to natural heritage features unless the ecological features and functions of the adjacent lands have
been evaluated and it has been demonstrated through an Environmental Impact Study (EIS) or
suitable study that land division does not result in adverse environmental impacts.
The City (Env. Planning) will require an Environmental Impact Study (EIS) or suitable study to
confirm that land division does not result in adverse environmental impacts to the satisfaction of
the City, Region and GRCA. Further the City (Env. Planning) requests that owner agree that the
final reference plan (property boundary) reflects the outcome of the approved study.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Building permit(s) will be required for
the demolition of the pump house.
Engineering Division Comments:
Engineering has no objections to the proposed consent subject to the following comments/conditions:
That the Owner shall receive approval of a servicing plan for the lands to be severed and the
lands to be
That the Owner shall remove any redundant service connections and install new service
connections that may be required on both the lands to be severed and the lands to be
s Director on Engineering Services.
That the Owner submit a Development Asset Drawing (digital AutoCAD) for the site
(servicing, SWM etc.) with corresponding layer names and asset information to the
satisfaction of
That the Owner shall submit for approval a Stormwater Management Design to the
satisfaction of the Director of Engineering, and shall grant an easement to the City of
Kitchener to permit the expansion of City owned Stormwater Facility 143, located on lands
to be retained, in accordance with the approved Stormwater Management Design. The
Owner shall submit a draft reference plan showing the easement to the satisfaction of the
Director of Engineering and shall convey the approved easement to the satisfaction the City
All costs associated with
the creation of the easement including but not limited to preparation of the Draft Reference
Plan, City legal fees and registration costs, shall be the responsibility of the Owner.
The Owner shall enter into an agreement with the City of Kitchener, to be prepared by the
City Solicitor, which shall acknowledge that upgrades are required to the City owned
Stormwater Facility 143 prior to site plan approval and that the costs associated with
required upgrades shall be the responsibility of the owner of the lands to be severed. The
agreement shall further require the Owner to include a notice provision in all future
Agreements of Purchase and Sale for the severed lands advising potential Purchaser(s) of
servicing and the Stormwater Facility 143 upgrade requirements. The said agreement shall
be to the satisfaction of the Director of Engineering Services and the City Solicitor and shall
be registered on title to the severed lands.
Parks/Operations Division Comments:
The parkland dedication requirement for this submission is deferred and will be assessed at a
future Site Plan Application. Parkland dedication will be assessed based on the land use class(es)
and density and required as a condition of Site Plan Approval.
Transportation Planning Comments:
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
DSD-2021-101 B2021-031 & B2021-032 (355-425 Bingemans Centre Drive)
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
Peter Ellis
519-503-2536
D20-20/22 KIT
April 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-029 and B2022-030
Committee of Adjustment Hearing April 19, 2022
CITY OF KITCHENER
B2022-029
96 Third Avenue
J and O Vukovich, M. Ljubomir (Owners) / Mackenzie Streutker (Van Harten
Surveying Inc. - Applicant)
The owner/applicant is proposing to sever the existing lot into two properties, demolish
the existing dwelling and build a semi-detached duplex building
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 300 metres (approximately
214 metres) of Provincial Highway 7/8 and will have impacts from transportation noise
sources in the vicinity. It is the responsibility of the applicant to ensure the proposed
development is not adversely affected by anticipated transportation (traffic) noise
Document Number: 4003483
impacts. Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be
required for a development application for a sensitive land use submitted in the vicinity
of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system,
transit terminals, railways or Area Municipal roads. In order for this consent application
to conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Provincial
Highway, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the City of
Kitchener to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements:
a) The dwelling unit will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway / Highway
7/8 may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
ii. Type C - een
designed with the provision of adding central air conditioning at the
low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
Document Number: 4003483
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway /
Highway 7/8 may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo and the Ministry of the Environment,
Conservation and
ii. Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
___________________
B2022-030
50 Florence Avenue
2741275 Ontario Inc. (Owners) / Khaled Berbash (Can-Connect Developments Inc.
Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to construct
two new single detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
Document Number: 4003483
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 200 metres (approximately
90 metres) of Weber Street East / King Street East and Kingsway Drive and will have
impacts from transportation noise sources in the vicinity. It is the responsibility of the
applicant to ensure the proposed development is not adversely affected by anticipated
transportation (traffic) noise impacts. Staff also note that there are some commercial
land uses in the vicinity that may contribute additional noise impacts on occasions.
Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be required
for a development application for a sensitive land use submitted in the vicinity of an
Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit
terminals, railways or Area Municipal roads. In order for this consent application to
conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Regional
Road, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the Region of
Waterloo to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements:
a) The dwelling unit(s) will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on Weber Street East / King Street East / Kingsway Drive
and from some commercial land uses in the vicinity may on occasions interfere
with some activities of the dwelling occupants as the sound levels exceed the
sound level limits of the Region of Waterloo and the Ministry of the
ii. Type C -
designed with the provi
discretion. Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Region of Waterloo and the Ministry of the Environment
Document Number: 4003483
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo, must be registered on title for both the retained and severed
lands that includes the requirement for the following noise mitigation and warning
clauses in all agreements of Offers of Purchase and Sale, lease/rental
agreements:
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on Weber Street East / King Street East / Kingsway
Drive and from some commercial land uses in the vicinity may on
occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and
ii. Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Region of Waterloo and the
_______________
Document Number: 4003483
General Comments
Any future development on the lands subject to the above-noted consent application 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,
Peter Ellis, MES
Principal Planner
Document Number: 4003483
April 4, 2022
Sarah Goldrup
Committee Administrator
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
sarah.goldrup@kitchener.ca
Re: Consent Application B2022-028
425 Bingemans Centre Drive, Kitchener
Mark Bingeman
Dear Ms. Goldrup,
The Grand River Conservation Authority (GRCA) staff have reviewed the above-noted
application for a severance.
Recommendation
The GRCA has no objections to the consent.
Documents Reviewed by Staff
Staff have reviewed the property assessment report (MTE, revised March 4, 2022)
submitted with this application.
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Regulation 150/06ed policies, and our MOU with the Region of
Waterloo.
Page 1 of 2
Information currently available at our office indicates that the proposed severed parcel
contains a riverine slope associated with the Grand River.The slope appears to be
approximately a 17-23% gradient, and the severance is proposed along thetop of
slope.
We have no concerns with the consent. As part of a future site plan application, the
extent of erosion hazards (> 20% gradient) mustbe confirmed through a site-specific
topographical surveyand an engineering assessment. These studies should confirm:
All development is outside of the erosion hazard;
Loading and drainage for the site will not cause slope instability; and,
A6metresetbackis provided for emergency access.
______________________________
We received overpayment fees for our review of this application, and are resolving
payment with the applicant.Additional fees may be required for subsequent planning
applications, and aseparate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
theywood@grandriver.ca.
Sincerely,
____________________________
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl.Resource Mapping
cc:Paul Britton, MHBC
Page 2of 2
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: April 6, 2022
REPORT NO.: DSD-2022-173
SUBJECT: Consent Application B2022-029
Address 96 Third Avenue
Owners Jovan & Olja Vukovich, Miric Ljubomir
Applicant Van Harten Surveying Inc.
RECOMMENDATION:
That Consent Application B2022-029 requesting consent to sever a parcel of land having a
lot width of 7.82m metres, a lot depth of 39.85 metres and a lot area of 312 square metres, BE
APPROVED subject to the following conditions:
1.
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
2. That the property 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
3. That the property 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 size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the property owner shall obtain Demolition Control Approval, in accordance with
-law, to the
Development Applications.
5. That the property owner shall obtain a Demolition Permit, for the existing single
detached dwelling proposed to be demolished, to the satisfaction of the Chief
Building Official, and removes the existing dwelling prior to deed endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the property owner shall make financial arrangements to the City of Kitchener
for a cash-in-lieu contribution for park dedication equal to $3597.20 of the value of
the lands to be severed.
7. That the property owner shall fulfil one of the following three requirements to ensure
that any City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title to the severed and retained lands, which shall
include the following:
i) That the property owner shall prepare a Tree Preservation and Enhancement
protection and preservation of the City-owned tree that is located adjacent to
the severed and/or retained lands, to the satisfaction of and approval by the
matters, the identification of a proposed building envelope/work zone, a
landscaped area and the vegetation to be preserved. No changes to the said
and Cemeteries.
ii) That the property owner shall implement the Tree Protection and Enhancement
Plan, prior to any tree removal, grading, servicing or the issuance of any
Parks and Cemeteries.
iii) That the property owner shall maintain the severed and retained lands, in
accordance with the approved Tree Preservation and Enhancement Plan, for the
life of the development.
OR
b) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
i) That the property owner shall prepare a Street Tree Planting Plan that shows
the replacement of the City-owned tree to be removed (located adjacent to the
severed and/or retained lands) with two (2) suitable trees, in accordance with
the City of Kitchener Development Manual Standards, to the satisfaction of
Cemeteries.
ii) That the property owner shall implement the approved Street Tree Planting
OR
c) Make arrangements regarding financial compensation for the tree to be removed,
8. That the property owner shall, prior to final approval, submit the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
9. That prior to final approval, the owner/applicant must submit a valid section 59
notice.
10. That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
a. The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b. The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway /
Highway 7/8 may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits
of the Region of Waterloo and the Ministry of the Environment,
ii. Type C -
been designed with the provision of adding central air conditioning at
the occup
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
11. That the property owner shall enter into an agreement with the City of Kitchener, to
be prepared by the City Solicitor, to the satisfaction of the City Solicitor and t
Supervisor, Site Plans, and registered on title of the severed and retained lands,
which shall include the following:
a) That the property owner shall prepare a Tree Preservation and Enhancement Plan
for the severed and retained lands, in accordanc
Site Plans. Such plans shall include, among other matters, the identification of a
proposed building envelope/work zone, a landscaped area and the vegetation to
be preserved. No changes to the said plan shall be granted except with the prior
b) That the property owner shall implement the Tree Preservation and Enhancement
Plan, prior to any tree removal, grading, servicing or the issuance of any
Site Plans.
c) That the property owner shall maintain the severed and retained lands, in
accordance with the approved Tree Preservation and Enhancement Plan, for the
life of the development.
12. That the property owner shall provide a servicing plan showing outlets to the
municipal servicing system to the satisfaction of the Director of Engineering
Services.
13. That the property owner shall submit a Development Asset Drawing (digital
AutoCAD) for the site (servicing, SWM etc.) with corresponding layer names and
asset information
prior to deed endorsement.
14. That the property owner shall make financial arrangements for the installation of any
new service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
15. That the property owner shall ensure any new driveways are to be built to City of
16. That the property owner shall provide confirmation that the basement elevation can
be
Engineering Services. If this is not the case, then the property owner shall pump the
sewage via a pump and forcemain to the property line and have a gravity sewer from
Services.
REPORT HIGHLIGHTS:
The purpose of this report is to provide recommendations for the approval of the request to
sever the semi-detached dwelling being constructed on Third Avenue so that each half of the
semi-detached dwelling may be dealt with independently.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on Third Avenue near the intersection of Franklin Street South and
Kingsway Drive.
Figure 1: Location map: 96 Third Ave.
Figure 2: Front view of 96 Third Ave.
Community Area Urban Structure and is designated
on Map 3
The property is zoned Zone (R-4-law 85-1.
The applicant is requesting consent to create one new lot and retain one lot equal in size. To facilitate
the redevelopment of the subject lands the applicant is proposing to demolish the existing single
detached dwelling on the property and replace it with a semi-detached dwelling so that each half is
able to be conveyed and dealt with independently.
The severed land will have a width of 7.82 metres, a depth of 39.85 metresand an area of 312
square metres. The retained land will have a width of 7.82 metres, a depth of 39.85 metres and an
area of 312 square metres.
City Planning staff conducted a site inspection of the property on April 1, 2022.
Figure 3: Severance Sketch of two lots
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and semi-detached dwellings that are
compatible with the surrounding community and will make use of the existing infrastructure. No new
public roads would be required for the proposed development. Planning staff is of the opinion that
this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to high order transit and
the subject lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP i
Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking-water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Community Area Urban Structure and is designated
Low Rise Residential Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law,
or a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f)municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h)
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum R- zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application.
Planning staff is of the opinion that the proposed severance conforms with the City of Kitchener
Official Plan.
Zoning By-law 85-1/2019-051
The subject property is zoned as Residential Four Zone (R-4) in Zoning By-law 85-1. The R- zone
permits a range of low density dwelling types such as semi-detached dwellings. The R- Zone
requires a minimum lot width of 7.5 metres and minimum lot area of 235 square metres for semi-
detached dwellings. The proposed lot widths and lot areas of the proposed severed and retained
lots exceed the minimum R- zone lot width and lot area requirements.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the Planning Act,
R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are desirable and
appropriate. The uses of both the severed and retained p
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. There are existing schools within the neighbourhood. Staff is further of the opinion that
the proposal is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and in the
public interest.
Environmental Planning Comments:
There are existing trees on and adjacent to the property. It is recommended that the standard
condition be applied for a tree management plan.
Heritage Planning Comments:
No Heritage Planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services (DGSSMS)
allows only one service per lot. Separate building permit(s) will be required for the demolition of the
existing building, as well as construction of the new residential buildings.
Engineering Division Comments:
No Engineering comments were received at the time of finalizing this staff report. Accordingly,
Planning Staff recommends that the standard Engineering comments for the creation of a new lot,
as noted below, be applied.
That the Owner provides a servicing plan showing outlets to the municipal servicing system to the
satisfaction of the Director of Engineering Services Division.
A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.) with
corresponding layer names and asset information to the satisfaction of
Services Division prior to deed endorsement.
That the Owner makes 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.
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 Services.
Parks/Operations Division Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as one new
development lot will be created. The cash-in-lieu dedication required is $3597.20. Park Dedication
is calculated at 5% of the new development lots only, with a land valuation calculated by the lineal
frontage of 7.82m at a land value of $9,200 per frontage meter.
A City-owned tree will be impacted by the proposed development and the owner shall fulfill one of
the following three requirements:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the
following:
a. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the severed
and retained lands, to th
plan shall include, among other matters, the identification of a proposed building
envelope/work zone, landscaped area and vegetation to be preserved. No changes to
the said plan shall be grant
& Cemeteries.
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any
grading, servicing, tree removal or the issuance of building permits, to the satisfaction of
the C
c. The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Protection and Enhancement Plan, for the life the development.
OR
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor
and registered on title of the severed and retained lands, which shall include the
following:
iii) That the owner shall prepare a Street Tree Planting Plan that shows the replacement of
the City-owned tree to be removed (located adjacent to the severed and retained lands)
with 2 suitable trees, in accordance with the City of Kitchener Development Manual
the said plan shall be granted except with
& Cemeteries.
iv)The owner shall implement the approved Street Tree Planting Plan, to the satisfaction
OR
3. Make arrangements regarding financial compensation for the tree to be removed, to the
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management Plan policies
implemented by the Region of Waterloo may apply. The owner/applicant must complete the
questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 300 metres (approximately 214
metres) of Provincial Highway 7/8 and will have impacts from transportation noise sources in the
vicinity. It is the responsibility of the applicant to ensure the proposed development is not adversely
affected by anticipated transportation (traffic) noise impacts. Regional Official Plan (ROP) Policy
2.G.13 indicates that a noise study may be required for a development application for a sensitive
land use submitted in the vicinity of an Existing or Planned Regional Road, Provincial Highway, the
rapid transit system, transit terminals, railways or Area Municipal roads. In order for this consent
application to conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Provincial Highway,
Regional staff require that the owner/applicant of the units on all (retained and severed) lots will be
required to enter into a registered agreement with the City of Kitchener to include the following
noise mitigation and warning clauses in all Offers of Purchase and Sale, lease/rental agreements:
a) The dwelling unit will be installed with an air-ducted heating and ventilation system suitably
sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale,
deeds and lease/rental agreements:
i. Type A
traffic on King Street Bypass / Conestoga Parkway / Highway 7/8 may on occasions
interfere with some activities of the dwelling occupants as the sound levels exceed the
sound level limits of the Region of Waterloo and the Ministry of the Environment,
ii. Type C -
the provision of adding central air conditioning at th
of central air conditioning by the occupant in low and medium density developments will
allow windows and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limitsof the Region of Waterloo and the Ministry
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59 notice.
3) That prior to final approval, an agreement between the owner/applicant and the City of
Kitchener, to the satisfaction of the Region of Waterloo, must be registered on title for both
the retained and severed lands that includes the requirement for the following noise
mitigation and warning clauses in all agreements of Offers of Purchase and Sale,
lease/rental agreements:
a) The dwelling units will be installed with an air-ducted heating and ventilation system
suitably sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale,
deeds and lease/rental agreements:
i. Type A
road traffic on King Street Bypass / Conestoga Parkway / Highway 7/8 may on
occasions interfere with some activities of the dwelling occupants as the sound
levels exceed the sound level limits of the Region of Waterloo and the Ministry of
ii. Type C -
designed with the provision of adding central air conditioning at the occup
discretion. Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Region of Waterloo and the Ministry of the Environment Conservation
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
Peter Ellis
519-503-2536
D20-20/22 KIT
April 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-029 and B2022-030
Committee of Adjustment Hearing April 19, 2022
CITY OF KITCHENER
B2022-029
96 Third Avenue
J and O Vukovich, M. Ljubomir (Owners) / Mackenzie Streutker (Van Harten
Surveying Inc. - Applicant)
The owner/applicant is proposing to sever the existing lot into two properties, demolish
the existing dwelling and build a semi-detached duplex building
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 300 metres (approximately
214 metres) of Provincial Highway 7/8 and will have impacts from transportation noise
sources in the vicinity. It is the responsibility of the applicant to ensure the proposed
development is not adversely affected by anticipated transportation (traffic) noise
Document Number: 4003483
impacts. Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be
required for a development application for a sensitive land use submitted in the vicinity
of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system,
transit terminals, railways or Area Municipal roads. In order for this consent application
to conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Provincial
Highway, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the City of
Kitchener to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements:
a) The dwelling unit will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway / Highway
7/8 may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
ii. Type C - een
designed with the provision of adding central air conditioning at the
low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
Document Number: 4003483
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway /
Highway 7/8 may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo and the Ministry of the Environment,
Conservation and
ii. Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
___________________
B2022-030
50 Florence Avenue
2741275 Ontario Inc. (Owners) / Khaled Berbash (Can-Connect Developments Inc.
Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to construct
two new single detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
Document Number: 4003483
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 200 metres (approximately
90 metres) of Weber Street East / King Street East and Kingsway Drive and will have
impacts from transportation noise sources in the vicinity. It is the responsibility of the
applicant to ensure the proposed development is not adversely affected by anticipated
transportation (traffic) noise impacts. Staff also note that there are some commercial
land uses in the vicinity that may contribute additional noise impacts on occasions.
Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be required
for a development application for a sensitive land use submitted in the vicinity of an
Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit
terminals, railways or Area Municipal roads. In order for this consent application to
conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Regional
Road, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the Region of
Waterloo to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements:
a) The dwelling unit(s) will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on Weber Street East / King Street East / Kingsway Drive
and from some commercial land uses in the vicinity may on occasions interfere
with some activities of the dwelling occupants as the sound levels exceed the
sound level limits of the Region of Waterloo and the Ministry of the
ii. Type C -
designed with the provi
discretion. Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Region of Waterloo and the Ministry of the Environment
Document Number: 4003483
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo, must be registered on title for both the retained and severed
lands that includes the requirement for the following noise mitigation and warning
clauses in all agreements of Offers of Purchase and Sale, lease/rental
agreements:
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on Weber Street East / King Street East / Kingsway
Drive and from some commercial land uses in the vicinity may on
occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and
ii. Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Region of Waterloo and the
_______________
Document Number: 4003483
General Comments
Any future development on the lands subject to the above-noted consent application 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,
Peter Ellis, MES
Principal Planner
Document Number: 4003483
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: April 7, 2022
REPORT NO.: DSD-2022-170
SUBJECT: Consent Application B2022-030
Address - 50 Florence Ave
Owners - 27412745 Ontario Ltd
Applicant - K. M. Berbash
RECOMMENDATION:
That Consent Application B2022-030 requesting consent to sever a parcel of land having a
lot width of 15 metres, a lot depth of 25.60 metres and a lot area of 386.49 square metres, BE
APPROVED, subject to the following conditions:
1. That
for the Certificate of Official to the satisfaction of the Secretary-Treasurer and City
Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that
there are no outstanding taxes on the subject property(ies) to the satisfaction of
3. That the owner provides a digital file of the deposited reference plan(s) prepared by
an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn (Microstation)
format, as well as two full size paper copies of the plan(s). The digital file needs to
be submitted according to the City of Kitchener's Digital Submission Standards to
ing Technologist.
4.
Demolition Control By-law, to the satisfaction of the Manager of Development
Review.
5. That the Owner obtains a Demolition Permit, for the existing single detached dwelling
proposed to be demolished, to the satisfaction of the Chief Building Official, and
removes the existing dwelling prior to deed endorsement.
6. That the Owner provides a servicing plan showing outlets to the municipal servicing
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
system to the satisfaction of the Director of Engineering Services Division.
7. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing,
SWM etc.) with corresponding layer names and asset information to the
8. That the Owner makes 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.
9.
Engineering Services Division.
10. 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 Services.
11. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication equal to $5520.00 of the value of the lands to be severed.
12. That the Owner shall enter into an agreement with the City of Kitchener to be prepared
by the City Solicitor and registered on title of the severed and retained lands which
shall include the following:
a) That the Owner shall prepare a Tree Preservation/Enhancement Plan for the
necessary, implemented prior to any grading, tree removal or the issuance of
demolition and 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.
b) The Owner further agrees to implement the approved plan. No changes to the
said plan shall be
Supervisor, Site Plans.
c) The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life of the
development.
13. That the Owner shall fulfil one of the following three requirements to ensure that any
City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
i) That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
severed and retained lands, to the
Cemeteries. Said plan shall include, among other matters, the identification of
a proposed building envelope/work zone, landscaped area and vegetation to
be preserved. No changes to the said plan shall be granted except with the
ii) The owner shall implement the Tree Protection and Enhancement Plan, prior
to any grading, servicing, tree removal or the issuance of building permits, to
the satisfaction of the Ci
iii) The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life of the
development.
b) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
i) That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed (located adjacent to the
severed and retained lands) with 2 suitable trees, in accordance with the
City of Kitchener Development Manual Standards, to the satisfaction of the
granted except with
Cemeteries.
ii) The owner shall implement the approved Street Tree Planting Plan, to the
c) Make arrangements regarding financial compensation for the tree to be
14. That prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
15. That prior to final approval, the owner/applicant must submit a valid Section 59
Notice to the satisfaction of the Region of Waterloo.
16. That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo, must be registered on title for both the retained and severed
lands that includes the requirement for the following noise mitigation and warning
clauses in all agreements of Offers of Purchase and Sale, lease/rental agreements:
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i) Type A
increasing road traffic on Weber Street East / King Street East / Kingsway
Drive and from some commercial land uses in the vicinity may on
occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and
ii) Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
REPORT HIGHLIGHTS:
The applicant is requesting to create one new lot and retain one lot equal in size to be used for
future residential dwellings.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the intersection of Florence Avenue and Huber Street. The
property is square in shape. The existing development of the neighbourhood consists of a mix of
single detached dwellings, semi-detached dwellings, and multiple dwellings. Lot sizes vary in width,
depth, and area in this neighborhood.
City Planning staff conducted a site inspection of the property on April 4, 2022.
Figure 1 - Location Map: 50 Florence Avenue
Figure 2 - Existing single detached dwelling at 50 Florence (Google)
The subject property is identified as Community Area on Map 2 Urban Structure and is designated
Low Rise Residential on Map 3
The property is zoned as Residential Four Zone (R- in Zoning By-law 85-1.
The applicant is requesting consent to create one new corner lot and an interior lot. To facilitate the
redevelopment of the subject lands the applicant is proposing to demolish the existing single
detached dwelling on the property and replace it with single detached dwellings on each of the
severed and retained lands.
The severed lot would have a lot width of 15.0 metres, a lot depth of 25.6 metres and a lot area of
386.4 square metres, while the retained lot would have a lot width of 10.6 metres, a lot depth of 25.6
metres and a lot area of 272.2 square metres.
Figure 3 - Proposed Lot Fabric
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and regulations,
Planning staff offer the following comments:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. Section 1.4.3(b) of the PPS promotes all types of
residential intensification, and sets out a policy framework for sustainable healthy, liveable and safe
communities. The PPS promotes efficient development and land use patterns, as well as
accommodating an appropriate mix of affordable and market-based residential dwelling types with
other land uses, while supporting the environment, public health and safety. Provincial policies
promote the integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and servicing costs.
Planning staff is of the opinion that the proposed application will facilitate a form of gentle
intensification of the subject property with the creations of lots and future single detached dwellings
that are compatible with the surrounding community and will make use of the existing infrastructure.
No new public roads would be required for the proposed development. Planning staff is of the opinion
that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan):
The Growth Plan supports the development of complete and compact communities that are designed
to support healthy and active living, make efficient use of land and infrastructure, provide for a range
and mix of housing types, jobs, and services, at densities and in locations which support transit
viability and active transportation. The subject lands are in close proximity to transit and the subject
lands are in closer proximity to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the minimum
intensification and targets in this plan by identifying a diverse range and mix of housing options and
densities, including additional residential units and affordable housing to meet projected needs of
current and future residents.
The subject lands are located within the Cit
targets. The severance application will help make efficient use of existing infrastructure, parks,
roads, trails and transit. Planning staff is of the opinion that the development proposal conforms to
the Growth Plan.
Regional Official Plan (ROP):
Urban Area. The subject lands are designated Built-Up Area in the ROP. The proposed development
conforms to Policy 2.D.1 of the ROP as this neighbourhood provides for the physical infrastructure
and community infrastructure to support the proposed residential development, including
transportation networks, municipal drinking-water supply and wastewater systems, and a broad
range of social and public health services. Regional policies require Area Municipalities to plan for a
range of housing in terms of form, tenure, density and affordability to satisfy the various physical,
social, economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Official Plan
The subject lands are designated Low Rise Residential (Map 3) in the 2014 Official Plan. The Low
Rise Residential land use designation permits a full range of low density housing types which may
include single detached dwellings, semi-detached dwellings, street townhouse dwellings, and low-
rise multiple dwellings. The Low Rise Residential land use designation encourages mixing and
integrating different forms of housing to achieve and maintain a low-rise built form. The maximum
net residential density for lands which are designated Low Rise Residential will be 30 units per
hectare.
The proposed severance is in accord with this aspect of the plan and maintains the residential land
use designation.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains
policies regarding infill development and lot creation (Consent Policies).These policies state the
following:
17.E.20.5 Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan and/or
Secondary Plan, and that the lots are in conformity with the Zoning By-law, or
a minor variance has been granted to correct any deficiencies;
b) the lots reflect the general scale and character of the established development
pattern of surrounding lands by taking into consideration lot frontages, areas,
and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with Policy
14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be necessary
for proper and orderly development; and,
h)
The proposed lot widths and lot areas of the proposed severed and retained lots exceed the
minimum R-4 zone lot width and lot area requirements and minor variances are not required.
Planning staff is of the opinion that the size, dimension and shape of the proposed lots are suitable
for the use of the lands and compatible with the surrounding neighbourhood which is developed with
single detached, semi detached and multiple dwellings with lots sizes that vary in width, depth, and
area. The lands front onto a public street and full services are available. There are no natural heritage
features that would be impacted by the proposed consent application. Planning staff is of the opinion
that the proposed severance conforms with the City of Kitchener Official Plan.
Zoning By-law
The subject property is zoned Residential Four Zone (R-4) in Zoning By-law 85-1. The R-4 zone
permits a range of low density dwelling types such as single detached dwellings. The R-4 Zone
requires a minimum lot width of 15.0 metres for corner lots and 9.0 metres for interior lots, as well
as a minimum lot area of 235 square metres for single detached dwellings. The proposed lot widths
and lot areas of the proposed severed and retained lots exceed the minimum R-4 zone lot width
and lot area requirements.
Planning Conclusions
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 lot is desirable and appropriate.
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. There are
existing schools within the neighbourhood. Staff is further of the opinion that the proposal is
consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement, conforms to
the Growth Plan for the Greater Golden Horseshoe and is good planning and in the public interest.
Building Comments:
Heritage Comments:
There are no heritage planning concerns associated with this application.
Environmental Planning Comments:
The standard Tree Management and Preservation Condition is being required for both the severed
and retained lands which requires the applicant to enter into an agreement to complete tree
preservation / enhancement plan prior to demolition permit issuance.
Transportation Services Comments:
Transportation Services does not have any concerns with the proposed application.
Engineering Comments:
No Engineering comments were received at the time of finalizing this staff report. Accordingly,
Planning Staff recommends that the standard Engineering comments for the creation of a new lot,
as noted below, be applied.
1. That the Owner provides a servicing plan showing outlets to the municipal servicing system
to the satisfaction of the Director of Engineering Services Division.
2. A Development Asset Drawing (digital AutoCAD) is required for the site (servicing, SWM etc.)
with corresponding layer names and
Engineering Services Division prior to deed endorsement.
3. That the Owner makes 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.
4.
Division.
5. 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 Services.
Parks/Operations Comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as one new development
lot will be created. The cash-in-lieu dedication required is $5520.00. Park Dedication is calculated
at 5% of the new development lots only, with a land valuation calculated by the lineal frontage of
15.00 (12.00m when credited 3m for a corner lot) when at a land value of $9,200 per frontage meter.
City-owned trees will be impacted by the proposed development and the owner shall fulfill one of the
following three requirements:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and
registered on title of the severed and retained lands, which shall include the following:
a. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to the
Cemeteries. Said plan shall include, among other matters, the identification of a
proposed building envelope/work zone, landscaped area and vegetation to be
preserved. No changes to the said plan shall be granted except with the prior approval
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to any
grading, servicing, tree removal or the issuance of building permits, to the satisfaction
c. The owner shall maintain the severed and retained lands, in accordance with the
approved Tree Protection and Enhancement Plan, for the life the development.
OR
2. Enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and
registered on title of the severed and retained lands, which shall include the following:
a. That the owner shall prepare a Street Tree Planting Plan that shows the replacement
of the City-owned tree to be removed (located adjacent to the severed and retained
lands) with 2 suitable trees, in accordance with the City of Kitchener Development
change
Director Parks & Cemeteries.
b. The owner shall implement the approved Street Tree Planting Plan, to the satisfaction
OR
3. Make arrangements regarding financial compensation for the tree to be removed, to the
Regional Comments:
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00 prior to final
approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management Plan policies
implemented by the Region of Waterloo may apply. The owner/applicant must complete the
questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 200 metres (approximately 90 metres)
of Weber Street East / King Street East and Kingsway Drive and will have impacts from
transportation noise sources in the vicinity. It is the responsibility of the applicant to ensure the
proposed development is not adversely affected by anticipated transportation (traffic) noise impacts.
Staff also note that there are some commercial land uses in the vicinity that may contribute additional
noise impacts on occasions. Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study
may be required for a development application for a sensitive land use submitted in the vicinity of an
Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit terminals,
railways or Area Municipal roads. In order for this consent application to conform to ROP policy
2.G.13, land use compatibility must be addressed. In lieu of requiring a transportation noise study,
given the primary noise source is a Regional Road, Regional staff require that the owner/applicant
of the units on all (retained and severed) lots will be required to enter into a registered agreement
with the Region of Waterloo to include the following noise mitigation and warning clauses in all Offers
of Purchase and Sale, lease/rental agreements:
a) The dwelling unit(s) will be installed with an air-ducted heating and ventilation system suitably
sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale, deeds
and lease/rental agreements:
i. Type A
traffic on Weber Street East / King Street East / Kingsway Drive and from some commercial
land uses in the vicinity may on occasions interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the Region of Waterloo and
ii. Type C -
the provi
central air conditioning by the occupant in low and medium density developments will allow
windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels
are within the sound level limits of the Region of Waterloo and the Ministry of the
The Region has no objection to the proposed application, subject to the following conditions:
2) That prior to final approval, the owner/applicant submit the Regional consent review fee of
$350.00.
3) That prior to final approval, the owner/applicant must submit a valid section 59 notice.
4) That prior to final approval, an agreement between the owner/applicant and the Region of
Waterloo, must be registered on title for both the retained and severed lands that includes
the requirement for the following noise mitigation and warning clauses in all agreements of
Offers of Purchase and Sale, lease/rental agreements:
a) The dwelling units will be installed with an air-ducted heating and ventilation system
suitably sized and designed with the provision of adding central air conditioning.
b) The following noise warning clauses will be included in all offers of purchase and sale,
deeds and lease/rental agreements:
i) Type A
road traffic on Weber Street East / King Street East / Kingsway Drive and from some
commercial land uses in the vicinity may on occasions interfere with some activities
of the dwelling occupants as the sound levels exceed the sound level limits of the
Region of Waterloo and the Ministry of the Environment, Conservation and Parks
ii) Type C - dwelling has been designed
Installation of central air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits of the Region
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
Peter Ellis
519-503-2536
D20-20/22 KIT
April 7, 2022
Sarah Goldrup
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re: Comments for Consent Applications B2022-029 and B2022-030
Committee of Adjustment Hearing April 19, 2022
CITY OF KITCHENER
B2022-029
96 Third Avenue
J and O Vukovich, M. Ljubomir (Owners) / Mackenzie Streutker (Van Harten
Surveying Inc. - Applicant)
The owner/applicant is proposing to sever the existing lot into two properties, demolish
the existing dwelling and build a semi-detached duplex building
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 300 metres (approximately
214 metres) of Provincial Highway 7/8 and will have impacts from transportation noise
sources in the vicinity. It is the responsibility of the applicant to ensure the proposed
development is not adversely affected by anticipated transportation (traffic) noise
Document Number: 4003483
impacts. Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be
required for a development application for a sensitive land use submitted in the vicinity
of an Existing or Planned Regional Road, Provincial Highway, the rapid transit system,
transit terminals, railways or Area Municipal roads. In order for this consent application
to conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Provincial
Highway, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the City of
Kitchener to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements:
a) The dwelling unit will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway / Highway
7/8 may on occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Region of Waterloo
ii. Type C - een
designed with the provision of adding central air conditioning at the
low and medium density developments will allow windows and exterior doors
to remain closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Region of Waterloo and the Ministry of the
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
City of Kitchener, to the satisfaction of the Region of Waterloo, must be
registered on title for both the retained and severed lands that includes the
requirement for the following noise mitigation and warning clauses in all
agreements of Offers of Purchase and Sale, lease/rental agreements:
Document Number: 4003483
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on King Street Bypass / Conestoga Parkway /
Highway 7/8 may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Region of Waterloo and the Ministry of the Environment,
Conservation and
ii. Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows
and exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Region of Waterloo
___________________
B2022-030
50 Florence Avenue
2741275 Ontario Inc. (Owners) / Khaled Berbash (Can-Connect Developments Inc.
Applicant)
The owner/applicant is proposing to sever the existing lot into two parcels to construct
two new single detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
prior to final approval of the consent.
Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Risk Management
Plan policies implemented by the Region of Waterloo may apply. The owner/applicant
Document Number: 4003483
must complete the questionnaire on https://taps.regionofwaterloo.ca/ to obtain a valid
Section 59 Notice.
Environmental Noise:
Regional Staff note that the subject lands are located within 200 metres (approximately
90 metres) of Weber Street East / King Street East and Kingsway Drive and will have
impacts from transportation noise sources in the vicinity. It is the responsibility of the
applicant to ensure the proposed development is not adversely affected by anticipated
transportation (traffic) noise impacts. Staff also note that there are some commercial
land uses in the vicinity that may contribute additional noise impacts on occasions.
Regional Official Plan (ROP) Policy 2.G.13 indicates that a noise study may be required
for a development application for a sensitive land use submitted in the vicinity of an
Existing or Planned Regional Road, Provincial Highway, the rapid transit system, transit
terminals, railways or Area Municipal roads. In order for this consent application to
conform to ROP policy 2.G.13, land use compatibility must be addressed. In lieu of
requiring a transportation noise study, given the primary noise source is a Regional
Road, Regional staff require that the owner/applicant of the units on all (retained and
severed) lots will be required to enter into a registered agreement with the Region of
Waterloo to include the following noise mitigation and warning clauses in all Offers of
Purchase and Sale, lease/rental agreements:
a) The dwelling unit(s) will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase and
sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on Weber Street East / King Street East / Kingsway Drive
and from some commercial land uses in the vicinity may on occasions interfere
with some activities of the dwelling occupants as the sound levels exceed the
sound level limits of the Region of Waterloo and the Ministry of the
ii. Type C -
designed with the provi
discretion. Installation of central air conditioning by the occupant in low and
medium density developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Region of Waterloo and the Ministry of the Environment
Document Number: 4003483
The Region has no objection to the proposed application, subject to the following
conditions:
1) That prior to final approval, the owner/applicant submit the Regional consent
review fee of $350.00.
2) That prior to final approval, the owner/applicant must submit a valid section 59
notice.
3) That prior to final approval, an agreement between the owner/applicant and the
Region of Waterloo, must be registered on title for both the retained and severed
lands that includes the requirement for the following noise mitigation and warning
clauses in all agreements of Offers of Purchase and Sale, lease/rental
agreements:
a) The dwelling units will be installed with an air-ducted heating and ventilation
system suitably sized and designed with the provision of adding central air
conditioning.
b) The following noise warning clauses will be included in all offers of purchase
and sale, deeds and lease/rental agreements:
i. Type A
increasing road traffic on Weber Street East / King Street East / Kingsway
Drive and from some commercial land uses in the vicinity may on
occasions interfere with some activities of the dwelling occupants as the
sound levels exceed the sound level limits of the Region of Waterloo and
ii. Type C -
designed with the provision of adding central air conditioning at the
occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Region of Waterloo and the
_______________
Document Number: 4003483
General Comments
Any future development on the lands subject to the above-noted consent application 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,
Peter Ellis, MES
Principal Planner
Document Number: 4003483
April 1, 2022 via email
GRCA File: April 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
Floor
200 King Street West, 6
Kitchener, ON N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – April 19, 2022
Applications for Minor Variance
A 2022-031 110 Florence Avenue
A 2022-033 52 Woodland Avenue
A 2022-035 99 Kehl Street
A 2022-037 234-240 Frederick Street
A 2022-038 71 Tradewinds Place
Applications for Consent
B 2022-029 96 Third Avenue
B 2022-030 50 Florence Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other
environmental features of interest to GRCA. The properties are not subject to Ontario
Regulation 150/06 and therefore a permission from GRCA is not required.
Should you have any questions, please contact the undersigned at jconroy@grandriver.ca
or 519-621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Re: Committee of Adjustment Meeting – Tuesday April 19, 2022
My husband and I are unable to attend this virtual meeting due to work commitments, but it has come
to my attention that one of the items on the list in Schedule A is of interest to me and my family. The lot
adjacent to ours, 50 Florence, is proposed to be demolished and the lot divided in order to build two
detached single dwellings. Since our yard abuts directly with this lot in the front and back yards, I have
safety concerns for my dog and for my young niece and nephew when they visit both during
construction, as well as for privacy with the expected proximity of the new finished properties to us. I
request that a privacy fence be built along the length of and within the appropriate distance allowance
from the property line, according to city bylaws, to assure safety of the occupants in my house, as well
as the associated survey/locate.
If it’s worth mentioning, my husband also works nights and has found recent neighborhood construction
to be quite disruptive to his already precarious sleep schedule during the day. We support whatever
work needs to be done in our vicinity, but respectfully request avoidance of noise disruptions as much as
possible.