HomeMy WebLinkAboutDSD-2022-436 - CC 2022-001 - 41 Ardelt Place
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 20, 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 3
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-436
SUBJECT: Change of Conditions Consent Application CC 2022-001
41 Ardelt Place
Owner: Marco Lorenti, First Ardelt Holdings
Applicant: Steve Thompson, S Thompson Development Services
RECOMMENDATION:
That Committee of Adjustment Decision B 2021-026 dated, May 18, 2021, be amended as
follows:
1. That Conditions 3, 4, 5, 6, and 8 be deleted and replaced with the following condition:
That the owner shall enter into an agreement with the City of Kitchener to be
prepared by the City Solicitor which shall acknowledge that the severed lands
are un-serviced and shall provide for the installation of services and service
connections to the severed lands to be completed prior to any future
development of the severed lands. 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 purchasers that the severed lands are un-
serviced. The said agreement shall be to the satisfaction of the Director of
Engineering and the City Solicitor and shall be registered on title to the severed
lands.
REPORT HIGHLIGHTS:
The purpose of this report is change conditions of Consent Application Decision B 2021-026.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is designated as Heavy Industrial Employment
is zoned as Heavy Industrial Zone (M-4) with Special Regulation Provision 331R in Zoning By-law
85-1. Committee of Adjustment Decision B 2021-026 recommended approval of a consent
application to sever the subject lands at 41 Ardelt Place into two lots subject to approval of 9
conditions. The owner is requesting to change the conditions of Decision B 2021-026.
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REPORT:
Planning Comments:
On May 18, 202, Decision B 2021-026 recommended approval for a consent application to sever
the subject lands at 41 Ardelt Place into two lots. The severed lot would have lot frontage along
Ardelt Place with of 21.3 metres of frontage and an area of 36,760 square metres (3.676 ha), while
the retained lot would continue to have lot frontage along Ardelt Place with 183 metres and an area
of 31,340 square metres (3.143 ha). The proposed lot widths and lot areas fully comply with the M-
4 zone lot width and lot area requirements. The owner is requesting to delete conditions 3, 4, 5, 6,
and 8 of Committee of Adjustment Decision B 2021-026, dated May 18, 2021, which are all
Engineering conditions, and proposing to replace these conditions with a condition requiring the
registration of an agreement. Engineering staff have advised the conditions can be deferred to a
future site plan process. Planning staff have no concerns with the proposed change of conditions.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed change of conditions.
Engineering Division Comments:
No Engineering concerns. Engineering staff support the removal of the requested conditions which
are being replaced with a condition for an agreement, to be registered on title, advising services are
not available for the severed lot and that all servicing requirements will be deferred to a future site
plan approval application.
Parks/Operations Division Comments:
No concerns.
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-2021-77 Report, Consent Application B2021-026
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
Attachments: Committee of Adjustment Decision B2021-026
Peter Ellis
519-503-2536
D20-20/22KIT
August 31, 2022
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Re:Comments for Consent Applications B2022-046, B2022-047, B2022-
048, B2022-049, B2022-050, B2022-051, B2022-052, B2022-053,
B2022-054, B2022-055, and B2022-041and Change of Condition
Application CC2022-001
Committee of Adjustment Hearing September 20, 2022
CITY OF KITCHENER
CC2022-001
41 Ardelt Place
M. Lorenti (First ArdeltHoldings Ltd. –Owner); S. Thompson (S Thompson
Development Services Ltd. –Agent)
The owner/applicant is proposing to change consent conditions relating to the design
and installation of services for the severed parcel from B2021-026as per discussions
with City of Kitchener Engineering Staff.
Regional Fee(Advisory Comment):
Regional Staff confirm receipt of the consent review fee for B2021-026. As a result, an
additional Regional Consent Review fee is not required for this application.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
Document Number: 4166343
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto the proposed application, subject to the following
conditions:
1)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
___________________
B2022-046
78-80 Old Chicopee Drive
Estate of Maria Kruppa(Trustee: R. Kruppa -Owner); S. Grant (Madorin, Snyder –
Agent)
The owner/applicant is proposing to sever the existing semi-detached homeinto two
distinct parcels so that the lots can be soldor dealt withindividually.
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 noobjectionto 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.
_______________
Document Number: 4166343
B2022-047
124 Walker Street
New Villa Group Inc.(Owner) / M. Courtney and D. DaCunha (Agent)
The owner/applicant is proposing to severthe existing lot into two equal parcels for the
construction of semi-detached homes.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
Notice of Source Protection Plan Compliance (Section 59 Notice):
The subject lands are located in a Source Protection Area where Grand River Source
Protection Plan policies implemented by the Region of Waterloo may apply. Per s.59 of
the Clean Water Act, 2006a Notice of Source Protection Plan Compliance is required
as part of a complete application submission.
To apply for a Notice of Source Protection Plan Compliance (Section 59 Notice) the
owner/applicant must complete the questionnaire at https://taps.regionofwaterloo.ca/
listing all applicable activities prescribed under the Clean Water Act related to the
application. A Notice will only be considered valid if the following criteria are met;
-Applicant has signed the Notice;
-Address and application type on the Notice match the rest of the application; and
-All activities related to the proposed application are listed in Schedule 1.
Invalid Notices will not be accepted, and may result in delayed approvals.
The Region has no objectionto 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 per consent application.
2)That prior to final approval, the owner/applicant must submit a valid Notice of
Source Protection Plan Compliance (section 59 notice) as perthe Clean Water
Act, 2006.
_______________________
Document Number: 4166343
B2022-048 to B2022-055
7, 9, 11, 13, 15, 21, 23, and 25 Shaded Creek Drive
Alex Sumner (Activa Holdings Inc. –Owner)/ P. Chauvin and R. Wolff (MHBC
Planning Ltd. –Agent)
The owner/applicant is proposing to create rear yard access easements for the street
fronting townhouse lots fronting on to Shaded Creek Drive, which is part of Plan of
Subdivision 30T-08203 (Stage 4), Registered Plan 58M-670.
Regional Fee:
The owner/applicant is required to submit the Regional consent review fee of $350.00
per consent application prior to final approval of the consent.
The Region has no objectionto 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 per consent application.
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
SeniorPlanner
Document Number: 4166343
September 1, 2022 via email
GRCA File:September 20,2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject
properties do not contain any 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 meat jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority