HomeMy WebLinkAboutDSD-2022-438 - B 2022-048 to 055 - 7, 9, 11, 13, 15, 21, 23 and 25 - Shaded Creek Drive
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: Tim Seyler, Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-438
SUBJECT: Consent Applications B2022-048 to 055 (inclusive)
7, 9, 11, 13, 15, 21, 23 and 25 Shaded Creek Drive
Owner: Activa Holdings Inc.
Agent: Rachel Wolff, MHBC Planning
RECOMMENDATIONS:
7 Shaded Creek Drive
That Consent Application B2022-048 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 95 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
9 Shaded Creek Drive
That Consent Application B2022-049 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 96 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
11 Shaded Creek Drive
That Consent Application B2022-050 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 97 and 98 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
in c
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
13 Shaded Creek Drive
That Consent Application B2022-051 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 99 and 100 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
or, Development Applications:
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
15 Shaded Creek Drive
That Consent Application B2022-052 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 101 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. dertaking, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
Stand
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
21 Shaded Creek Drive
That Consent Application B2022-053 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 102 and 103 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
Mapping Technologist.
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
23 Shaded Creek Drive
That Consent Application B2022-054 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Parts 104 and 105 on
Reference Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. That a satisfactory Solic, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
25 Shaded Creek Drive
That Consent Application B2022-055 requesting consent to create a 0.9 metre wide easement
for access to the rear yard of a townhouse dwelling unit, as shown as Part 106 on Reference
Plan 58R-21143, BE APPROVED subject to the following conditions:
1. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City Solicitor
a) a clear and specific description of the purpose of the Easement(s) and of the rights
and privileges being granted therein (including detailed terms and/or conditions of
any required maintenance, liability and/or cost sharing provisions related thereto);
and
b) a clause/statement/wording confirming that the Easement(s) being granted shall be
maintained and registered on title in perpetuity and shall not be amended, released
or otherwise dealt with without the express written consent of the City.
2. , to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City Solicitor,
be provided to the City Solicitor.
3. That the property 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
Mapping Technologist.
4. That, prior to final approval, the applicant submits the Consent Application Review Fee
of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to provide a recommendation for the approval of the request to
create 0.9 metre rear yard access easements for proposed street fronting townhouse units.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
Location Map 7, 9, 11, 13, 15, 21, 23 and 25 Shaded Creek Drive
View of subject properties
The subject properties are located at 7, 9, 11, 13, 15, 21, 23 and 25 Shaded Creek Drive, in close
proximity to the intersection of Stauffer Woods Trail and New Dundee Road.
The subject properties are Community Areas Urban Structure and are
Low Rise Residential
The properties are Residential Six Zone (R-6with Special Regulation Provisions 685R,
687R, 689R in Zoning By-law 85-1-
Site-Specific Provisions 306, 308 and 310 in Zoning By-law 2019-051, which is currently
under appeal.
The purpose of the application is to create 0.9 metre wide easements for access to the rear yard of
the street fronting townhouse dwelling units addressed as 7, 9, 11, 13, 15, 21, 23 and 25 Shaded
Creek Drive.
Proposed Easements Plan 58R-21143
REPORT:
Planning Comments:
The applicant is requesting consent to create a total of 8 easements to allow for rear yard access for
interior townhouse dwelling units. The proposed easements measure 0.9 metres in width and vary
in length and depth according to the varying lot sizes and the locations of the easements.
Staff does not have any concerns with the applications as the easements are required by the Zoning
By-law. 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 theeasements areconsidered good
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
The Building Division has no objections to the proposed consents.
Engineering Division Comments:
Engineering Division has no comments.
Parks/Operations Division Comments:
No requirements - creation of a 0.9m rear yard access easements. Parkland Dedication has been
taken through Draft Plan of Subdivision Application 30T-08203 and easements anticipated through
Site Plan Application SP22/096/S/TS.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
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 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 per consent 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
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 (ROP)
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
DSD-2022-352
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