HomeMy WebLinkAboutDSD-2024-236 - 500 Stauffer Dr - A 2024-043 & B 2024-009
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 21, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Craig, Dumart, Senior Planner, 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 4
DATE OF REPORT: May 8, 2024
REPORT NO.: DSD-2024-236
SUBJECT: Minor Variance Application A2024-043 500 Stauffer Drive
Consent Application B2024-009 500 Stauffer Drive
RECOMMENDATION:
Minor Variance Application A2024-043
A. That Minor Variance Application A2024-043 for 500 Stauffer Drive requesting
relief from Section 14.3, Table 14-2, of Zoning By-law 2019-051 to permit a lot
width of 141.5 metres, to facilitate the severance of a parcel of land for a sanity
servicing corridor, in accordance with Consent Application B2023-009, BE
APPROVED.
Consent Application B2024-009
B. That Consent Application B2024-009 requesting consent to sever a parcel of land
having a lot width of 141.5 metres, a lot depth of 39.2, metres and a lot area of
2,080 square metres, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2024-043 receive final approval.
2.
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. That the Owner shall obtain a tax certificate from the City of Kitchener to
verify that there are no outstanding taxes on the subject property(ies) to the
4. That the owner provides a digital file of the deposited reference plan(s)
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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 th
Mapping Technologist.
5. That the Owner/Applicant submit a S. 59 Notice in accordance with the Clean
Water Act and Waterloo Region policies.
6. That the Owner/Applicant submit the completed Archaeological Assessment
Report and Ministry Acknowledgement Letter to the satisfaction of the Region
of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to create a new
parcel of land to be used as a servicing block to facilitate the future sanitary servicing
of lands on the west side of Strasburg Road. The approved re-alignment of the
Strasburg Road extension has resulted in Activa Holdings requiring a parcel of land to
service their lands to the west side of Strasburg Road. A minor variance application is
required to legalize the lot width of the severed parcel.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is a large vacant parcel of land with frontage along Caryndale Drive
and Stauffer Drive. The subject property will have frontage along Strasburg Road once the
Strasburg Road extension is constructed and completed (estimated completion 2026).
The subject property at 500 Stauffer Drive along with the lands to west of Strasburg Road
(recently purchased by Activa) Road was divided into two parcels by the Strasburg Road
Extension. Since the two parcels were divided by the Strasburg Road extension, the
Strasburg Road extension has been realigned which has resulted in Activa requiring a
parcel of land from 500 Stauffer Drive to service their lands to the west side of Strasburg
Road.
Figure 1: Location map- 500 Stauffer Drive
Figure 2: Existing site conditions at 500 Stauffer Drive
Figure 3: Severance Sketch
Land Use
Future Use Zone (FTR-1) with Site Specific Provision
Zoning By-law 2019-051.
The purpose of the application is to create a sanitary servicing block (Block 2) that is to be
conveyed to Activa Holdings Inc. to facilitate the future sanitary servicing of lands on the
west side of Strasburg Road, which severed parcel Activa is purchasing from the owners
of 500 Stauffer Drive (Block 1). A minor variance application is required to legalize the lot
width of the severed parcel.
The severed lot would have a lot frontage of 141.5 metres and an area of 2,080 square
metres, while the retained lot would have a lot frontage of 715 metres, and an area of
394,320 square metres.
REPORT:
Planning Comments Minor Variance Application A2024-043:
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 Low Rise Residential and Rural in the City of
-Rise Residential land use designation is to
permit a variety of low-density residential uses while the Rural land use designation allows
for agricultural and existing residential uses. The use the subject lands is not proposed to
change and the variance will facilitate the creation of a block for sanitary servicing. The
proposed consent and associated minor variance will provide infrastructure, municipal
services and utilities in a coordinated, efficient and cost-
current and projected needs (City of Kitchener Official Plan 14.1.1) and will promote cost-
effective development patterns and standards to assist in minimizing servicing costs (City
of Kitchener Official Plan 14.1.3). Planning staff is of the opinion that the requested variance
General Intent of the Zoning By-law
The subject lands are zoned FRT-1 Zone with site-specific Provision (227) in Zoning By-
law 2019-051. The purpose of this zone is to permit existing uses until such time as a
future development application can ensure the orderly development of land. The permitted
lot width in this zone is the existing lot width. The proposed consent and associated
variance will allow the creation a new parcel of land to that will be used as a sanitary
servicing block to service lands to the west of Strasburg Road. Staff are the opinion the
proposed variance to allow for a lot width of 145.1 metres meets the intent of the Zoning
By-law as no redevelopment is proposed or permitted at this time and the future
development of the subject lands will be reviewed and approved through Plan of
Subdivision, Official Plan Amendment and Zoning By-law Amendment Applications.
Is the Effects of the Variance Minor?
The requested variance is minor in nature. Staff is of the opinion that the requested lot width
for future sanitary servicing block will not negatively impact any of the adjacent properties or
surrounding neighbourhood.
Is the Variance Desirable For The Appropriate Development or Use of the Land?
The variance is desirable and appropriate as it will facilitate the conveyance of Block 2
from 500 Stauffer Drive and allow for sanitary servicing and for the future development
and use of the lands on the west side of Strasburg Road.
Planning Comments Consent Application B2024-009:
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. Planning staff is of the opinion that the size, dimension and
shape of the proposed lots are suitable for the use of the lands and compatible with the
surrounding community.
The future development and servicing of the subject lands will be reviewed and approved
in accordance with the applicable provincial, regional and municipal policies.
Environmental Planning Comments:
Environmental Planning staff have no objections to the proposed minor variance and
consent applications.
Heritage Planning Comments:
The subject property is designated under Part IV of the Ontario Heritage Act. Designating
By-law No. 2013-026 provides a description of the property, a statement of cultural
heritage value or interest and a list of heritage attributes. Both the severed and retained
lands will continue to be designated under Part IV of the Ontario Heritage Act. Currently,
Heritage Planning staff have no concerns with the proposed severance and minor
variances. Potential adverse/negative impacts to the Part IV designation will require
evaluation as part of future applications under the Planning Act for the subject property
and lands that are adjacent to the subject property.
Building Division Comments:
The Building Division has no objections to the proposed minor variance and consent
applications.
Engineering Division Comments:
The Engineering Division has no objections to the proposed minor variance and consent
applications.
Parks/Operations Division Comments:
Parks/Operations staff have no objections to the proposed minor variance and consent
applications.
Transportation Planning Comments:
Transportation staff have no objections to the proposed minor variance and consent
applications.
Region of Waterloo Comments:
Regional Staff has no objection to the consent application subject to the following
conditions:
1. That as a condition of approval the Owner/Applicant submit a S. 59 Notice in
accordance with the Clean Water Act and Waterloo Region policies.
2. That as a condition of approval the Owner/Applicant submit the completed
Archaeological Assessment Report and Ministry Acknowledgement Letter to the
satisfaction of the Region of Waterloo.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget Therecommendation 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
Planning 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 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
Attachment A Proposed Severance Sketch
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/24 KIT
May 6, 2024
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications - B 2024-008, B 2024-009
st
Committee of Adjustment Hearing May 21, 2024
City of Kitchener
Please accept the following comments for the above-noted Consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Document Number: 4670023
B 2024-008
B7-7 Upper Mercer St
Owner –Penny Reitzel; Applicant –Jeff Reitzel
The owner/applicant proposes consent to sever in order to correct an accidental merger
of title in 2010 (townhome/condominium units 6 and 7).
Regional Fee:
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source
Water Protection Plan Compliance issued under S. 59(2) is required by the Region.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the required consent review fee of $350 to the
Regional Municipality of Waterloo.
2. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Version: 1
B 2024-009
500 Stauffer Dr
Parts 1 & 2, Plan 58R20312, Parts 3,4 & 5, Plan 58R-5762 and Part of Lot 9, Biehn's
Tract, City of Kitchener,
Owner: Activa Holdings Inc. / Agent: MHBC (Pierre Chauvin)
The owner/applicant proposes consent to sever for a portion of the subject lands (6.3ha
of 46ha), in order to create a sanitary servicing block that is to be conveyed to Activa
Holdings Inc for future sanitary servicing of lands west of Strasburg Rd (extension of
proposed truck sanitary sewer from Sunvest-Reid subdivision). A minor variance is
required to facilitate the severance, recognizing the deficient lot width given the
irregularly shaped parcel.
Archaeological Assessment
Regional Staff note the subject property of 500 Stauffer Dr possesses the potential for
the recovery of archaeological resources due to its location on a historic landform,
having a historic building on the property, proximity to a known archaeological resource
located both within the property and within the vicinity of the property. The entire
property is considered a potential heritage area of interest, and the building itself is an
1850’s OHA Designated Part IV site. There is also a registered find spot on the site.
In accordance with Regional Official Plan Policy 3.G.9, the owner/applicant is required
to have a licensed Archaeologist complete an Archeological Assessment of the subject
property. The owner/applicant must submit the Archaeological Assessment to the
Ministry of Citizenship and Multiculturalism, and once reviewed and accepted, provide a
copy of the Ministry’s Acknowledgement Letter and the Assessment Report to the
satisfaction of the Region of Waterloo. The completed Archaeological Assessment and
Ministry Acknowledgement will be required as a condition of approval for consent.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source
Water Protection Plan Compliance issued under S. 59(2) is required by the Region.
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1.That as a condition of approval the Owner/Applicant submit a S. 59 Notice in
accordance with the Clean Water Act and Waterloo Region policies.
2. That as a condition of approval the Owner/Applicant submit the completed
Archaeological Assessment Report and Ministry Acknowledgement Letter to the
satisfaction of the Region of Waterloo.
Version: 1
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law 23-062. If any other applications are required to facilitate the
application, note that fees are subject to change and additional requirements may apply.
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances.
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.
Thank you,
Erica Ali
Erica Ali
Planner, Community Planning
Version: 1
May 2, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK
Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD
HOMES LTD
(4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO
CATHOLIC DISTRICT SCHOOL BOARD
(10) 58 KIT / 125 SEABROOK DRIVE BUILT BY
ENGINEERS CONSTRUCTION INC
Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 033 1955 Fischer Hallman Road No concerns.
2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above
application. However, the applicants are advised that there would be impacts from
road noise & railway noise/vibration to the existing and the proposed
dwellings/building. The applicants are responsible for ensuring no environmental
noise impacts from/on the proposed development.
3) A 2024 - 035 42 Hazelglen Drive No concerns.
4) A 2024 - 036 50 Confederation Drive No concerns.
5) A 2024 - 037 67 Blucher Street No concerns.
6) A 2024 - 038 32 Montana Crescent There are no conditions for the above
application. However, the applicants are advised that there would be impacts from
road noise from Highland Road West to the existing and proposed
dwellings/buildings. The applicants are responsible for ensuring no environmental
noise impacts from/on the proposed development.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ
tğŭĻ Њ ƚŅ Ћ
7)A 2024 -039114 BrandonAvenueNo concerns.
8) A 2024 - 040 39 Turner Avenue No concerns.
9) A 2024 - 041 133 Max Becker Drive No concerns.
10) A 2024 - 042 125 Seabrook Drive No concerns.
11) A 2024 - 043 500 Stauffer Drive No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require 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. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Mariah Blake, City of Kitchener
CofA@Kitchener.ca
2
May 6, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMariahBlake,
Re:Committee of Adjustment Meeting May 21, 2024
Applications for Minor Variance
A 2024-0331955 Fischer Hallman Road
A 2024-034215 Morgan Avenue
A 2024-03542 Hazelglen Drive
A 2024-03650 Confederation Drive
A 2024-03767Blucher Street
A 2024-03832 Montana Crescent
A 2024-039114 Brandon Avenue
A 2024-04039 Turner Avenue
A 2024-041133 Max Becker Drive
A 2024-042125 Seabrook Drive
Applicationfor Consent
B 2024-0087Upper Mercer Street, Units B6 & B7
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 natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Niall Melanson
To:Christine Kompter; Tina Malone-Wright; Committee of Adjustment (SM)
Subject:May 2024 Committee of Adjustment Engineering Comments
Date:Wednesday, May 1, 2024 10:22:05 AM
Hi Christine and Tina,
Below are Engineering’s comments for the May 2024 Committee of Adjustment applications. Please
let me know if you have any questions.
A 2024-033 - 1955 Fischer Hallman Rd
No comment
A 2024-034 - 215 Morgan Ave
No comment
A 2024-035 - 42 Hazelglen Dr
No comment
A 2024-036 - 50 Confederation Dr
No comment
A 2024-037 - 67 Blucher St
No comment
A 2024-038 - 32 Montana Cres
No comment
A 2024-039 - 114 Brandon Ave
No comment
A 2024-040 - 39 Turner Ave
No comment
A 2024-041 - 133 Max Becker Dr
No comment
A 2024-042 - 125 Seabrook Dr
No comment
A 2024-043 - 500 Stauffer Dr
No comment
B 2024-008 - B7-7 Upper Mercer St
Severance is taking place within Waterloo Common Elements Condominium Plan #468 known
as 7 Upper Mercer St. Municipal servicing runs into the private site. No additional servicing
required.
B 2024-009- 500 Stauffer Dr
Future servicing needs for the severed lands will be determined through detailed design.
Thank you
Niall Melanson, C.E.T.
Project Manager, Development Engineering, City of Kitchener
niall.melanson@kitchener.ca, 519-741-2200 x 7133
200 King St. W., Kitchener, ON N2G 4G7