HomeMy WebLinkAboutDSD-2024-270 - 578 Guelph Street - B 2024-010
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 18, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
Ben Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: June 5, 2024
REPORT NO. DSD-2024-270
SUBJECT: Consent Application B2024-010 578 Guelph Street
RECOMMENDATION:
That Consent Application B2024-010 requesting consent to sever a parcel of land
having a lot width of 9.1 metres, a lot depth of 36.5 metres and a lot area of 334.5
square metres, BE APPROVED subject to the following conditions:
1. That the Oprovide draft transfer documents and associated
fees 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
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
4. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
5. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset
information
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 Owner makes 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.
7. That any new driveways are to be built to City of Kitchener standards at the
ector of Engineering Services.
8. That the Owner provides confirmation that the basement elevation can be drained
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer
Engineering Services.
9. The Owner shall implement a suitable design solution for a sump pump outlet to
the satisfaction of the Director of Engineering Services.
10. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
11. That the Owner shall fulfil one of the following requirements to ensure that any
City-owned tree(s) 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 owner shall prepare a Tree Preservation and Enhancement Plan, in
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
other matters, the identification of a proposed building envelope/work zone,
a landscaped area and the vegetation to be preserved. No changes to the
Director, Parks and Cemeteries.
ii) The 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) The 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) Make arrangements regarding financial compensation for the tree to be
12. That the Owner obtains Demolition Control Approval, in accordance with the
-
Development and Housing Approvals.
13. 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.
14.
Approvals, the 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
the following:
a) That prior to any grading, servicing or the application or issuance of a
demolition or building permit, the owner shall submit a plan, prepared by a
qualified consultant, Manager,
Site Plans showing:
(i) the proposed location of all buildings (including accessory buildings
and structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed or
relocated;
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially
impacted on or adjacent to the subject lands, including notations of
their size, species and condition;
(v) justification for any trees to be removed; and
(vi) outline tree protection measures for trees to be preserved; and
(vii) building elevation drawings.
(viii) If necessary, the plan shall include required mitigation and or
compensation measures.
(ix) That the approved elevation drawings shall be implemented as
approved or be substantively similar to the approved elevations as
part of issuance of any building permit(s).
b) Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any building permits shall be in
compliance with the approved plan. Any changes or revisions to the plan
Manager, Site Plans.
15. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The applicant is requesting consent to create one new lot and retain one lot equal in
size, eachproposedfora future duplex dwelling.
There are nofinancial 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 located within close proximity tothe intersectionof Guelph Street
and St.Leger Street, in theFairfield neighborhood,and isdirectly north of the Mount Hope
Huron Park neighbourhood. The neighbourhood is comprised of a mix of low and mid-rise
residential uses, and commercial/retail uses.
Figure 1: Location Map 578 Guelph Street
Urban Structure and is
Land Use
FourZone (RES-4-law 2019-
051.
The applicant is requesting consent to create one new lot and one retained 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 withatwo-
storey duplex dwelling on each of the severed and retained lands.
The severed lot would have a lot width of 9.1 metres, a lot depth of 36.5 metres and an
area of 334.5 square metres, while the retained lot would also have a lot width of 9.1
metres, a lot depth of 36.5 metres and an area of 334.5 square metres.
Figure 2: Proposed Lot Fabric.
Figure 3: Front and Rear Elevations.
Figure 4: Right Elevation.
Figure 5: Left Elevation.
Planning staff conducted a site visit on June 3, 2024.
Figure 6: Existing Single Dwelling at 578 Guelph Street.
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 creation of two new lots for a future single
duplexdwellingsthat arecompatible with the surrounding community and will make use of
the existing infrastructure. No new public roads would be required for the proposed
development. Therefore, Staff are 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 transit, trails and parks.
Policy 2.2.6.1(a) states that Municipalities will support housing choice through the
achievement of the minimum intensification 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 proposed development represents intensification and will contribute towards achieving
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
within the 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 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.
:
Urban Structure and is
4 Official Plan.
The proposed severance is in conformity 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:
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 lot(s) will not restrict the ultimate development of adjacent
The proposed lot widths and lot areas of the proposed severed and retained lots comply
with -4
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 low rise residential uses with lot sizes that vary in
width, depth, and area. The subject 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 2019-051:
our Zone (RES-4-law 2019-
-4low-rise residential dwelling types including
single detached, semi-detached and -4
minimum lot width of 9.0 metres and a minimum lot area of 235 square metres for
detached dwelling units.
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 parcels are in
-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:
Environmental Planning has provided the following comments:
1. No natural heritage issues.
2. Standard tree management condition requiring applicant to enter into an agreement to
complete a Tree Preservation/Enhancement Plan prior to demolition, building permit
etc. The study will likely be very scoped due to the general lack of tree cover
on/adjacent to property.
Heritage Planning Comments:
Heritage Planning have no concerns with this application.
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:
Engineering has provided the following comments:
Severance of any blocks within the subject lands will require separate, individual service
connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of any new service connections that may be required to
service this property, all prior to severance approval. Our records indicate municipal
services are currently available to service this property. Any further enquiries in this
regard should be directed to jason.brule@kitchener.ca.
Any new driveways are to be built to City of Kitchener standards. All works are at the
A servicing plan showing outlets to the municipal servicing system will be required to the
satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the satisfaction
of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not allow
for gravity drainage to the existing municipal sanitary system, the owner will have to
pump the sewage to achieve gravity drainage from the property line to the municipal
sanitary sewer in the right of way.
The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
Grand River Conservation Authority:
GRCA has no concerns with this application.
Parks/Operations Division Comments:
Parks/ Operations has provided the following comments:
Cash-in-lieu of park land dedication will be required on the severed parcel as 1 new
development lot will be created. The cash-in-lieu dedication required is $11,862.00. Park
Dedication is calculated at 5% of the new development lot only, with a land valuation
calculated by the lineal frontage of 9.93 m at a land value of $36,080.00 per frontage
meter with a per unit cap of $11,862.00.
A City-owned tree will be impacted by the proposed development and the owner shall fulfill
one of the following options:
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
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
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. Make arrangements regarding financial compensation for the tree(s) to be removed, to
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
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.
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.
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-
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
May 29, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST
Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP
Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 044 160 Webster Road No concerns.
2) A 2024 - 045 3 Ivy Lane Court No concerns.
3) A 2024 - 046 59 Cartier Drive No concerns.
4) A 2024 - 047 948 Chapel Hil Court No concerns.
5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for
this application. However, the applicants are advised that the subject lands are
located within the outer 6km of the airport zoning-regulated area and specifically
under the takeoff approach surface. Accordingly, the lands are subject to all
provisions of airport zoning.
6) A 2024 - 049 174 Wellington Street North 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/to the proposed development.
7) A 2024 - 050 51 Charles Street East No concerns.
8) A 2024 - 051 75 Charles Street East No concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ
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
Katrina Fluit, Region of Waterloo FYI only.
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2
June3, 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 June 18, 2024
Applications for Minor Variance
A 2024-044160 Webster Road
A 2024-0453 Ivy Lane Court
A 2024-04659 Cartier Drive
A 2024-047948 Chapel Hill Court
A 2024-048101 Breckenridge Drive
A 2024-049174 Wellington Street North
A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South
Applicationsfor Consent
B 2024-010578 Guelph Street
B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South
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