HomeMy WebLinkAboutCA Agenda - 2024-07-16
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Sheryl Rice Menezes, Senior Planning Technician
519-741-2200 ext. 7844
WARD(S) INVOLVED: 10
DATE OF REPORT: July 9, 2024
REPORT NO.: DSD-24-322
SUBJECT: Minor Variance Application A2024-052 250 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2024-052 for 250 Frederick Street requesting relief
from the following sections of Zoning By-law 85-1:
i) Section 6.1.2 a) to permit a parking requirement of 117 parking spaces instead
of the minimum required 140 parking spaces; and
ii) Section 6.1.2 b) vi) to permit 8 visitor parking spaces instead of the minimum
required 28 parking spaces;
to facilitate the development of four (4) additional dwelling units in an existing
multiple dwelling having 108 units, for a total of 112 units, generally in accordance
with Site Plan Application SP24/032/F/SRM, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to permit the conversion of common amenity space on
the top floor of a high-rise apartment building to be converted into four residential
dwelling units with reduced parking requirements for overall parking and visitor parking
spaces.
The key finding of this report is that the requested minor variances meet all the four
tests of the Planning Act.
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
website with the agenda in advance of the
Committee of Adjustment meeting.
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.
Figure 1: Aerial photo
BACKGROUND:
The subject property is located on the intersection of Frederick and Gordon Streets.
It on Map 2 High
Rise Multiple Residentialin the Central Frederick Neighbourhood Plan in 1994
Official Plan.
Residential Nine Zone (R-9By-law 85-1.
The purpose of the application is to permit parking variances for the conversion of existing
th
common space on the top floor (17 floor) to four dwelling units.
The applicant has indicated that the basement and parking levels in the building have
th
storage lockers and laundry facilities. The top floor area on the 17 floor was originally
designed as recreation area with a sauna room and a hobby room. During a site visit of
the building, it was observed that these were unutilized vacant rooms and the owner felt
this was a good opportunity to provide additional rental dwelling units.
Site Plan Application SP24/032/F/SRM
dwelling units. It was primarily prepared to identify the required Visitor and Barrier Free
parking spaces.
Drawings for the two levels of underground parking have been received and are attached
to this staff report.
Figure 2: Proposed Site Plan
Staff visited the site June 28, 2024.
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 High Rise Multiple Residential designation in the Central Frederick
Neighbourhood Plan is to acknowledge and permit the Acadian Apartment on the subject
land. Multiple dwellings more than 200 units per hectare are permitted. The maximum floor
space ratio is 4, with the above grade gross floor area not exceeding 4 times the lot area. As
the building area is existing floor area, the residential conversion of space is permitted and
will meet the general intent of the Official Plan.
Figure 3: View of property from street.
General Intent of the Zoning By-law
The intent of the parking requirement is to ensure sufficient parking spaces are available for
residents and visitors of the building. The current zoning, R-9, is within By-law 85-1 which
has existed since 1994 on this property. This zoning requires the proposed total of 112
dwelling units to have 140 parking spaces (1.25 parking spaces per dwelling unit) and 28
visitor parking spaces (20% of the required parking). It is noted that the property will be
rezoned in the future into the newest City Zoning By-law 2019-051. In the new by-law, the
parking requirement for 112 units would be 112 (1 parking space per dwelling unit) with an
additional 12 visitor parking spaces. This is substantially less parking than currently required
and is closer to the 117 spaces proposed in the Site Plan.
Currently, there are no visitor parking spaces on site as this was not a requirement when the
building was originally constructed in 1968 and therefore, they have not been shown previous
plans. Providing 8 visitor spaces on the surface outside the building ensures demarcated and
dedicated parking spaces for visitors.
Staff note that the property is one block from the Strategic Growth Area which has no
minimum parking requirement. The property is on a bus route and just outside the 800
metres to an LRT station. Transportation Planning staff support the proposed parking
variance.
It is noted that 5 barrier-free parking spaces are required (under both by-laws) and that 5
barrier-free spaces are proposed. There is no variance required for these spaces.
Accordingly, the variances will meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As noted above, the parking reduction is closer to what will be required when the property is
rezoned under By-law 2019-051 and close to public transportation. The owner has also noted
on the Site Plan that vertical bicycle parking will be provided on the ground floor adjacent to
the building. Staff are of the opinion that the parking variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The applicant has advised that the common amenity space on the top floor was a recreation
area with a sauna and hobby room and on a visit by the new owner, was an unutilized vacant
area. There does exist a landscaped area with a picnic table in the north-east corner of the
property as shown on the ground level of the Site Plan.
The parking reductions, as noted above, can be considered minor and meeting the intent
of both Official Plan and Zoning By-law. The addition of dwelling units is a gentle
intensification of the residential building on the subject property and supports the City
Housing Pledge in the supply more residential rental units.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
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 property municipally addressed as 250 Fredrick
Street is located within the Central Fredrick Neighbourhood CHL. 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 additional residential units in the existing building is obtained prior to construction. Please
contact the Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
All Parks requirements will be addressed through Site Plan Application SP24/031/F/SRM.
Transportation Planning Comments:
Transportation Services can support the proposed parking reduction as the existing
parking supply will remain as is.
Region of Waterloo Comments:
No comments.
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
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
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
Official Plan (2014)
Zoning By-law 85-1
ATTACHMENTS:
Attachment A Underground garage parking plan (2 levels)
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Subject: Parking issues at 250 Frederick Street since change of building ownership from Grand River
Property Management to 250 Frederick Inc.
My new landlord '250 Frederick Inc.' (associated with serial renovictor Michael Klein) revoked my on-site
parking privileges that I have had and have paid for since I moved here on August 1 2007. Apparently
their vague rationale was based on minor ambiguous differences in the wording of leases over the years.
I have lived here and parked underground here for 17 years!! And my annual N1 forms (until this year's
from the new owner) clearly identified the amount that I paid for rent and the amount that I paid for
parking. When my new rental amount (per the N1 form) comes into effect on August 1 2024, I am asked
to pay the CPI percentage increase on both, but am still not permitted to park in the spot that I had for 17
years. This makes no sense!!! The current owner/landlord simply wants to make huge profits by any
means, legal or not, on the backs of tenants who have faithfully paid their rents and parking fees over
many years. There is no conceivable way that this is legal. In fairness, the new landlord should not only
refund us the difference for lost parking privileges but also compensate us for the great inconvenience
and stress he has caused us!
I (and all affected tenants) would like to see this matter fairly resolved ASAP, by whatever means
necessary!
Thank you for your time and effort on this important matter.
Sincerely,
Peter Sawatzky
\[Sorry, due to time conflict, I am not able to be in attendance at the meeting of July 16.\]
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Kirsten Hoekstra, Student Planner 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 7
DATE OF REPORT: July 3, 2024
REPORT NO.: DSD-2024-313
SUBJECT: Minor Variance Application A2024-053
224 Countrystone Crescent
RECOMMENDATION:
That Minor Variance Application A2024-053 for 224 Countrystone Crescent
requesting relief from the following sections of Zoning By-law 2019-051:
i) Section 4.12.2, g) to permit a lot width of 7.7 metres instead of the minimum
required 10.5 metres;
ii) Section 7.3, Table 7-4, to legalize an interior side yard setback of 2.2 metres
instead of the minimum required 2.5 metres; and
iii) Section 5.6, Table 5-5-1, to permit a minimum parking requirement of 2 parking
spaces instead of the minimum required 3 parking spaces;
to recognize the location of an existing rear yard addition and to permit the
development of an Additional Dwelling Unit (ADU) (Attached) in an existing duplex
street townhouse dwelling, generally in accordance with drawings submitted by
with Minor Variance Application A2024-053, dated April 28, 2024, BE APPROVED,
subject to the following condition:
1. That the property owner shall install a distinguishable driveway and required
walkway(s) and landscaped areas, in accordance with the regulations of
Zoning By-law 2019-051, by October 18, 2024. Any request for a time
extension must be approved in writing by the Manager of Development
Approvals prior to completion date set out in this decision. Failure to
complete this condition will result in this approval becoming null and void.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variances to recognize the location of an
existing rear yard addition and to permit the development of an additional dwelling unit
in an existing duplex street townhouse dwelling (for a total of 3 dwelling units on the
property), with a reduced lot width, a reduced interior side yard setback, and a
reduced minimum parking requirement.
The key finding of this report is that the requested minor variances meet all four tests
of the Planning Act.
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 located on the west side of Countrystone Crescent between
Countrystone Drive and Sassafras Street. It is located in the Highland West
neighbourhood which is primarily comprised of low-rise residential uses.
Figure 1: Location of the subject property.
Urban Structure and is
The property is --law 2019-
051.
The purpose of this report is to review a minor variance application to allow the
development of an Additional Dwelling Unit (ADU) (Attached) in an existing duplex street
townhouse dwelling on a lot with insufficient lot width and the minimum parking
requirement and to legalize the location of an existing rear yard addition, having a deficient
interior side yard setback.
At the time of submission of the Minor Variance Application a reduced lot width of 8.1
metres was requested and advertised. Upon further staff investigation it was determined
that the lot width is 7.7 metres instead of 8.1 metres. A difference of 0.4 metres. As the
purpose of the lot width variance is to recognize the lot width of the existing lot and will not
be changing as a result of approving the variance, no additional notice or readvertisement
th
is deemed to be required to consider the lot width variance at the July 16 meeting.
Figure 2: Site plan.
Planning Staff conducted a site visit on June 27, 2024.
Figure 3: View of 224 Countrystone Crescent from the sidewalk.
Figure 4: Existing interior side yard setback with door leading to proposed third unit
in basement.
Staff also note that the floor plans that were provided for the second unit in the 2-storey
recommended for approval are for the legalization of the location of the existing 2-storey
addition and to permit the development of a third Additional Dwelling Unit (ADU)
(Attached) within the duplex townhouse dwelling. Not a Lodging House. Although, the
-, the applicant would require an additional
parking minor variance if proposing a lodging house. The parking calculation for a lodging
house is based on the Gross Floor Area (GFA) of the use and would require more parking
than the section of the by-law that the applicant has requested relief from.
Figure 5: Proposed floor plan for third unit in the basement of the 2 story addition.
Figure 6: Existing main floor plan for second unit in 2 storey addition.
Figure 7: Existing second floor plan for second unit in 2 storey addition.
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
designation is to accommodate a diverse range of
low-rise housing types while maintaining the low-density character of the neighbourhood.
This designation encourages residential intensification and redevelopment including
additional dwelling units to respond to changing housing needs and as a cost-effective
means to reduce infrastructure and service costs. The requested reduced lot width, interior
side yard setback and parking minimum will recognize the location of a rear yard addition
and facilitate the development of an additional dwelling unit to an existing duplex street
townhouse dwelling, which maintains the general intent of the Official Plan.
General Intent of the Zoning By-law
Lot width: The intent of the lot width regulation is to ensure that a property has sufficient
amenity space, landscaped area, fire emergency access, and parking when there are two
or three additional dwelling units. Staff also note that
irregular lot shape, the rear of the property does extend to a width of approximately 18
metres. Thus, planning Staff are of the opinion that the requested reduced lot width of 7.7
metres would adequately accommodate these purposes and meets the general intent of
the Zoning By-law.
Interior side yard setback: The intent of the minimum 2.5 metre interior side yard
setback is to ensure there is adequate setback from adjacent lots, as well as to provide
sufficient access for maintenance. The proposed 2.2 metre setback provides adequate
separation from the adjacent property line. Staff also note that the subject property is
fenced on the side the variance is considered which will provide screening, creating
minimal impact to the adjacent properties. Therefore, Planning Staff is of the opinion that
the proposed interior side yard setback of 2.2 metres is keeping within the general intent of
the Zoning By-law.
Parking reduction: The intent of the minimum parking regulation is to ensure that
adequate vehicle storage can be provided on site where multiple units are provided. The
subject property is located within walking distance of a Grand River Transit bus stop for
Routes 4 and 5. Additionally the site is located in close proximity to The Boardwalk station
with bus stops for connecting routes 202, 204, 1, 4, 5, 13, 20, 29, and 77. The applicant
also proposes to provide bicycle storage for each unit to encourage the use of active
transportation. Therefore, Planning Staff is of the opinion that the requested variance for a
reduced minimum parking requirement meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The requested reduction of the lot width is minor in nature as it is pre-existing and there
are no proposed changes to this width. Additionally, the requested interior side yard
setback of 2.2 metres provides sufficient access for maintenance. Further, the requested
reduced minimum parking requirement is appropriate for the area as the property is in
proposed variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff are of the opinion that the requested variances are desirable and appropriate as they
will facilitate a gentle form of intensification within the existing residential building and
utilize existing infrastructure. The additional third
Housing Pledge.
Environmental Planning Comments:
No environmental comments or concerns with the proposal.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the additional attached dwelling unit is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
There is an existing City-owned street tree adjacent to the driveway that should be
protected to City standards throughout construction as per Chapter 690 of the current
Property Maintenance By-law.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Grand River Conservation Authority Comments:
GRCA has no objection to the approval of this application. The subject property does not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Region of Waterloo Comments:
There are no conditions for the above application. However, the applicants are advised that
there would be impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to the
proposed development.
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
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
Official Plan (2014)
Zoning By-law 2019-051
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: Ward 1
DATE OF REPORT: July 2, 2024
REPORT NO.: DSD-2024-319
SUBJECT: Minor Variance Application A2024-054 - 124 Woolwich Street
RECOMMENDATION:
That Minor Variance Application A2024-054 for 124 Woolwich Street requesting
relief from the following Sections of Zoning By-law 2019-051:
i) Section 5.3.3 b) i) to permit parking spaces to be located within the front yard,
whereas the Zoning By-law does not permit parking spaces in the front yard;
ii) Section 7.3, Table 7-6 to permit an interior side yard setback of 2.5 metres
instead of the minimum required 3 metres;
iii) Section 7.3, Table 7-6 to permit a rear yard setback of 5.5 metres instead of
the minimum required 7.5 metres; and
iv) Section 7.3, Table 7-6 to permit a Floor Space Ratio (FSR) of 0.75 instead of
the maximum permitted 0.6;
to facilitate the development of two stacked townhouse buildings, consisting of 44
dwelling units in total (22 units per building), in accordance with conditionally
approved Site Plan Application SP23/085/W/AP, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of all requested variances.
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
and this re
Committee of Adjustment meeting.
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:
It should be noted that the subject property fronts onto Woolwich Street, which is within the
boundary of the City of Waterloo. However, the subject propertyitselfis located within the
City of Kitchener.
The subject property is located on the southeast side of Woolwich Street, between Bridle
Trail and Exmoor Street (both on the City of Waterloo side of Woolwich Street), in the
Bridgeport North Planning Community. The subject property is irregular in shape and has
an approximate width of 20.8 metres, a depth of 137 metres, and an area of 5,826 square
metres. The property contains a single detached dwelling that was constructed in
approximately 1925. Development and Housing Approvals staff visited the site on June 28,
2024.
Urban Structure of the
2014 Official Plan
Rise Residential Five Zone (RES--law 2019-051.
The property immediately to the northeast is currently under construction with a 3-storey,
31 dwelling unit stacked townhouse development, comprising one multiple dwelling (132
Woolwich Street). The property immediately to the southwest (104 Woolwich Street) is the
subject of Site Plan Application SP24/042/W/AP, which proposes a low rise, 50-unit
stacked townhouse development, comprising three multiple dwellings. The surrounding
neighbourhood, both on the Waterloo and Kitchener sides of Woolwich Street, is
comprised low density residential land uses.
The subject property is the subject of Site Plan Application SP23/085/W/AP, which
proposes a stacked townhouse (multiple dwelling) development with 44 dwelling units (two
buildings comprising 22 units each). The existing single detached dwelling is proposed to
be demolished to facilitate the proposed redevelopment. The Site Plan Application
received conditional approval (with a red-lined drawing) on May 3, 2024 (see Attachment
A), subject to several conditions, including the following:
Prior to Site Plan Approval, the Owner shall apply for and obtain approval of a Minor
Variance Application for all zoning deficiencies, and the variances shall be in full force
Director of Development and Housing
Approvals.
The purpose of the subject application is to fulfill this condition. In this regard, the applicant
is requesting the following relief from Zoning By-law 2019-051, to facilitate conditionally
approved Site Plan Application SP23/085/W/AP:
i) Section 5.3.3 b) i) to permit parking spaces to be located within the front yard,
whereas the Zoning By-law does not permit parking spaces in the front yard;
ii) Section 7.3, Table 7-6 to permit an interior side yard setback of 2.5 metres instead of
the minimum required 3 metres;
iii) Section 7.3, Table 7-6 to permit a rear yard setback of 5.5 metres instead of the
minimum required 7.5 metres; and
iv) Section 7.3, Table 7-6 to permit a Floor Space Ratio of 0.75 instead of the maximum
permitted 0.6.
Figure 1: Photo of existing single detached dwelling (at center) on the subject
property, taken from the opposite side of Woolwich Street. The stacked townhouses
under construction (at left) are located immediately northeast of the subject lands
(132 Woolwich Street).
Figure 2: Subject Property (outlined in red).
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 Official Plan contains several policies that are relevant to the requested variances, for
example:
Variance i): 13.C.8.4. All parking areas or facilities will be designed, constructed
result in aesthetically acceptable parking areas which blend
into the general environment of the area.
Variances ii) through iv):
o 4.C.1.7. The City may require a site plan, elevation drawings, cross-sections,
landscaping plans and any other appropriate plans and/or studies, to support
and demonstrate that a proposed development or redevelopment is
compatible with respect to built form, landscaping, screening and/or
buffering, conforms to zoning, and provides for a healthy, safe, accessible
and sustainable building and site design. These requirements are intended
to address the relationship to adjacent residential development, to ensure
compatibility with the existing built form and the community character of the
established neighbourhood and to minimize adverse impacts.
o 4.C.1.8. Where a special zoning regulation(s) or minor variance(s) is/are
requested, proposed or required to facilitate residential intensification or a
redevelopment of lands, the overall impact of the special zoning regulation(s)
or minor variance(s) will be reviewed, but not limited to the following to
ensure, that:
a) Any new buildings and any additions and/or modifications to existing
buildings are appropriate in massing and scale and are compatible with
the built form and the community character of the established
neighbourhood and will have regard to Section 11 of this Plan, the
City's Urban Design Manual, and any site-specific Urban Design Brief
d) New buildings, additions, modifications and conversions are sensitive
to the exterior areas of adjacent properties and that the appropriate
screening and/or buffering is provided to mitigate any adverse impacts,
Variance iv): 15.D.3.11. A maximum Floor Space Ratio of 0.6 will apply to all
development and redevelopment. Site-specific increases to allow up to a maximum
Floor Space Ratio of 0.75 may be considered where it can be demonstrated that
the increase in the Floor Space Ratio is compatible and meets the general intent of
the policies in this Plan. An Official Plan Amendment will be required to consider an
increase in the Floor Space Ratio greater than 0.75.
Development & Housing Approvals (DHA) staff is of the opinion that Variance i), to permit
parking spaces to be located within the front yard, meets the general intent of the Official
Plan (OP). The lot is irregularly shaped, with a narrow (20.8 metre) lot width at Woolwich
Street, which widens to approximately 68 metres, 46 metres away from Woolwich Street.
At this point, the property begins to taper towards the rear lot line. DHA staff understands
that it is not possible for the owner to acquire additional frontage from adjacent properties
to make the property more rectangular, since the property from which this frontage would
need to come (i.e., 132 Woolwich Street) is subject to a separate site plan application that
is further along in the development process. In this regard, to redevelop the property in an
efficient manner, the owner is proposing to locate parking at the front of the property,
where the lot width is narrowest, and to locate the dwellings farther from Woolwich Street,
where the lot width is greatest. To mitigate the visual impacts of parking located close to
the street, the owner is proposing two small, landscaped areas between the parking and
the street. These landscaped areas would comprise plantings / sod and would contain
mailboxes. In this context, the parking area will be aesthetically acceptable. Also,
Transportation Services does not have concerns with the requested parking space
location. Safety is not a concern.
DHA staff is of the opinion that Variances ii) through iv) meet the general intent of the OP.
The variances for side yard setback, rear yard setback, and floor space ratio will result in
development that is compatible with the adjacent uses with respect to massing, scale, and
design. An FSR up to the requested 0.75 is justified since the increase is compatible and
meets the intent of the OP, noting that the proposal for low rise development includes the
facilities necessary to support the proposed use (e.g., parking, landscaped areas, amenity
space).
General Intent of the Zoning By-law
Regarding Variance i), the purpose of the zoning regulation to prohibit parking between
the street and the building is to ensure an aesthetically pleasing streetscape by
encouraging street-oriented buildings. In this case, due to the irregular lot shape and
narrow lot width, it would be difficult to maximize the development potential of the property
if a building was placed close to the street. The proposal seeks to maximize the use of the
front portion of the property by incorporating the drive aisle and parking spaces in this
area. As mentioned above, two small, landscaped areas at the front of the property will
assist in mitigating visual impacts. DHA staff is of the opinion that this variance meets the
general intent of the Zoning By-law (ZBL).
With respect to Variances ii) through iv), the purpose of the regulations for which relief is
sought is to ensure that the facilities necessary to support the proposed use are provided,
adequate buffering is provided, and character and compatibility are maintained. In this
case, the necessary facilities are adequately provided (e.g., parking, landscaping, amenity
space), adequate setbacks are provided considering the low-rise nature of the proposal,
and the FSR is appropriate, since the variances will not result in compatibility issues. DHA
staff is of the opinion that these variances meet the general intent of the ZBL.
Are the Effects of the Variances Minor?
DHA staff is of the opinion that Variances i) through iv) are minor, meaning that they will
not cause unacceptably adverse impacts on adjacent properties. As aforementioned, the
proposed development will provide the facilities necessary to support the proposed use,
and character and compatibility would be maintained.
Are the Variances Desirable For The Appropriate Development or Use of the Land, Building
and/or Structure?
DHA staff is of the opinion that Variances i) through iv) are desirable for the appropriate
development of the land. These variances will permit the land to be redeveloped at a
higher density, while remaining compatible with and sensitive to the surrounding land
uses.
Planning Conclusion:
Variances i) through iv) meet the four tests for minor variances, under the Planning Act.
Accordingly, DHA staff recommends approval.
Environmental Planning Comments:
Environmental concerns and Tree Management requirements have been addressed
through the Site Plan Application process.
Heritage Planning Comments:
124 Woolwich St was reviewed for the Kitchener Inventory and determined to have no
cultural heritage value or status under the Ontario Heritage Act in 2013.
Building Division Comments:
The Building Division has no objections to the proposed variances provided building permits
for the stacked townhouse are obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
All Parks requirements will be addressed through Site Plan Application SP23/085/W/AP.
Transportation Planning Comments:
Transportation Services have 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
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
Official Plan (2014)
Zoning By-law 2019-051
Site Plan Application SP23/085/W/AP (Conditional Approval Issued)
KDA Report 24-03 (Removal of Holding Provision)
ATTACHMENTS:
Attachment A Conditionally-Approved, Red-Lined Site Plan Drawing
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 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 2
DATE OF REPORT: June 27, 2024
REPORT NO.: DSD-2024-320
SUBJECT: Minor Variance Application A2024-055 71 Kingsbury Drive
RECOMMENDATION:
That Minor Variance Application A2024-055 for 71 Kingsbury Drive requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 5.6, Table 5-5, to permit a minimum parking requirement of 46 parking
spaces (1 parking space per 59 square metres of Gross Floor Area (GFA))
instead of the minimum required 68 parking spaces (1 space for 40 square
metres of Gross Floor Area (GFA)); and
ii) Section 9.3, Table 9-2, to permit a minimum Landscaped Area of 17% instead of
the minimum required 20%.
to facilitate the redevelopment of the site with a 'Commercial School' providing on-
site hockey instruction, in accordance with Conditionally Approved Site Plan
Application SP24/016/K/CD, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
redevelopment of the property with a 'Commercial School' providing on-site hockey
instruction.
The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included notice signs 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 and this
Adjustment meeting.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southeast side of Kingsbury Drive near the
intersection of Kingsbury Drive and Weber Street East.
Figure 1: Location Map
on Map 2 Urban Structure and is
Commerci
General Commercial Zone (COM-2-law 2019-051.
The purpose of the application is to permit the redevelopment of the property with a
'Commercial School' providing on-site hockey instruction. The applicant is proposing
additions and interior alterations to the existing commercial building and have received
conditional site plan approval.
Figure 2: View of Existing Site Conditions
Figure 3: 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
land use designation is to provide for a wide range of
commercial activities and use intended to ensure that commercial activities are well
businesses and visitors. The proposed commercial school is a permitted use in the
Commercial land use designation and an appropriate use for subject building and lands.
Planning Staff are of the opinion that the requested variances will meet the general intent of
the Official Plan.
General Intent of the Zoning By-law
The intent of the 1 parking space per 40 square metres of Gross Floor Area (GFA) is to
provide adequate parking for users of the proposed development. The applicant provided
a cover letter with a detailed explanation of the requested parking reduction which was
reviewed by Transportation Services who have no concerns with the proposed parking
rate of 1 parking space per 59 square metres of Gross Floor Area (GFA).
The proposed redevelopment of the site will include 92 surface parking spaces of which
only 46 can be included towards the required Zoning By-law parking requirement as 36
existing surface parking spaces are located in the MTO setback within the subject lands.
The MTO has no concerns with the spaces continuing to be used however they cannot be
counted towards the required parking. In addition to adequate on-site parking, on-street
parking is available on Kingsbury Drive and bicycle parking spaces will also be provided
for users of the development. Staff are of the opinion that the proposed parking provision
will provide for adequate parking for users of the proposed commercial school.
The intent of the required 20% landscaping regulation is to ensure developments are not
dominated by parking and buildings. The applicant is proposing additions and interior
alterations to the existing commercial building which results in existing landscaping being
removed and replaced by surface parking and additional building area. Adequate
landscaping is proposed, and a landscape buffer will screen the new surface parking from
the street and adjacent properties.
In the opinion of Staff, the requested variances meet the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance to reduce the required parking to 1 parking spaces per 59 square
metres of GFA rather 1 parking space per 40 square metres of GFA and the requested
variance to reduce the required landscaping from 20% to 17% are minor in nature. Staff is of
the opinion that the requested variances will not inhibit the appropriate functioning of a
commercial school on the property and will not negatively impact any of the adjacent
properties or surrounding neighbourhoods. The 3% landscaping reduction is minor and
adequate on-site parking is being provided.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable and appropriate for the development and use of the land as
they will facilitate the adaptive reuse of the existing building and the commercial property
in an Urban Corridor for a commercial school that will provide on-site hockey instruction.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Applications have been
made for the renovations to the existing building for the change of use.
Engineering Division Comments:
No Engineering comments.
Parks/Operations Division Comments:
No Parks/Operations comments.
Transportation Planning Comments:
Transportation Services have 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
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
Official Plan (2014)
Zoning By-law 2019-051
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Ben, Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 3, 2024
REPORT NO.: DSD-2024-310
SUBJECT: Minor Variance Application A2024-056 359 Highland Road West
RECOMMENDATION:
That Minor Variance Application A2024-056 for 359 Highland Road West requesting
relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a minimum
parking requirement of 5 parking spaces (0.5 parking spaces per dwelling unit)
instead of the minimum required 9 parking spaces (0.9 parking spaces per dwelling
unit) to facilitate the redevelopment of a 3-storey multiple dwelling, having 10
dwelling units, generally in accordance with drawings prepared by Onespace
Architecture+interiordesign, dated June 20, 2024, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend the approval of the minor
variance to facilitate the development of a 3-storey multiple dwelling having 10
dwelling units on the subject property.
The key finding of this report is that the minor variance meets the four tests set out
within the Planning Act.
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 located on the south side of Highland Road West near the
intersection of Lawerence Avenue and Highland Road West. It is located within the St.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Marys neighbourhood which is primarily comprised of commercialusesand residential
uses of varying dwelling types.
Figure 1: Location Map-359 Highland Road West(Outlined in Red)
Urban CorridorUrban Structureandis
MixedUse
Mixed Use Two Zone (MIX-2)with Site-Specific Provisionin
Zoning By-law2019-051.
The purpose of the minor variance application is to facilitate the construction ofa 3-storey
multiple dwelling having 10 dwelling unitsas rental units,with a reduced minimum
parking requirement.
Staff note that 359 Highland Road West was previously subject to Site Plan and Minor
Variance Applications. Minor Variance A2021-007, was previously approved subject to
Site Plan Application SP20/063/H/RK, to facilitate the construction of a 5-storey, 31-unit
multi-residential development having a ground floor street line façade width to be 28.6%
whereas the By-law requires a minimum façade width of 50%; a maximum Floor Space
Ratio (FSR) of 2.25 rather than the maximum permitted FSR of 2.0; to permit a minimum
of 10 off-street parking spaces, including 3 off-street visitor parking spaces rather than the
required 31 off-street parking spaces including 4 off-street visitor parking spaces; and, to
permit a width of Class A bicycle parking stall to be 0.27metresrather than the required
0.6 metres.
Figures 3-10 below illustrate the proposed 10-unit multiple dwelling development.
Figure 2: Site Plan
st
Figure 3: 1 Floor, Floor Plan
nd
Figure 4: 2 Floor, Floor Plan
rd
Figure 5: 3 Floor, Floor Plan
Figure 6: Rooftop Amenity Space
Figure 7: East Elevation
Figure 8: West Elevation
Figure 9: North Elevation
Figure 10: South Elevation
Planning Staff conducted a site visit on June 27, 2024.
Figure 11: Existing site conditions at 359 Highland Road West
Figure 12: Existing view from the intersection of Highland Road West and Lawrence Avenue
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 property is designated Mixed Use in the Official Plan. The purpose of the Mixed Use
land use designation is to achieve an appropriate mix of commercial, residential, and
institutional uses. This allows for the change and intensification of lands over time, as well
as a broad range of uses. This proposal aligns with these objectives. A 3-storey multiple
dwelling having 10 is permitted within Mixed Use land use designation, and
the residential use complements the range of non-residential uses on lands located along
this stretch of Highland Road West.
The property is situated in an Urban Corridor and is meant to have strong pedestrian
connections while being connected to nearby residential and commercial areas. These
corridors are intended to offer a variety of retail, employment, and transit options and are
designed for transit-related development. This proposal aligns with the goals of the Urban
Corridor by intensifying the site with 10 dwelling units, replacing a now demolished single
detached dwelling. Although the proposal is for solely residential use, it fits the
surrounding neighbourhood's existing character and supports the Urban Corridor's
objectives. There are various commercial establishments on the opposite side of Highland
Road West that future residents can easily walk to, reducing their reliance on private
vehicles. The property is well-served by existing transit services.
Therefore, planning staff is of the opinion that the requested variances meet the general
General Intent of the Zoning By-law
The intent of the regulation that requires a minimum 0.9 parking spaces per dwelling unit is
to ensure that adequate vehicle storage can be provided on-site. The site is approximately
20 metres from the Grand River Transit bus stop, Route 204. To justify the reduction, the
applicant also proposes to provide 8 Class A bicycle parking spaces and 2 Class B bicycle
parking spaces to encourage the use of active transportation options. Additionally, the
subject property is located within walking/cycling distance to the Henry Sturm Trail which
further promotes active transportation. Thus, Planning Staff is of the opinion that the
proposed parking reduction is in keeping with the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
With respect to the requested variance to allow for a reduction in parking, staff are of the
opinion that the requested variance is minor in nature. The applicant is proposing to
include 10 bicycle parking spaces. The site is well serviced by frequent transit and is in
close proximity to existing commercial uses. As per the reasons previously noted, staff are
proposed parking reduction.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variance will facilitate a desirable form of gentle intensification/
redevelopment on the existing site. The proposed scale, massing, and setbacks of the
proposed building will be compatible and will support the planned vision of the corridor and
surrounding area assisting in the provision of a variety of dwelling types. The proposed
increased density along Highland Road West will support the Cit Housing Pledge.
Planning Staff is of the opinion that the requested variances are appropriate and desirable
for the use of the lands.
Environmental Planning Comments:
There are no natural heritage concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permits
for the 10-unit residential building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments or concerns.
Parks/Operations Division Comments:
Parkland Dedication was paid February 2022 in the amount of $81,540 through the
previous site plan application. The City will issue a full refund and the applicant would be
required to pay the new parkland dedication fee of $34,470.00 for the 10 unit development
at the building permit stage. For additional information regarding issuing the refund, please
contact Lenore Ross (Parks Planning and Development Project Manager Development
and Housing Approvals | Development Services | City of Kitchener 519-741-2200 ext.
7427).
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The Region of Waterloo has no comments or concerns with regard to the proposed
application.
GRCA Comments:
GRCA has no objection to the approval of the above 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
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
Official Plan (2014)
Zoning By-law 2019-051
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Ben Suchomel, Student Planner, 519-741-2200 ext. 7074
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: July 3, 2024
REPORT NO.: DSD-2024-315
SUBJECT: Consent Application B2024-013 1188 Fischer Hallman Road
RECOMMENDATION:
That Consent Application B2024-013 requesting consent to sever a parcel of land
having a lot width of 40 metres, a lot depth of 4.2 metres, and a lot area of 60 square
metres from the property municipally addressed as 1188 Fischer Hallman Road, to
convey as a lot addition to 525 Erinbrook Drive, in accordance with Site Plan
Application SP23/019/E/TS, BE APPROVED subject to the following conditions:
1.
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 Site Plan Application SP23/019/E/TS for 525 Erinbrook Drive, be amended to
incorporate the proposed lot addition to 525 Erinbrook Drive, to the satisfaction of
the Director of Development and Housing Approvals.
5. That prior to final approval, confirm the existence and transfer of the Registered
Easement agreement in favour of the City for the existing water infrastructure
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
currently located within the parcel to be severed.
6.That prior to final approval, the owner/applicant submits a valid Section 59 Notice.
7. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to facilitate a transfer
of land from a commercial lot to the adjacent vacant lot to permit the development
contemplated by Site Plan Application (SP23/019/E/TS) of a three-block, 72-unit
multiple dwelling development at the benefiting lands of 525 Erinbrook Drive.
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 located on the east side of Fischer Hallman Road near the
intersection of Westmount Road East and Fischer Hallman Road. It is located within the
Country Hills West neighbourhood which is comprised of a mix of low-rise residential
dwelling types and commercial services.
Urban Structure and is
-2, 480R,
Zoning By-law 85---law 2019-
051.
The purpose of this application is to adjust the lot lines between the property municipally
known as 1188 Fischer Hallman Road, and the adjacent property, municipally known as
525 Erinbrook Drive. The property fronting Erinbrook Drive is limited by hydro connection
on Erinbrook Drive, which is at servicing capacity. The proposed lot addition will allow 525
Erinbrook Drive to connect to hydro infrastructure on Westmount Drive which will facilitate
the development of the lands with three buildings, a 72-unit multiple dwelling development.
Figure 1: Location Map- 1188 Fischer Hallman Road (Outlined in Red)
Figure 2: Severance Plan
Figure 3: Existing Site Conditions at 1188 Fischer Hallman Road
Figure 4: Existing Plaza Located on the Subject Property
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. The subject application does not
propose any development, rather it is an adjustment of lot lines. Planning Staff is of the
opinion that the application 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 and make efficient use of land and
infrastructure, at densities and in locations which supports transit viability and active
transportation. The proposed lot addition will facilitate a 72-unit multiple dwelling
development in close proximity to Bus Route 22. Thus, Planning Staff is of the opinion that
the application conforms to the Growth Plan.
Regional Official Plan (ROP):
Regional policies in the ROP 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. The proposed lot
addition will facilitate a 72-unit multiple dwelling development in close proximity to Bus
Route 22. Thus, Planning Staff is of the opinion that the application, conforms to the
Regional Official Plan.
Urban Structure and is
on Map 3
Plan. Staff are of the opinion that the size, dimensions, and shape of the resultant lots are
suitable for the use of the lands and will continue to be compatible with the surrounding
neighbourhood. The lands front onto a public street and the lot addition will facilitate the
provision of hydro services. There are no natural heritage features that would be impacted
by the proposed consent application. Staff are of the opinion that the proposed consent
Zoning By-law 85-1 or 2019-051
The subject property is pping Centre Zone (C-
in Zoning By-law 85-1 and Institutional Zone (INS-1) in Zoning By-law
2019-051. The proposed boundary adjustment maintains compliance of the minimum lot
width and lot area requirements in effect for the subject lands. Staff are of the opinion that
-laws.
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 satisfiedthat the proposed boundary
adjustment is desirable and appropriate.
Environmental Planning Comments:
There are no natural heritage concerns. A Tree Management Plan was a requirement of
Site Plan Application SP23/019/E/TS.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Please confirm the existence and transfer of the Registered Easement agreement in favour
of the City for the existing water infrastructure currently located within the parcel to be
severed. An easement will be required for the previously mentioned water infrastructure, if
not currently in existence.
Parks/Operations Division Comments:
Parkland dedication is not required for this application as it will be considered as a minor
lot addition to the 525 Erinbrook Dr lands and the required parkland dedication
requirements for that property/application have been satisfied.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is seeking consent to sever a part of institutional parcel, 1188 Fischer
Hallman Road, to add to commercial parcel, 525 Erinbrook Road, being: Severed lands -
irregular parcel of 6.2 sq.m.; Retained lands 23,426 sq.m. and Benefitting lands 9,428
sq.m. The proposed lot addition would be used to facilitate hydro services to 525
Erinbrook Road, which is subject to Site Plan SP23/019/E/TS, approved on April 23, 2024.
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 Official Plan
There is a one-foot reserve between retained and benefitting lands owned by the Region.
In accordance with Policies in Section 5.F of the Regional Official Plan, any proposed or
relocated utilities within a Regional Road Allowance or land owned by the Region will
require Regional approval and be subject to provisions of applicable Regional By-Laws
and Guidelines to ensure matters of Regional and Provincial interest are addressed.
The proposed severance will facilitate the provision of hydro services to the residential
development at 525 Erinbrook Road, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one-foot reserve located between the retained and benefiting lands
(PIN 226050148), for which utility services will transverse, satisfactory arrangement must
be made with the Region to remove this reserve prior to final approval of the consent
application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
2. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
Hydro One Comment:
We have reviewed the documents concerning the noted Application and have no
comments or concerns at this time.
GRCA Comments:
GRCA has no objection to the approval of the above application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The recommendation has no impact on the Capital Budget.
COMMUNITY ENGAGEMENT:
INFORM This report has been
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 addi
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-laws 85-1 and 2019-051
Site Plan Application SP23/019/E/TS
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
July 2, 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 2024-013 to B 2024-016
Committee of Adjustment Hearing July 16, 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: 4719358
B2024-013
1188 Fischer-Hallman Rd & 525 Erinbrook, Kitchener
Owner: Schlegel Urban Developments & Activa Holdings Inc
Applicant: MHBC c/o Pierre Chauvin/Robyn McIntyre
The owner/applicant is seeking consent to sever a part of institutional parcel, 1188
Fischer Hallman Rd, to add to commercial parcel, 525 Erinbrook Rd, being: Severed
lands - irregular parcel of 6.2 sqm; Retained lands – 23,426 sqm, and Benefitting lands
–9,428 sqm. The proposed lot addition would be used to facilitate hydro services to 525
Erinbrook Rd, which is subject to Site Plan SP23/019/E/TS, approved on April 23, 2024.
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 Official Plan
There is a one-foot reserve between retained and benefitting lands owned by the
Region. In accordance with Policies in Section 5.F of the Regional Official Plan, any
proposed or relocated utilities within a Regional Road Allowance or land owned by the
Region will require Regional approval and be subject to provisions of applicable
Regional By-Laws and Guidelines to ensure matters of Regional and Provincialinterest
are addressed.
The proposed severance will facilitate the provision of hydro services to the residential
development at 525 Erinbrook Rd, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one-footreserve located between the retained and benefiting lands
lands (PIN 226050148), for which utility services will transverse, satisfactory
arrangement must be made with the Region to remove this reserve prior to final
approval of the consent application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
2. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
Document Number: 4719358
Version: 1
B2024-014
267 Dumfries Ave, Kitchener
Owner: Dario Kokorovic & Tanja Cyijetic
Applicant: Patterson Planning Consultants Inc
The owner/applicant is proposing to sever a residential parcel of land intotwo lots for
development of a duplex dwelling on each lot, being: both severed and retained lands -
lot area of 395.3sqm, depth of 40.5m, and frontage of 9.75m. The existing single
detached dwelling is proposed to be demolished.
Environmental Noise
The residential dwellings on the severed and the retained lots will be located in close
proximity toConestoga Parkway/Highway 7, as well as commercial land uses. The
owner/applicant is required undertake a detailed environmental noise study to assess
the environmental noise impacts on the proposed residential dwellings on retained and
severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Alternatively, the owner/applicant is required to secure and implement the below
conditions through a registered agreement with the City of Kitchener for all dwelling
units on both retained and severed lots:
A) The dwelling will be fitted with forced air-ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant’s discretion.
B) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
1) “The purchasers / tenants are advised that sound levels due to increasing
road traffic on Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
2) “This dwelling has been fitted with a forced air-ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review fee is required as a condition of approval for the consent application.
Document Number: 4719358
Version: 1
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/developer agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Conestoga Parkway/Highway 7, as well as
commercial land uses in proximity, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
B2024-015
82 York St, 509 Park St, 54 Hope St, Kitchener
Owner: Woodhouse Investments Inc. and William Hunter
Applicant: Up Consulting Ltd c/o David Galbraith
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
St) as a lot addition to institutional parcel (509 Park St/54 Hope St), being: conveyed
lands – 210sqm area with approx. 11m width and 19.3m depth; retained lands –
320sqm area with approx. 11m width and 29.5m depth; and the benefitting lands – 1824
sqm area with irregular boundary.
Archaeological Assessment (Advisory)
Based on a review of the Region’s archaeological potential model, the subject lands of
82 York St, 509 Park St and 54 Hope St possess some potential for the recovery of
archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to
the extensive disturbance on the properties, however, the applicant should be made
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and
Multiculturalism. 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 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.
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 a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Document Number: 4719358
Version: 1
B2024-016
176 Woolwich St, Kitchener
Owner/Applicant: Hector Lopez
The owner/applicant is seeking consent to sever residential parcel into two lots, being:
severed –21,400 sq ft, 107ft width, 200ft depth; retained –28,576 sq ft, 76ft width, 376
ft depth. The consent to sever will facilitate the creation of a new lot with single
detached dwelling. The existing single detached dwelling will remain on retained lot.
Environmental Noise
The residential dwellings on the severed and the retained lots will be impacted by
transportation noise from Woolwich Street. The owner/applicant is required undertake a
detailed environmental noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots. The recommendations of
the detailed noise study will be implemented through a registered agreement with the
City of Kitchener.
Alternatively, in lieu of a noise study, the owner/applicant is required to secure and
implement the below conditions through a registered agreement with the City of
Kitchener for all dwelling units on both retained and severed lots:
1. That the dwelling will be fitted with forced air-ducted heating system suitably
sized and designed with provision for the installation of air conditioning in future,
at the occupant’s discretion.
2. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a. “The purchasers / tenants are advised that sound levels due to increasing
road traffic Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
b. “This dwelling has been fitted with a forced air-ducted heating system and
has been designed with the provision of adding central air conditioning at
the occupant’s 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 Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review feeis required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/applicant agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Woolwich St, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
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
Document Number: 4719358
Version: 1
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847; and Andrew
Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: July 3, 2024
REPORT NO.: DSD-24-317
SUBJECT: Consent Application B2024-014 - 267 Dumfries Avenue
RECOMMENDATION:
That Consent Application B2024-014 requesting consent to sever a parcel of land
having a lot width of 9.7 metres on Dumfries Avenue, a lot depth of 40.5 metres and
a lot area of 395.3 square metres, BE APPROVED subject to the following
conditions:
1. That the Osolicitor shall provide 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
gist.
4. That the Owner obtains Demolition Control Approval, in accordance with the
-
Development and Housing Approvals.
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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Official, and removes the existing dwelling prior to deed endorsement.
6.That the owner shall pay to the City of Kitchener a cash-in-lieu contribution for
park dedication of $11,862.00.
7. The owner shall make financial arrangements to the satisfaction of the City's
Engineering Services, for the installation of new service connections to the
severed and retained lands.
8. The owner shall prepare a servicing plan showing outlets to the municipal
servicing system, to the satisfaction of Engineering Services.
9. The owner shall prepare and submit a Development Asset Drawing (AutoCAD
format) for the site with corresponding layer names and asset information, to the
10. The owner shall make financial arrangements to the satisfaction of the City's
Engineering Services for the installation, to City standards, of boulevard
landscaping including street trees, and a paved driveway ramp, on the severed
and retained lands, or otherwise receive relief from Engineering Services for this
requirement.
11.
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 the owner shall prepare a Tree Preservation Plan for the Severed Lot
and where necessary, implemented prior to any grading, servicing, tree
removal or the issuance of building permits. 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.
If necessary, the plan shall include required mitigation and or compensation
measures.
b) The owner further agrees to implement the approved plan. No changes to
Director of Development and Housing Approvals.
12. That prior to approval the Owner/Applicant submit the consent review fee of
$350 to the Regional Municipality of Waterloo.
13. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for
all dwelling units on both retained and severed lots:
a) That the owner/developer agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation
b) That the following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i)
increasing road traffic Conestoga Parkway/Highway 7, as well as
commercial land uses in proximity, 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
th
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
REPORT HIGHLIGHTS:
The purpose of this report is to recommend conditional approval of a consent
application to create a new lot to allow the redevelopment of the lands with two Single
Detached Dwellings, each with an Additional Dwelling Unit (Attached) one on each
resultant lot.
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:
Figure 1: Location Map-267 Dumfries Avenue
The subject property islocated on the west side of Dumfries Avenue, between Chapel
Street and Krug Street (southof Frederick Street and the west of the Conestoga Parkway),
in the Central Frederick Planning Community. The surrounding lands are composed of
low-density residential land uses, primarily single detached dwellings.
The subject property is identified Urban Structure(2014
Official Plan)and is designated Low Rise Conservation Ain the Central Frederick
Secondary Plan(1994 Official Plan).
The property is zoned Residential Five Zone (R-5)in Zoning By-law 85-1.
Figure 2:Central Frederick Secondary Plan Map(subject property outlined in blue)
Figure 3:Surrounding zoning (subject area outlined in blue).
The property contains a single detached dwelling that was constructed in approximately
1954. The applicant is requesting consent to create a new lot with frontage on Dumfries
Avenue to facilitate the redevelopment of the lands with two Single Detached Dwellings,
each with an Additional Dwelling Unit (Attached) one on each resultant lot(see Figures 5
through 8 for potential building designs).
The severed lot would have an approximate lot width of 9.7metres, a depth of 40.5
metres, and an area of 395.3 square metres, as shown in Figure 4. The retained lot would
have identical dimensions. No minor variances are required to facilitate the consent
application.
Retained lot
Severed lot
Figure 4: Proposed Lot Fabric
Figure 5: Front Elevation Figure 6: South Elevation
Figure 7: Right Elevation
Figure 8: Left Elevation
th
Planning staff conducted a site visit on June 27, 2024.
Figure 9: Existing Single Dwelling at 267 Dumfries Avenue
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 a new lot. The proposed Single
Detached Dwellings with Additional Dwelling Units (ADUs) (Attached) 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. 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
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):
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.
The subject property is Urban Structure and is
designated Low Rise Conservation A in the Central Frederick Secondary Plan.
As per 19.9.3 1, of the Central Frederick Secondary Plan:
The intent of the Low Rise Conservation A designation is to preserve the scale, use
and intensity of existing development. This designation is applied to those portions of
the community where the vast majority of land use is single detached dwellings. The
dwellings are in good structural condition, and they are exhibits of the characteristics
of a stable family-oriented area.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings,
duplex dwellings, small lodging houses, small residential care facilities, private home
day care and home businesses, and those triplexes which were in compliance with the
Zoning By-law as of the date of the approval of the original Central Frederick
Secondary Plan (June 12, 1989).
The Central Frederick Secondary Plan is still within the 1994 Official Plan and is dated
with respect to most recent Provincial Policy and direction. It is proposed to be updated
and consolidated as part of a new Official Plan during the next Official Plan Review. Three
and four dwelling units are permitted on every lot in the City subject to meeting all zoning
regulations.
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 -5
not required. The intention of the above noted Official Plan policies is to allow moderate
intensification, even it if produces lot sizes which are markedly different than surrounding
lot sizes, provided that it does not result in unacceptable adverse impacts / effects on the
surrounding lands.
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 tothe City of
Kitchener Official Plan.
Zoning By-law 85-1
The property is zoned Residential Five Zone (R-5) -5Zone permits a range of
low-rise residential dwelling types, including single detached, semi-detached, duplex
dwelling and Additional Dwelling (attached and detached)R-5 zone requires a
minimum lot width of 9.0 metres and a minimum lot area of 235 square metres for
detached dwellings.
It should be noted that the front yard setback from Residential Intensification in
Established Neighbourhoods Study (RIENS) Area will apply, requiring the setback for the
new dwellings to be based on the average setback of the dwellings on either side of the
subject property (rather than a fixed setback).
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.
Heritage Planning Comments:
No heritage planning comments or 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:
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 new service connections that may be required to service
this property, all prior to severance approval. Our records indicate sanitary, storm and
water municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to Nolan Beatty - nolan.beatty@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
building.
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.
Parks/Operations Division 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 lots only, with a land valuation
calculated by the lineal frontage of 9.7 metres at a land value of $36,080.00 per frontage
meter with a per unit cap of $11,862.00.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is proposing to sever a residential parcel of land into two lots for
development of a duplex dwelling on each lot, being: both severed and retained lands - lot
area of 395.3sqm, depth of 40.5m, and frontage of 9.75m. The existing single detached
dwelling is proposed to be demolished.
Environmental Noise
The residential dwellings on the severed and the retained lots will be located in close
proximity to Conestoga Parkway/Highway 7, as well as commercial land uses. The
owner/applicant is required undertake a detailed environmental noise study to assess the
environmental noise impacts on the proposed residential dwellings on retained and
severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Alternatively, the owner/applicant is required to secure and implement the below
conditions through a registered agreement with the City of Kitchener for all dwelling units
on both retained and severed lots:
1. The dwelling will be fitted with forced air-ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future, at the
2. The following noise warning clause will be included in all offers of purchase, deeds and
rental agreements:
i)
traffic on Conestoga Parkway/Highway 7, as well as commercial land uses in
proximity, 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
ii) -ducted heating system and has been
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
Waterloo Region and the Ministry of the Environment Conservation and Parks
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350. The consent
review fee is required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main floor),
located at150 Frederick St, Kitchener. 15 min parking is available at the rear of the
building, outside the Kitchener Public Library, at the intersection of Queen St N and
Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of Waterloo,
150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to
the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a) That the owner/developer agrees to construct the dwelling with forced air-ducted
heating system suitably sized and designed with provision for the installation of air
b) That the following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i)
road traffic Conestoga Parkway/Highway 7, as well as commercial land uses
in proximity, 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
ii) s been fitted with a forced air-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
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
in
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)
Central Frederick Secondary Plan (1994 Official Plan)
Zoning By-law 85-1
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
July 2, 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 2024-013 to B 2024-016
Committee of Adjustment Hearing July 16, 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: 4719358
B2024-013
1188 Fischer-Hallman Rd & 525 Erinbrook, Kitchener
Owner: Schlegel Urban Developments & Activa Holdings Inc
Applicant: MHBC c/o Pierre Chauvin/Robyn McIntyre
The owner/applicant is seeking consent to sever a part of institutional parcel, 1188
Fischer Hallman Rd, to add to commercial parcel, 525 Erinbrook Rd, being: Severed
lands - irregular parcel of 6.2 sqm; Retained lands – 23,426 sqm, and Benefitting lands
–9,428 sqm. The proposed lot addition would be used to facilitate hydro services to 525
Erinbrook Rd, which is subject to Site Plan SP23/019/E/TS, approved on April 23, 2024.
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 Official Plan
There is a one-foot reserve between retained and benefitting lands owned by the
Region. In accordance with Policies in Section 5.F of the Regional Official Plan, any
proposed or relocated utilities within a Regional Road Allowance or land owned by the
Region will require Regional approval and be subject to provisions of applicable
Regional By-Laws and Guidelines to ensure matters of Regional and Provincialinterest
are addressed.
The proposed severance will facilitate the provision of hydro services to the residential
development at 525 Erinbrook Rd, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one-footreserve located between the retained and benefiting lands
lands (PIN 226050148), for which utility services will transverse, satisfactory
arrangement must be made with the Region to remove this reserve prior to final
approval of the consent application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
2. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
Document Number: 4719358
Version: 1
B2024-014
267 Dumfries Ave, Kitchener
Owner: Dario Kokorovic & Tanja Cyijetic
Applicant: Patterson Planning Consultants Inc
The owner/applicant is proposing to sever a residential parcel of land intotwo lots for
development of a duplex dwelling on each lot, being: both severed and retained lands -
lot area of 395.3sqm, depth of 40.5m, and frontage of 9.75m. The existing single
detached dwelling is proposed to be demolished.
Environmental Noise
The residential dwellings on the severed and the retained lots will be located in close
proximity toConestoga Parkway/Highway 7, as well as commercial land uses. The
owner/applicant is required undertake a detailed environmental noise study to assess
the environmental noise impacts on the proposed residential dwellings on retained and
severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Alternatively, the owner/applicant is required to secure and implement the below
conditions through a registered agreement with the City of Kitchener for all dwelling
units on both retained and severed lots:
A) The dwelling will be fitted with forced air-ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant’s discretion.
B) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
1) “The purchasers / tenants are advised that sound levels due to increasing
road traffic on Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
2) “This dwelling has been fitted with a forced air-ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review fee is required as a condition of approval for the consent application.
Document Number: 4719358
Version: 1
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/developer agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Conestoga Parkway/Highway 7, as well as
commercial land uses in proximity, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
B2024-015
82 York St, 509 Park St, 54 Hope St, Kitchener
Owner: Woodhouse Investments Inc. and William Hunter
Applicant: Up Consulting Ltd c/o David Galbraith
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
St) as a lot addition to institutional parcel (509 Park St/54 Hope St), being: conveyed
lands – 210sqm area with approx. 11m width and 19.3m depth; retained lands –
320sqm area with approx. 11m width and 29.5m depth; and the benefitting lands – 1824
sqm area with irregular boundary.
Archaeological Assessment (Advisory)
Based on a review of the Region’s archaeological potential model, the subject lands of
82 York St, 509 Park St and 54 Hope St possess some potential for the recovery of
archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to
the extensive disturbance on the properties, however, the applicant should be made
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and
Multiculturalism. 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 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.
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 a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Document Number: 4719358
Version: 1
B2024-016
176 Woolwich St, Kitchener
Owner/Applicant: Hector Lopez
The owner/applicant is seeking consent to sever residential parcel into two lots, being:
severed –21,400 sq ft, 107ft width, 200ft depth; retained –28,576 sq ft, 76ft width, 376
ft depth. The consent to sever will facilitate the creation of a new lot with single
detached dwelling. The existing single detached dwelling will remain on retained lot.
Environmental Noise
The residential dwellings on the severed and the retained lots will be impacted by
transportation noise from Woolwich Street. The owner/applicant is required undertake a
detailed environmental noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots. The recommendations of
the detailed noise study will be implemented through a registered agreement with the
City of Kitchener.
Alternatively, in lieu of a noise study, the owner/applicant is required to secure and
implement the below conditions through a registered agreement with the City of
Kitchener for all dwelling units on both retained and severed lots:
1. That the dwelling will be fitted with forced air-ducted heating system suitably
sized and designed with provision for the installation of air conditioning in future,
at the occupant’s discretion.
2. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a. “The purchasers / tenants are advised that sound levels due to increasing
road traffic Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
b. “This dwelling has been fitted with a forced air-ducted heating system and
has been designed with the provision of adding central air conditioning at
the occupant’s 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 Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review feeis required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/applicant agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Woolwich St, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
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
Document Number: 4719358
Version: 1
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner,519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 28, 2024
REPORT NO.: DSD-2024-321
SUBJECT: Consent Application B2024-015 - 82 York Street
RECOMMENDATION:
That Consent Application B2024-015 for 82 York Street requesting consent to sever
a parcel of land having a width of 11 metres, a depth of 19.3 metres and an area of
210 square metres to convey as a lot addition to 509 Park Street, BE APPROVED
subject to the following conditions:
1.
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
Submission Standards to the
4. That 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.
Application Consolidation Parcels immediately following the registration of the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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 the owner shall:
a) Complete a Building Code Assessment for the existing dwelling proposed to
be retained on the retained parcel of land, prepared by a qualified person, to
confirm that the proposed property line and any of the building adjacent to this
new property line complies with the Ontario Building Code, to the satisfaction
shall include recommendations such as closing in of openings pending spatial
separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by the
Building Code Assessment.
7. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to facilitate a lot
addition to 509 Park Street.
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 located on the northeasterly side of York Street and currently
contains a detached dwelling which is proposed to remain. The property proposed to
receive the lot addition, 509 Park Street, currently contains a health care service building
(i.e. an addiction treatment center and a local pharmacy).
The location of the subject property that is subject to this consent application is shown on
Figure 1 below.
Figure 1: Location of Subject Property
Figure 2: Severance Sketch
Figure 3 Site Visit Photo
Urban
1994 Official Plan. It is proposed to be designated Strategic Growth Area A
by OPA 49 to the 2014 Official Plan as part of Growing Together Planning framework.
-5) with Special Use Provision 129U in
Zoning By-law 85-1 and proposed to be zoned Low Rise Growth Zone (SGA-1) in Zoning
By-law 2019-051, as amended by By-law 2024-065.
The purpose of the application is to sever the rear portion of 82 York Street, illustrated in
Figure 2, and add this parcel to the landholdings of 509 Park Street.
No new development or redevelopment is proposed at this time.
A site visit occurred on June 27, 2024, and photo taken (Figure 3).
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 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The subject application does not
propose any development, rather it is an adjustment of lot lines. Planning Staff is of the
opinion that the application 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 and make efficient use of land and
infrastructure, at densities and in locations which supports transit viability and active
transportation. The proposed lot addition will ultimately facilitate a future multiple
residential development in close proximity to the ION.
Planning staff is of the opinion that the development proposal conforms to the Growth
Plan.
Regional Official Plan (ROP):
Urban Area policies of the R
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 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.
The in-effect Official Plan(s) are both the 1994 and 2014 Official Plans.
The lands are subject to the general policies of the 2014 Official Plan but are still part of
the KW Secondary Plan in the 1994 Official Plan.
Urban
Structure in the 2014 Official Plan and i in the KW
Hospital Secondary Plan.
The property is proposed to be identified as Protected Major Transit Station Area (Urban
Structure) and Strategic Growth Area A (Land Use) by OPA 49.
Section 17.E.20.4 of the Official Plan discusses consent applications for lot additions. It
notes,
Consents may be permitted for the creation of a new lot, boundary
adjustments, rights of-way, easements, long-term leases and to convey
additional lands to an abutting lot provided an undersized lot is not created.
undersized lot. Moreover, staff are satisfied this lot addition will not frustrate any potential
for future re-development nor does it create a retained lot that is undersized or irregular
shaped relative to surrounding lotting fabric. Staff are therefore of the opinion that the
OPA 49 Growing Together Planning Framework
In March of 2024, Council endorsed the Growing Together framework. According to OPA
49, the subject lands are located within a Protected Major Transit Station Area (Urban
signation is
intended to accommodate intensification within a low-rise residential context. OPA 49 has
been approved by the Region of Waterloo but is not in effect at the time of writing this
report.
Zoning By-law 85-1
Residential Five Zone (R-5) with Special Use Provision
129U in Zoning By-law 85-1. The proposed lot addition will not result in a non-compliance
of the minimum lot width or lot area requirements in effect on the subject lands. Staff are of
the opinion tha-law.
Zoning By-law 2019-051, as amended by By-law 2024-065
Implementing zoning of OPA 49 for 82 York Street is Low Rise Growth Zone (SGA-1).
The retained lands will comply with the proposed zoning once it is in-effect.
The proposed lot addition is proposed to be conveyed to 509 Park Street which is
proposed to be zoned Mid Rise Growth Zone (SGA-2).
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 proposed lot addition is
appropriate in that it is in compliance with all policies, and it will facilitate future
redevelopment opportunities in a Major Transit Station Area.
Environmental Planning Comments:
No concerns or comments with this application as no development is proposed. However,
should re-development be considered; the Ci
given there are trees/vegetation on-site.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent subject to the following
condition for the building existing on the retained parcel of land:
1. A qualified designer is retained to complete a building code assessment as it relates to the
new proposed property line and any of the building adjacent to this new property line shall
addresses such items as:
satisfaction of the Chief Building Official. Closing in of openings may be required, pending
spatial separation calculation results.
2. A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment
Engineering Division Comments:
Advisory Comment: Severance Sketch, Part Of Lots 14, 16 & 17, All Of Lot 15, Registered
Plan 438 And Part Of Lot 285, Registered Plan 385, City Of Kitchener, Regional Municipality
Of Waterloo prepared by Van Harten indicates the inclusion of the 54 Mt. Hope Street parcel.
City of Kitchener policy is to have only 1 set of municipal service connections (sanitary,
storm, and water) per property. Any redundant service connections as a result of the
amalgamation/consolidation of separate properties, will require abandonment and/or removal
of redundant service connections to City/Regional standard.
The owner will be required to make satisfactory financial arrangements with the Engineering
Division for the installation or removal of service connections required to the property; this
would be a condition of any future development application for the property. Our records
indicate sanitary, storm and water municipal services are currently available to service this
property; with the exception of storm infrastructure on Park Street. Any further enquiries in
this regard should be directed to Nolan Beatty - nolan.beatty@kitchener.ca.
Parks/Operations Division Comments:
Parkland dedication is not required for this application as it is considered lot addition and no
development is currently anticipated. Parkland Dedication requirements will be assessed as
part of a future comprehensive redevelopment application for the properties benefiting from
the lot addition.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
GRCA Comments:
No concerns.
Region of Waterloo Comments:
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
Street) as a lot addition to an institutional parcel (509 Park Street/54 Mt. Hope Street),
being: conveyed lands 210 square metres area with approx. 11 metres width and 19.3
metres depth; retained lands 320 square metres area with approx. 11 metres width and
29.5 metres depth; and the benefitting lands 1,824 square metres area with irregular
boundary.
Archaeological Assessment (Advisory)
York Street, 509 Park Street and 54 Mt. Hope Street possess some potential for the
recovery of archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to the
extensive disturbance on the properties, however, the applicant should be made aware
that:
If archaeological resources are discovered during future development or site alteration
of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and Multiculturalism. 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 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.
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:
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Hydro One
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
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-laws 85-1 and 2019-051, as amended by By-law 2024-065
DSD-2024-005 Growing Together
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
July 2, 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 2024-013 to B 2024-016
Committee of Adjustment Hearing July 16, 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: 4719358
B2024-013
1188 Fischer-Hallman Rd & 525 Erinbrook, Kitchener
Owner: Schlegel Urban Developments & Activa Holdings Inc
Applicant: MHBC c/o Pierre Chauvin/Robyn McIntyre
The owner/applicant is seeking consent to sever a part of institutional parcel, 1188
Fischer Hallman Rd, to add to commercial parcel, 525 Erinbrook Rd, being: Severed
lands - irregular parcel of 6.2 sqm; Retained lands – 23,426 sqm, and Benefitting lands
–9,428 sqm. The proposed lot addition would be used to facilitate hydro services to 525
Erinbrook Rd, which is subject to Site Plan SP23/019/E/TS, approved on April 23, 2024.
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 Official Plan
There is a one-foot reserve between retained and benefitting lands owned by the
Region. In accordance with Policies in Section 5.F of the Regional Official Plan, any
proposed or relocated utilities within a Regional Road Allowance or land owned by the
Region will require Regional approval and be subject to provisions of applicable
Regional By-Laws and Guidelines to ensure matters of Regional and Provincialinterest
are addressed.
The proposed severance will facilitate the provision of hydro services to the residential
development at 525 Erinbrook Rd, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one-footreserve located between the retained and benefiting lands
lands (PIN 226050148), for which utility services will transverse, satisfactory
arrangement must be made with the Region to remove this reserve prior to final
approval of the consent application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
2. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
Document Number: 4719358
Version: 1
B2024-014
267 Dumfries Ave, Kitchener
Owner: Dario Kokorovic & Tanja Cyijetic
Applicant: Patterson Planning Consultants Inc
The owner/applicant is proposing to sever a residential parcel of land intotwo lots for
development of a duplex dwelling on each lot, being: both severed and retained lands -
lot area of 395.3sqm, depth of 40.5m, and frontage of 9.75m. The existing single
detached dwelling is proposed to be demolished.
Environmental Noise
The residential dwellings on the severed and the retained lots will be located in close
proximity toConestoga Parkway/Highway 7, as well as commercial land uses. The
owner/applicant is required undertake a detailed environmental noise study to assess
the environmental noise impacts on the proposed residential dwellings on retained and
severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Alternatively, the owner/applicant is required to secure and implement the below
conditions through a registered agreement with the City of Kitchener for all dwelling
units on both retained and severed lots:
A) The dwelling will be fitted with forced air-ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant’s discretion.
B) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
1) “The purchasers / tenants are advised that sound levels due to increasing
road traffic on Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
2) “This dwelling has been fitted with a forced air-ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review fee is required as a condition of approval for the consent application.
Document Number: 4719358
Version: 1
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/developer agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Conestoga Parkway/Highway 7, as well as
commercial land uses in proximity, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
B2024-015
82 York St, 509 Park St, 54 Hope St, Kitchener
Owner: Woodhouse Investments Inc. and William Hunter
Applicant: Up Consulting Ltd c/o David Galbraith
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
St) as a lot addition to institutional parcel (509 Park St/54 Hope St), being: conveyed
lands – 210sqm area with approx. 11m width and 19.3m depth; retained lands –
320sqm area with approx. 11m width and 29.5m depth; and the benefitting lands – 1824
sqm area with irregular boundary.
Archaeological Assessment (Advisory)
Based on a review of the Region’s archaeological potential model, the subject lands of
82 York St, 509 Park St and 54 Hope St possess some potential for the recovery of
archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to
the extensive disturbance on the properties, however, the applicant should be made
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and
Multiculturalism. 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 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.
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 a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Document Number: 4719358
Version: 1
B2024-016
176 Woolwich St, Kitchener
Owner/Applicant: Hector Lopez
The owner/applicant is seeking consent to sever residential parcel into two lots, being:
severed –21,400 sq ft, 107ft width, 200ft depth; retained –28,576 sq ft, 76ft width, 376
ft depth. The consent to sever will facilitate the creation of a new lot with single
detached dwelling. The existing single detached dwelling will remain on retained lot.
Environmental Noise
The residential dwellings on the severed and the retained lots will be impacted by
transportation noise from Woolwich Street. The owner/applicant is required undertake a
detailed environmental noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots. The recommendations of
the detailed noise study will be implemented through a registered agreement with the
City of Kitchener.
Alternatively, in lieu of a noise study, the owner/applicant is required to secure and
implement the below conditions through a registered agreement with the City of
Kitchener for all dwelling units on both retained and severed lots:
1. That the dwelling will be fitted with forced air-ducted heating system suitably
sized and designed with provision for the installation of air conditioning in future,
at the occupant’s discretion.
2. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a. “The purchasers / tenants are advised that sound levels due to increasing
road traffic Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
b. “This dwelling has been fitted with a forced air-ducted heating system and
has been designed with the provision of adding central air conditioning at
the occupant’s 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 Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review feeis required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/applicant agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Woolwich St, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
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
Document Number: 4719358
Version: 1
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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:Danielle Ingram
To:Committee of Adjustment (SM)
Subject:B2024-015 - 82 York St
Date:Thursday, July 11, 2024 1:56:16 PM
Good Afternoon,
The City of Waterloo has no comment on the above noted application. The City of Waterloo
will rely on the City of Kitchener planning staff to undertake a fulsome review and evaluate the
merits of the application, determine if the application represents good planning, and is in the
public interest.
Thank you,
Danielle Ingram (she/her)
Development Planning | Integrated Planning & Public Works | City of Waterloo
100 R EGINA S T. S. | PO B OX 337, STN W ATERLOO
W ATERLOO, ON, N2J 4A8
P: 519.747.8773 | F: 519.747.8523 | TTY: 1.886.786.3941
E: danielle.ingram@waterloo.ca
www.waterloo.ca | www.twitter.com/citywaterloo
www.youtube.com/citywaterloo | www.facebook.com/citywaterloo
Please consider your environmental responsibility before printing this e-mail.
For Committee of Adjustment submissions, please refer to
https://www.waterloo.ca/en/government/committee-of-adjustment.aspx
For General Inquiries, please email devservices@waterloo.ca or call (519)747-8752.
For Zoning matters, please email zoning@waterloo.ca.
For Site Plan matters, please email siteplan@waterloo.ca.
application is passed?
I remind the Committee of Adjustment, “Decisions around the permitted uses of land and how
a property is configured are not made lightly. For this reason, property owners and developers
who want to make such changes must apply for a zoning bylaw amendment.” Should not this
severance request be made though a Zone Change?
Respectfully,
Norman Emptage
Subject: B 2024-015 – 82 York Street – My Submission to Committee of Adjustment Meeting on
Tuesday, July 16, 2024
Re; B 2024-015 – 82 York Street Severance – Objection of Zone Change to Rear Yard
Implicit in Severance Request
Norman T. Emptage
June 12, 2024
I strongly object to the rear yard severance of 82 York Street which is zoned Residential and
its conveyance to 509 Park Street which is zoned Mixed Use. This is not an application for a
Minor Variance as an implicit Zone Change would take place upon conveyance of the subject
property. Through this application 509 Park Street would inappropriately get the 82 York rear
yard zoning changed without pre-submission consultation and duly required Zone Change
Application notification. If 509 Park Street is permitted to encroach on 82 York zoning other
encroachments may be enabled to take place in neighbourhoods throughout the City of
Kitchener through zone changing severance actions.
Also, this application if approved makes a mockery of all the Mid-Town Planning meetings
that I have attended, meetings where I was assured that my property, and nearby York Street
neighbours' properties, would retain their Residential Zoning. My neighbours and I can find
no information about the intended usage of the 82 York rear yard. One neighbour inquired and
the responding planner's answer to their specific usage inquiry was to the effect that they, the
Planning Department, have no information on intended usage. What will nearby neighbours,
my wife and I see or hear from our rear yards? Could it be an extended parking lot? A large
snow dump? Or perhaps a noisy dog park?
What we currently have in our mature residential neighbourhood is a real gem with rear yard
visual and sound barriers from Park Street through an abundance of trees and shrubs which
also encompasses the rear and side of the subject property. The nature of our very green back
yards supports a stable population rabbits, skunks, chipmunks, possums, and of course, free
ranging squirrels. Birds on our section of York Street are very numerous. This week, the week
before the Committee of Adjustment meeting that this response is about, I have seen sparrows,
starlings, chickadees, robins, cardinals, blue jays, swallows, and purple and gold finches in my
back yard while hearing our nesting York Street merlin falcons overhead and witnessing a
crow pestered by a cacophony of noisy jays. The insect life is amazing in our back yards
including the bellweather fireflies which I have seen at the rear of 82, 84 and 86 York Street.
What future impacts will my wife and I, our neighbours, and local wildlife experience if this
application is passed?
I remind the Committee of Adjustment, “Decisions around the permitted uses of land and how
a property is configured are not made lightly. For this reason, property owners and developers
who want to make such changes must apply for a zoning bylaw amendment.” Should not this
severance request be made though a Zone Change?
Respectfully,
Norman Emptage
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: July 3, 2024
REPORT NO.: DSD-2024-316
SUBJECT: Minor Variance Application A2024-057
Consent Application B2024-016
176 Woolwich Street
RECOMMENDATION:
Minor Variance Application A2024-057
A. That Minor Variance Application A2024-057 for 176 Woolwich Street requesting
relief from Section 5.4 Table 5-2 of Zoning By-law 2019-051, to permit a driveway
width of 16 metres instead of the maximum permitted width of 11.6 metres and to
permit a driveway to be setback 0 metres from the side property line instead of
the minimum required 1.9 metres, generally in accordance with the drawing
submitted with Minor Variance Application A2024-057, BE APPROVED.
Consent Application B2024-016
B. That Consent Application B2024-016 requesting consent to sever a parcel of land
having a lot width on Woolwich Street of 32.6 metres, a lot depth of 60.9, metres
and a lot area of 1,988 square metres, BE APPROVED subject to the following
conditions:
1. That Minor Variance Application A2024-057 receive final approval.
2. That the O
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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That the owner provides a digital file of the deposited reference plan(s)
prepared by an Ontario Land Surveyorin 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 Digit
Mapping Technologist.
5. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
6. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. 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 sati
prior to deed endorsement.
8. 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, and the City of Waterloo.
9. That any new driveways are to be built to City of Waterloo standards at the
10. That the Owner, if required, enter into a servicing agreement, and design to
current City of Waterloo standards and make satisfactory financial
arrangements for the installation of an extension to the municipal sanitary
sewer, including obtaining the necessary Environmental Compliance
Approval, to the satisfaction of the
services.
11. That the Owner provides confirmation that the basement elevation can be
of 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
Director of Engineering Services.
12. Prior to approval, the Owner shall convey to City of Kitchener and/or City of
Waterloo, without cost and free of encumbrance, the road widening, required by
indicated on a Reference Plan.
13. That the Owner be required to submit a Phase 1 and if required, Phase 2
Director of Engineering Services for the required road widening.
14. That the property owner shall receive final approval of the Environmental
Impact Study - 176 Woolwich Street Lot Severance, prepared by Natural
Resource Solutions Inc. (April 20, 2024) and the Tree Preservation and
Enhancement Plan - 176 Woolwich Street Lot Severance, prepared by Natural
Housing
and Development Approvals, and the Grand River Conservation Authority.
15. That the property owner enter into a Conservation Easement Agreement
together with a Management Plan, with the City of Kitchener, to be prepared
by the City Solicitor, to the satisfac
Director of Planning and registered on title of the lands to be severed. The
Management Plan shall include, but is not limited to, the Mitigation Measures
recommended in the approved Environmental Impact Study and the Tree
of Housing and Development Approvals and the City Solicitor.
16. Housing and Development
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
Housing and Development Approvals, and
registered on title of the severed lands, which shall include the following:
a) That prior to any grading, servicing, or the application for or issuance of a
building permit, the owner shall submit a plan, prepared by a qualified
consultant, Director of
Housing and Development Approvals showing:
(i) the proposed location of all buildings (including accessory
buildings and structures), decks and driveways;
(ii) the proposed grades and drainage;
(iii) 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;
(iv) justification for any trees to be removed; and
(v) outline tree protection measures for trees to be preserved; and
(vi) building elevation drawings.
(vii) stormwater management strategy including all proposed infiltration
galleries.
(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 the building permit.
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
Director of Housing and
Development Approvals.
c) That prior to application for or issuance of a building permit, the owner
shall submit an Edge Management Plan for the naturalization of the
Director of Housing and Development Approvals.
d) The owner agrees to implement the approved Edge Management Plan to
Housing and Development
Approvals, within 6 months of occupancy, or as soon as weather
conditions permit.
17. That the owner shall:
a) Complete a Building Code Assessment for the existing dwelling proposed
to be retained on the retained parcel of land, prepared by a qualified person,
to confirm that the proposed property line and any of the building adjacent
to this new property line complies with the Ontario Building Code, to the
address items such as, but not limited to, spatial separation of existing
of openings pending spatial separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by the
Building Code Assessment.
18. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
19. That prior to approval, the Owner/Applicant enter into a registered
development agreement with the City of Kitchener to implement the
following conditions for all dwelling units on both retained and severed lots:
a) That the owner/applicant agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
b) That the following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i)
increasing road traffic on Woolwich St, 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
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
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application for a driveway
widening, and to permit a severance to create one new parcel of land.
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
nda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Woolwich Street, in proximity to the
intersection of Bridge Street and Woolwich Street. The existing property contains a single
detached dwelling. The applicant proposes to retain the single detached dwelling and
sever off a portion of the property for an additional single detached dwelling. The retained
single detached dwelling property also requires Minor Variances to allow a wider driveway
then what is permitted by the By-law and to legalize its location relative to the side lot.
Figure 1: Location Map: 176 Woolwich Street.
Figure 2: Proposed lot fabrics.
The subject property Community Area Urban Structure and is
Low Rise Residential
Low Rise Residential Two Zone (RES-2-law 2019-
051.
The purpose of the application is to sever an existing lot to create an additional lot. The
retained lands will contain an existing single detached dwelling. The severed lands will
also contain a new single detached dwelling. A minor variance application is also required
to legalize the existing driveway that is located on the retained lands.
Figure 3: Existing single detached dwelling at 176 Woolwich Street and area
adjacent to be severed.
Figure 4: Side yard setback for existing driveway at 176 Woolwich Street.
Figure 5: Driveway width for existing driveway at 176 Woolwich Street.
REPORT:
Planning Comments Minor Variance Application A2024-057:
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
designation permits low density forms of housing such as single detached dwellings. The
proposed variances meet the intent of the Official Plan which encourages a range of different
forms of housing and encourages a mix of residential uses in residential areas. The
proposed variances support a permitted use, and it is the opinion of staff that the requested
variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The purpose of the maximum driveway width is to ensure that the driveway and the
required parking, and presence of vehicles, do not dominate the front yard of the dwelling
and the streetscape while allowing for landscaping, green space, and areas for natural
water infiltration to occur. The driveway configuration that is shown on the property only
has a small portion of the driveway at the maximum width of 16 metres. The driveway
closest to the dwelling is the required width, as well the entrance to the driveway at the
curb is not at the maximum width and is significantly smaller. The owner has also included
a large berm with significant landscaping to buffer the driveway from the road.
The intent of the driveway setback to not permit the driveway no closer than the required
side yard setback of 1.9 metres is to ensure adequate separation from neighboring
properties and appropriate landscaping. Only a small portion of the driveway is 0 metres
from the property line as this was intended to ensure an area to turn around within the
driveway to be able to exit the property in a forward motion. There is also a small fence
that is on the property line that separates the property from the adjacent lands. The
reduction to a 0 metre setback from the side lot line will not impact the neighbouring
property.
Staff is of the opinion that the variances meet the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variances are minor as the variances will legalize the
existing driveway and its location, and the owner has already added enhanced landscaping
to mitigate the visual impact of the driveway. The proposed variances will not present any
significant impacts to adjacent properties or the overall streetscape and neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are desirable and appropriate for the development and use of the
land as their approval will legalize the existing driveway and its location within an established
neighbourhood.
Planning Comments Consent Application B2024-016:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
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
intensification of the subject property with the creation of a lot 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
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 close 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.
-up area. The proposed
intensification density targets. The severance applications 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 identify that the focus of
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 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
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
Zoning By-law 2019-051
Low Rise Residential Two Zone (RES-2-
law 2019-051.
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.
Environmental Planning Comments:
The subject property is treed and does contain two unevaluated wetlands within proximity
of the proposed development that are regulated by the Grand River Conservation
Authority. These wetlands are not contiguous in biological and hydrological function with
the nearby Provincially Significant Wetland (PSW) features. I can advise that an
Environmental Impact Study has been prepared (176 Woolwich Street Lot Severance,
prepared by Natural Resource Solutions Inc., dated April 2024) and that tree removal and
a reduced wetland buffer strategy will be required to facilitate the development. A
Stormwater Management Strategy has been designed to match post-development runoff
to the surrounding wetlands, while groundwater recharge is enhanced. Mitigation
measures will be implemented via conditions of consent.
Heritage Planning Comments:
There are no heritage concerns with the proposed variances. It should be noted the subject
land is adjacent to 168 Woolwich Street, which is under heritage review.
Building Division Comments:
The Building Division has no objections to the proposed variance.
The Building Division has no objections to the proposed consent provided for the retained land:
1) A qualified designer is retained to complete a building code assessment as it relates to
the new proposed property line and any of the building adjacent to this new property line
shall addresses such items as:
satisfaction of the Chief Building Official. Closing in of openings may be required,
pending spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate municipal water,
sanitary, and storm service connections, in accordance with Region of Waterloo, City
of Waterloo, and City of Kitchener approved policies. Our records indicate City of
Waterloo storm and water municipal services are currently available to service the
severed parcel. The installation of an extension to the City of Waterloo gravity sanitary
sewer may be required to provide a positive outlet for the severed parcel, at the
s sole expense. Coordination with the City of Waterloo will be required
for all servicing (water, sanitary, storm) in the right-of-way.
As municipal sanitary (gravity drainage) sewer infrastructure is not currently available
fronting the severed property, the owner would be required to design to current City of
Waterloo standards, and make satisfactory financial arrangements for, the installation
of an extension to the municipal sanitary sewer, including obtaining the necessary
Municipal system alterations Approval with the City of Waterloo, all prior to severance
website at
Municipal system alterations - City of Waterloo. Any further enquiries in this regard
should be directed to Ronda Werner - ronda.werner@waterloo.ca.
A Servicing Agreement will be required for a private contractor to complete the
construction on extending the sanitary sewer. The agreement should be prepared and
signed in agreement with the City of Waterloo prior to severance approval. Should the
on division to complete the work, a
request to the City of Waterloo Stormwater Operations and Construction Division will
be required and approved by the Manager of Stormwater Operations and Construction
prior to severance approval.
Any new driveways are to be built to City of Waterloo 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.
A Phase 1 and if required, Phase 2 Environmental Site Assessment (ESA) will be
required to the satisfaction of Engineering Services for the road widening requested by
Transportation.
Parks/Operations Division 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 lots only, with a land valuation
calculated by the lineal frontage of 32.6 metres (107 feet) at a land value of $36,080.00
per frontage metre with a per unit cap of $11,862.00.
No concerns with the proposed minor variance application.
Transportation Planning Comments:
Transportation Services have no concerns with this minor variance application.
widening with an ultimate road width of 20 metres between Shirk Place and the city limits.
Therefore, a conveyance of approximately 4 metres along the entire Woolwich Street
frontage is required.
Prior to approval, the Owner shall convey to City of Kitchener and/or City of Waterloo,
without cost and free of encumbrance, the road widening indicated on a reference plan.
Region of Waterloo Comments:
Environmental Noise
The residential dwellings on the severed and the retained lots will be impacted by
transportation noise from Woolwich Street. The owner/applicant is required undertake a
detailed environmental noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots. The recommendations of the
detailed noise study will be implemented through a registered agreement with the City of
Kitchener.
Alternatively, in lieu of a noise study, the owner/applicant is required to secure and
implement the below conditions through a registered agreement with the City of Kitchener
for all dwelling units on both retained and severed lots:
1. That the dwelling will be fitted with forced air-ducted heating system suitably sized and
designed with provision for the installation of air conditioning in future, at the
2. The following noise warning clause will be included in all offers of purchase, deeds
and rental agreements:
i) nants are advised that sound levels due to increasing road
traffic Conestoga Parkway/Highway 7, as well as commercial land uses in
proximity, 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
ii) -ducted heating system and has
been designed with the provision of adding central air conditioning at the
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
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review fee is required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main floor),
located at150 Frederick St, Kitchener. 15 min parking is available at the rear of the
building, outside the Kitchener Public Library, at the intersection of Queen St N and
Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter, Planning,
Development and Legislative Services, Regional Municipality of Waterloo, 150
Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350 to
the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a) That the owner/applicant agrees to construct the dwelling with forced air-ducted
heating system suitably sized and designed with provision for the installation of air
b) That the following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
i)
traffic on Woolwich St, 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 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 Waterloo Region and the Ministry of the Environment
General Comments:
Any submission requirements may be subject to peer review, at the owner/ a
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.
GRCA Comments:
The GRCA has reviewed this application under Ontario Regulation 686/21, acting on
behalf of the Province regarding natural hazards identified in Section 3.1 of the Provincial
Policy Statement (PPS, 2020), as a public body under the Planning Act, as well as in
accordanc
Information currently available at our office indicates that the subject lands contain or are
adjacent to wetlands. The applicant has submitted an environmental impact study (EIS)
which demonstrates that the wetland unit closest to the proposed dwelling qualifies for
removal under GRCA policy. In lieu of removal, the EIS has proposed maintaining a small
buffer and completing edge plantings and infiltration measures that will maintain and
enhance the wetland.
The lot severance creates lot lines outside of the wetland and a recommended buffer.
As such, the GRCA has no objections to the applications. A GRCA permit is required prior
to 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 This
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 par
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
DSD-2021-086
DSD-19-081
Attachments
Attachment A Draft Reference Plan
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
July 2, 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 2024-013 to B 2024-016
Committee of Adjustment Hearing July 16, 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: 4719358
B2024-013
1188 Fischer-Hallman Rd & 525 Erinbrook, Kitchener
Owner: Schlegel Urban Developments & Activa Holdings Inc
Applicant: MHBC c/o Pierre Chauvin/Robyn McIntyre
The owner/applicant is seeking consent to sever a part of institutional parcel, 1188
Fischer Hallman Rd, to add to commercial parcel, 525 Erinbrook Rd, being: Severed
lands - irregular parcel of 6.2 sqm; Retained lands – 23,426 sqm, and Benefitting lands
–9,428 sqm. The proposed lot addition would be used to facilitate hydro services to 525
Erinbrook Rd, which is subject to Site Plan SP23/019/E/TS, approved on April 23, 2024.
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 Official Plan
There is a one-foot reserve between retained and benefitting lands owned by the
Region. In accordance with Policies in Section 5.F of the Regional Official Plan, any
proposed or relocated utilities within a Regional Road Allowance or land owned by the
Region will require Regional approval and be subject to provisions of applicable
Regional By-Laws and Guidelines to ensure matters of Regional and Provincialinterest
are addressed.
The proposed severance will facilitate the provision of hydro services to the residential
development at 525 Erinbrook Rd, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one-footreserve located between the retained and benefiting lands
lands (PIN 226050148), for which utility services will transverse, satisfactory
arrangement must be made with the Region to remove this reserve prior to final
approval of the consent application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
2. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
Document Number: 4719358
Version: 1
B2024-014
267 Dumfries Ave, Kitchener
Owner: Dario Kokorovic & Tanja Cyijetic
Applicant: Patterson Planning Consultants Inc
The owner/applicant is proposing to sever a residential parcel of land intotwo lots for
development of a duplex dwelling on each lot, being: both severed and retained lands -
lot area of 395.3sqm, depth of 40.5m, and frontage of 9.75m. The existing single
detached dwelling is proposed to be demolished.
Environmental Noise
The residential dwellings on the severed and the retained lots will be located in close
proximity toConestoga Parkway/Highway 7, as well as commercial land uses. The
owner/applicant is required undertake a detailed environmental noise study to assess
the environmental noise impacts on the proposed residential dwellings on retained and
severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Alternatively, the owner/applicant is required to secure and implement the below
conditions through a registered agreement with the City of Kitchener for all dwelling
units on both retained and severed lots:
A) The dwelling will be fitted with forced air-ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant’s discretion.
B) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
1) “The purchasers / tenants are advised that sound levels due to increasing
road traffic on Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
2) “This dwelling has been fitted with a forced air-ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review fee is required as a condition of approval for the consent application.
Document Number: 4719358
Version: 1
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/developer agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Conestoga Parkway/Highway 7, as well as
commercial land uses in proximity, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
B2024-015
82 York St, 509 Park St, 54 Hope St, Kitchener
Owner: Woodhouse Investments Inc. and William Hunter
Applicant: Up Consulting Ltd c/o David Galbraith
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
St) as a lot addition to institutional parcel (509 Park St/54 Hope St), being: conveyed
lands – 210sqm area with approx. 11m width and 19.3m depth; retained lands –
320sqm area with approx. 11m width and 29.5m depth; and the benefitting lands – 1824
sqm area with irregular boundary.
Archaeological Assessment (Advisory)
Based on a review of the Region’s archaeological potential model, the subject lands of
82 York St, 509 Park St and 54 Hope St possess some potential for the recovery of
archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to
the extensive disturbance on the properties, however, the applicant should be made
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and
Multiculturalism. 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 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.
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 a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Document Number: 4719358
Version: 1
B2024-016
176 Woolwich St, Kitchener
Owner/Applicant: Hector Lopez
The owner/applicant is seeking consent to sever residential parcel into two lots, being:
severed –21,400 sq ft, 107ft width, 200ft depth; retained –28,576 sq ft, 76ft width, 376
ft depth. The consent to sever will facilitate the creation of a new lot with single
detached dwelling. The existing single detached dwelling will remain on retained lot.
Environmental Noise
The residential dwellings on the severed and the retained lots will be impacted by
transportation noise from Woolwich Street. The owner/applicant is required undertake a
detailed environmental noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots. The recommendations of
the detailed noise study will be implemented through a registered agreement with the
City of Kitchener.
Alternatively, in lieu of a noise study, the owner/applicant is required to secure and
implement the below conditions through a registered agreement with the City of
Kitchener for all dwelling units on both retained and severed lots:
1. That the dwelling will be fitted with forced air-ducted heating system suitably
sized and designed with provision for the installation of air conditioning in future,
at the occupant’s discretion.
2. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a. “The purchasers / tenants are advised that sound levels due to increasing
road traffic Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, 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 (MECP)”.
b. “This dwelling has been fitted with a forced air-ducted heating system and
has been designed with the provision of adding central air conditioning at
the occupant’s 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 Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review feeis required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/applicant agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That 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 Woolwich St, 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 (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s 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 Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
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
Document Number: 4719358
Version: 1
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 25, 2024
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
CofA@kitchener.ca
Re: Minor Variance Application A2024-057
Consent Application B2024-016
176 Woolwich St, Kitchener
Hector Lopez
Grand River Conservation Authority (GRCA) staff have reviewed the above-noted
applications to sever the lot and construct a new dwelling.
Recommendation
The GRCA has no objection to the applications. A GRCA permit is required prior to
construction.
Documents Reviewed by Staff
Staff have reviewed the grading plan (JPE Engineering, revised February 23, 2023)
submitted with this application. Staff have also reviewed an environmental impact study
(NRSI, April 2024) submitted as part of the related pre-consultation application.
GRCA Comments
The GRCA has reviewed this application under Ontario Regulation 686/21, acting on
behalf of the Province regarding natural hazards identified in Section 3.1 of the
Provincial Policy Statement (PPS, 2020), as a public body under the Planning Act, as
well as in accordance with Ontario Regulation 41/24
policies.
Page 1 of 2
Information currently available at our office indicates that the subject lands contain or
are adjacent to wetlands. The applicant has submitted an environmental impact study
(EIS) which demonstrates that the wetland unit closest to the proposed dwelling
qualifies for removal under GRCA policy. In lieu of removal, the EIS has proposed
maintaining a small buffer and completing edge plantings and infiltration measures that
will maintain and enhance the wetland.
The lot severance creates lot lines outside of the wetland and a recommended buffer.
As such, the GRCA has no objections to the applications.A GRCA permit is required
prior to construction.
______________________________
This isconsidered a minor consentapplication. 2024approved
fee schedule, we will invoice the applicant $465for our review.Aseparate standard
development category fee($675)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 519-621-2761ext. 2292 or
theywood@grandriver.ca.
Sincerely,
____________________________
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl.Resource Mapping
Page 2of 2
Author: TH
Date: Jun 25, 2024
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