HomeMy WebLinkAboutDSD-2024-316 - B 2024-016 - A 2024-057- 176 Woolwich St
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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