HomeMy WebLinkAboutDSD-2024-315 - B 2024-013 - 1188 Fischer Hallman Rd
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