HomeMy WebLinkAboutDSD-2024-317 - B 2024-014 - 267 Dumfries AveStaff Report
Development Services Department www.kitchener.co
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 Owner's solicitor 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
satisfaction of the City's Revenue Division.
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 satisfaction of the City's Mapping Technologist.
4. That the Owner obtains Demolition Control Approval, in accordance with the
City's Demolition Control By-law, to the satisfaction of the City's Director,
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.
Page 94 of 171
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
satisfaction of the City's Engineering Services.
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. That at the sole option of the City's Director of Development and Housing
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 City's Director of Development and Housing Approvals, which shall include
the following:
a) That the owner shall prepare a Tree Preservation Plan for the Severed Lot
and Retained Lot, in accordance with the City's Tree Management Policy, to
be approved by the City's Director of Development and Housing Approvals,
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
the said plan shall be granted except with the prior approval of the City's
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:
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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)".
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
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
Page 96 of 171
BACKGROUND:
Figure 1: Location Map- 267 Dumfries Avenue
The subject property is located on the west side of Dumfries Avenue, between Chapel
Street and Krug Street (south of 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 as `Community Areas' on Map 2 — Urban Structure (2014
Official Plan) and is designated `Low Rise Conservation A' in the Central Frederick
Secondary Plan (1994 Official Plan).
The property is zoned `Residential Five Zone (R-5)' in Zoning By-law 85-1.
Page 97 of 171
Legend
Law Rise Conservation A
Low Rise Conservation B 1:f
Law Density Multiple Residential
Medium Density Multiple Residential
High Density Multiple Residentiall
Office Residentiall conversion
Convenience Commercial
Arterial Commerciiall Corridor
Low Density Commercial Residentiial
Medium Densfdy Commercial Reside
High Density Commercial Residentia
Neighbourhood Institutional
Community Instifutiionall
Mixed Use Node
Neighbourhood Park
e� Boundary of Secondary Plan
Special Policy Area
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).
Page 98 of 171
The severed lot would have an approximate lot width of 9.7 metres, 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.
Figure 5: Front Elevation
Figure 6: South Elevation
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Figure 5: Front Elevation
Figure 6: South Elevation
Page 99 of 171
Planning staff conducted a site visit on June 27th, 2024.
Page 100 of 171
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
Page 101 of 171
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
the City's intensification density targets. The severance application will help make efficient
use of existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion
that the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify that the focus of the Region's future growth will be
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.
City's Official Plan (2014)
The subject property is identified as `Community Areas' on Map 2 — 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
Page 102 of 171
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-
" 17. E. 20.5
ollowing:
"17.E.20.5 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
properties."
The proposed lot widths and lot areas of the proposed severed and retained lots comply
with the minimum `R-5' zone lot width and lot area requirements and minor variances are
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
Page 103 of 171
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 to the City of
Kitchener Official Plan.
Zoning By-law 85-1
The property is zoned `Residential Five Zone (R-5)'. The 'R-5' Zone permits a range of
low-rise residential dwelling types, including single detached, semi-detached, duplex
dwelling and Additional Dwelling (attached and detached). The '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
conformity with the City's Official Plan and Zoning By-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.
Page 104 of 171
• 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 - no Ian. beatty(a-)-kitchener.ca
• Any new driveways are to be built to City of Kitchener standards. All works are at the
owner's expense and all work needs to be completed prior to occupancy of 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 395.3sgm, 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:
Page 105 of 171
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
occupant's discretion.
2. 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 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)".
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(a-)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.
Page 106 of 171
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)".
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 been posted to the City's website with the agenda in advance
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 additional information on the City's website or by emailing the
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
Page 107 of 171
VIA EMAIL
Connie Owen
Administrative Clerk,
City of Kitchener
200 King Street West
Legislative Services
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENTAND
LEGISLATIVE SERVICES
Commissioner's Office
150 Frederick Street, 8t" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwatertoo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/24 KIT
July 2, 2024
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
Page 108 of 171
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 55 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 Rd, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one -foot reserve 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
Page 109 of 171
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 into two lots for
development of a duplex dwelling on each lot, being: both severed and retained lands -
lot area of 395.3sgm, 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:
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
Page 110 of 171
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
Page 111 of 171
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 — 210sgm area with approx. 11 m width and 19.3m depth; retained lands —
320sgm area with approx. 11 m 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
Page 112 of 171
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
Page 113 of 171
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 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
Page 114 of 171
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
Planner, Community Planning
Document Number: 4719358
Version: 1
Page 115 of 171
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June 28, 2024
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — July 16, 2024
Applications for Minor Variance
A 2024-052
250 Frederick Street
A 2024-053
224 Countrystone Crescent
A 2024-054
124 Woolwich Street
A 2024-055
71 Kingsbury Drive
A 2024-056
359 Highland Road West
Applications for Consent
B 2024-013 1188 Fischer Hallman Road
B 2024-014 267 Dumfries Avenue
B 2024-015 82 York Street
via email
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 are not subject to Ontario
Regulation 41/24 and, therefore, a permission from GRCA is not required.
Should you have any questions, please contact me at aherreman(o)_grand river. ca or
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
N4(ir�irr r tai �:.c7i seI,vaIion �.)nhflira, r�Eac�.���e� II Ince OIIP Ill IO'r �6 b onseivcit'on f',flt )o[c� ic's ( I IId — A (r'ar�) d(I1M1 1 l(110 w, ItiVP�,
Page 116 of 171
I l�ove my neighbourhood of Central Frederick! My family and I chose to live here because of
the wid�e private �lot�s, mature t�reesi, brick bungalows a�nid the accessibility to the core and
transportation. The d�istinctive 'look'of this area with its 119150's homes make the
My request for thiis current project would be that the proposed duplexes bll:end', in more to od
neighbiourhood's architectural styl�e. A balance that needs to be maintained between neede
housing and maintaining the style andattractiveness of established neighbourhoods. COUl 91
the du�plexes have brick, pitched roofs or some! other traditional aspects so they, blend into
the streetscapei morePlease see Photo 1 of recent duplexes (on the same block as the
proposed severance) that previously replaced a single, family home. It would be nice if thiis
NIIII! M CIMINERO I
in, MOTIRUIS MI,
Recent Ilot (on the same block as new Current houise that is, reqluested to be
proposal)) that was severed and two duplexes demollished and it's neighbour. This
built. In my opinion, these buildings, whille proposal leaves a 1 '/,. storey house situated
helping to provide more housiinig, do not reflect between two two storey duplex builds.
the "style'of the neighbourhood's architecture.
Sincere�y,
Page 117 of 171