HomeMy WebLinkAboutDSD-2024-321 - B 2024-015 - 82 York 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: Brian Bateman, Senior Planner,519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 28, 2024
REPORT NO.: DSD-2024-321
SUBJECT: Consent Application B2024-015 - 82 York Street
RECOMMENDATION:
That Consent Application B2024-015 for 82 York Street requesting consent to sever
a parcel of land having a width of 11 metres, a depth of 19.3 metres and an area of
210 square metres to convey as a lot addition to 509 Park Street, BE APPROVED
subject to the following conditions:
1.
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5.
Application Consolidation Parcels immediately following the registration of the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Severance Deed and prior to any new applicable mortgages, and to provide a
copy of the registered Application Consolidation Parcels to the City Solicitor
within a reasonable time following registration.
6. That the owner shall:
a) Complete a Building Code Assessment for the existing dwelling proposed to
be retained on the retained parcel of land, prepared by a qualified person, to
confirm that the proposed property line and any of the building adjacent to this
new property line complies with the Ontario Building Code, to the satisfaction
shall include recommendations such as closing in of openings pending spatial
separation calculation results.
b) Obtain a Building Permit for any remedial work/ upgrades required by the
Building Code Assessment.
7. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to facilitate a lot
addition to 509 Park Street.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the northeasterly side of York Street and currently
contains a detached dwelling which is proposed to remain. The property proposed to
receive the lot addition, 509 Park Street, currently contains a health care service building
(i.e. an addiction treatment center and a local pharmacy).
The location of the subject property that is subject to this consent application is shown on
Figure 1 below.
Figure 1: Location of Subject Property
Figure 2: Severance Sketch
Figure 3 Site Visit Photo
Urban
1994 Official Plan. It is proposed to be designated Strategic Growth Area A
by OPA 49 to the 2014 Official Plan as part of Growing Together Planning framework.
-5) with Special Use Provision 129U in
Zoning By-law 85-1 and proposed to be zoned Low Rise Growth Zone (SGA-1) in Zoning
By-law 2019-051, as amended by By-law 2024-065.
The purpose of the application is to sever the rear portion of 82 York Street, illustrated in
Figure 2, and add this parcel to the landholdings of 509 Park Street.
No new development or redevelopment is proposed at this time.
A site visit occurred on June 27, 2024, and photo taken (Figure 3).
REPORT:
Planning Comments
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The subject application does not
propose any development, rather it is an adjustment of lot lines. Planning Staff is of the
opinion that the application is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living and make efficient use of land and
infrastructure, at densities and in locations which supports transit viability and active
transportation. The proposed lot addition will ultimately facilitate a future multiple
residential development in close proximity to the ION.
Planning staff is of the opinion that the development proposal conforms to the Growth
Plan.
Regional Official Plan (ROP):
Urban Area policies of the R
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking-
water supply and wastewater systems, and a broad range of social and public health
services.
Regional policies require Area Municipalities to plan for a range of housing in terms of
form, tenure, density and affordability to satisfy the various physical, social, economic and
personal support needs of current and future residents. Planning staff are of the opinion
that the severance application conforms to the Regional Official Plan.
The in-effect Official Plan(s) are both the 1994 and 2014 Official Plans.
The lands are subject to the general policies of the 2014 Official Plan but are still part of
the KW Secondary Plan in the 1994 Official Plan.
Urban
Structure in the 2014 Official Plan and i in the KW
Hospital Secondary Plan.
The property is proposed to be identified as Protected Major Transit Station Area (Urban
Structure) and Strategic Growth Area A (Land Use) by OPA 49.
Section 17.E.20.4 of the Official Plan discusses consent applications for lot additions. It
notes,
Consents may be permitted for the creation of a new lot, boundary
adjustments, rights of-way, easements, long-term leases and to convey
additional lands to an abutting lot provided an undersized lot is not created.
undersized lot. Moreover, staff are satisfied this lot addition will not frustrate any potential
for future re-development nor does it create a retained lot that is undersized or irregular
shaped relative to surrounding lotting fabric. Staff are therefore of the opinion that the
OPA 49 Growing Together Planning Framework
In March of 2024, Council endorsed the Growing Together framework. According to OPA
49, the subject lands are located within a Protected Major Transit Station Area (Urban
signation is
intended to accommodate intensification within a low-rise residential context. OPA 49 has
been approved by the Region of Waterloo but is not in effect at the time of writing this
report.
Zoning By-law 85-1
Residential Five Zone (R-5) with Special Use Provision
129U in Zoning By-law 85-1. The proposed lot addition will not result in a non-compliance
of the minimum lot width or lot area requirements in effect on the subject lands. Staff are of
the opinion tha-law.
Zoning By-law 2019-051, as amended by By-law 2024-065
Implementing zoning of OPA 49 for 82 York Street is Low Rise Growth Zone (SGA-1).
The retained lands will comply with the proposed zoning once it is in-effect.
The proposed lot addition is proposed to be conveyed to 509 Park Street which is
proposed to be zoned Mid Rise Growth Zone (SGA-2).
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the proposed lot addition is
appropriate in that it is in compliance with all policies, and it will facilitate future
redevelopment opportunities in a Major Transit Station Area.
Environmental Planning Comments:
No concerns or comments with this application as no development is proposed. However,
should re-development be considered; the Ci
given there are trees/vegetation on-site.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent subject to the following
condition for the building existing on the retained parcel of land:
1. A qualified designer is retained to complete a building code assessment as it relates to the
new proposed property line and any of the building adjacent to this new property line shall
addresses such items as:
satisfaction of the Chief Building Official. Closing in of openings may be required, pending
spatial separation calculation results.
2. A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment
Engineering Division Comments:
Advisory Comment: Severance Sketch, Part Of Lots 14, 16 & 17, All Of Lot 15, Registered
Plan 438 And Part Of Lot 285, Registered Plan 385, City Of Kitchener, Regional Municipality
Of Waterloo prepared by Van Harten indicates the inclusion of the 54 Mt. Hope Street parcel.
City of Kitchener policy is to have only 1 set of municipal service connections (sanitary,
storm, and water) per property. Any redundant service connections as a result of the
amalgamation/consolidation of separate properties, will require abandonment and/or removal
of redundant service connections to City/Regional standard.
The owner will be required to make satisfactory financial arrangements with the Engineering
Division for the installation or removal of service connections required to the property; this
would be a condition of any future development application for the property. Our records
indicate sanitary, storm and water municipal services are currently available to service this
property; with the exception of storm infrastructure on Park Street. Any further enquiries in
this regard should be directed to Nolan Beatty - nolan.beatty@kitchener.ca.
Parks/Operations Division Comments:
Parkland dedication is not required for this application as it is considered lot addition and no
development is currently anticipated. Parkland Dedication requirements will be assessed as
part of a future comprehensive redevelopment application for the properties benefiting from
the lot addition.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
GRCA Comments:
No concerns.
Region of Waterloo Comments:
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
Street) as a lot addition to an institutional parcel (509 Park Street/54 Mt. Hope Street),
being: conveyed lands 210 square metres area with approx. 11 metres width and 19.3
metres depth; retained lands 320 square metres area with approx. 11 metres width and
29.5 metres depth; and the benefitting lands 1,824 square metres area with irregular
boundary.
Archaeological Assessment (Advisory)
York Street, 509 Park Street and 54 Mt. Hope Street possess some potential for the
recovery of archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to the
extensive disturbance on the properties, however, the applicant should be made aware
that:
If archaeological resources are discovered during future development or site alteration
of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and Multiculturalism. If it
is determined that additional investigation and reporting of the archaeological
resources is needed, a licensed archaeologist will be required to conduct this field
work in compliance with S. 48(a) of the Ontario Heritage Act; and/or,
If human remains/or a grave site is discovered during development or site alteration of
the subject property, the applicant will need to immediately cease alteration and must
contact the proper authorities (police or coroner) and the Registrar at the Bereavement
Authority of Ontario in Compliance with the Funeral, Burial and Cremation Services
Act, 2002 S. 96 and associated Regulations.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the Clean
Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source Water
Protection Plan Compliance issued under S. 59(2) is required by the Region
Regional Staff has no objection to this application subject to the following condition:
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Hydro One
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051, as amended by By-law 2024-065
DSD-2024-005 Growing Together
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
W. Phone: 226-751-3388
File: D20-20/24 KIT
July 2, 2024
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications - B 2024-013 to B 2024-016
Committee of Adjustment Hearing July 16, 2024
City of Kitchener
Please accept the following comments for the above-noted Consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Document Number: 4719358
B2024-013
1188 Fischer-Hallman Rd & 525 Erinbrook, Kitchener
Owner: Schlegel Urban Developments & Activa Holdings Inc
Applicant: MHBC c/o Pierre Chauvin/Robyn McIntyre
The owner/applicant is seeking consent to sever a part of institutional parcel, 1188
Fischer Hallman Rd, to add to commercial parcel, 525 Erinbrook Rd, being: Severed
lands - irregular parcel of 6.2 sqm; Retained lands – 23,426 sqm, and Benefitting lands
–9,428 sqm. The proposed lot addition would be used to facilitate hydro services to 525
Erinbrook Rd, which is subject to Site Plan SP23/019/E/TS, approved on April 23, 2024.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a).A Notice of Source
Water Protection Plan Compliance issued under S. 59(2) is required by the Region.
Regional Official Plan
There is a one-foot reserve between retained and benefitting lands owned by the
Region. In accordance with Policies in Section 5.F of the Regional Official Plan, any
proposed or relocated utilities within a Regional Road Allowance or land owned by the
Region will require Regional approval and be subject to provisions of applicable
Regional By-Laws and Guidelines to ensure matters of Regional and Provincialinterest
are addressed.
The proposed severance will facilitate the provision of hydro services to the residential
development at 525 Erinbrook Rd, subject to approved Site Plan SP23/019/E/TS. As
the Region owns a one-footreserve located between the retained and benefiting lands
lands (PIN 226050148), for which utility services will transverse, satisfactory
arrangement must be made with the Region to remove this reserve prior to final
approval of the consent application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
2. That the Owner/Applicant make arrangements with the Regional Municipality of
Waterloo with respect to the one-foot reserve located between the retained and
benefitting lands, to the satisfaction of the Regional Municipality of Waterloo.
Document Number: 4719358
Version: 1
B2024-014
267 Dumfries Ave, Kitchener
Owner: Dario Kokorovic & Tanja Cyijetic
Applicant: Patterson Planning Consultants Inc
The owner/applicant is proposing to sever a residential parcel of land intotwo lots for
development of a duplex dwelling on each lot, being: both severed and retained lands -
lot area of 395.3sqm, depth of 40.5m, and frontage of 9.75m. The existing single
detached dwelling is proposed to be demolished.
Environmental Noise
The residential dwellings on the severed and the retained lots will be located in close
proximity toConestoga Parkway/Highway 7, as well as commercial land uses. The
owner/applicant is required undertake a detailed environmental noise study to assess
the environmental noise impacts on the proposed residential dwellings on retained and
severed lots. The recommendations of the detailed noise study will be implemented
through a registered agreement with the City of Kitchener.
Alternatively, the owner/applicant is required to secure and implement the below
conditions through a registered agreement with the City of Kitchener for all dwelling
units on both retained and severed lots:
A) The dwelling will be fitted with forced air-ducted heating system suitably sized
and designed with provision for the installation of air conditioning in future, at the
occupant’s discretion.
B) The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
1) “The purchasers / tenants are advised that sound levels due to increasing
road traffic on Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level limits of
the Waterloo Region and the Ministry of the Environment Conservation and
Parks (MECP)”.
2) “This dwelling has been fitted with a forced air-ducted heating system and has
been designed with the provision of adding central air conditioning at the
occupant’s discretion. Installation of central air conditioning by the occupant
in low and medium density developments will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350 The consent
review fee is required as a condition of approval for the consent application.
Document Number: 4719358
Version: 1
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/developer agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That the following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. “The purchasers / tenants are advised that sound levels due to
increasing road traffic Conestoga Parkway/Highway 7, as well as
commercial land uses in proximity, may occasionally interfere with
some activities of the dwelling occupants as the sound levels may
exceed the sound level limits of the Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s discretion. Installation of central
air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
B2024-015
82 York St, 509 Park St, 54 Hope St, Kitchener
Owner: Woodhouse Investments Inc. and William Hunter
Applicant: Up Consulting Ltd c/o David Galbraith
The Owner/Applicant is seeking consent to sever a part of residential parcel (82 York
St) as a lot addition to institutional parcel (509 Park St/54 Hope St), being: conveyed
lands – 210sqm area with approx. 11m width and 19.3m depth; retained lands –
320sqm area with approx. 11m width and 29.5m depth; and the benefitting lands – 1824
sqm area with irregular boundary.
Archaeological Assessment (Advisory)
Based on a review of the Region’s archaeological potential model, the subject lands of
82 York St, 509 Park St and 54 Hope St possess some potential for the recovery of
archaeological resources due to proximity to historic landform and building.
The Region does not require the submission of an archaeological assessment due to
the extensive disturbance on the properties, however, the applicant should be made
aware that:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and
Multiculturalism. If it is determined that additional investigation and reporting of
the archaeological resources is needed, a licensed archaeologist will be required
to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act;
and/or,
If human remains/or a grave site is discovered during development or site
alteration of the subject property, the applicant will need to immediately cease
alteration and must contact the proper authorities (police or coroner) and the
Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and/or Regional policies (ROP Map 6a). A Notice of Source
Water Protection Plan Compliance issued under S. 59(2) is required by the Region.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
Document Number: 4719358
Version: 1
B2024-016
176 Woolwich St, Kitchener
Owner/Applicant: Hector Lopez
The owner/applicant is seeking consent to sever residential parcel into two lots, being:
severed –21,400 sq ft, 107ft width, 200ft depth; retained –28,576 sq ft, 76ft width, 376
ft depth. The consent to sever will facilitate the creation of a new lot with single
detached dwelling. The existing single detached dwelling will remain on retained lot.
Environmental Noise
The residential dwellings on the severed and the retained lots will be impacted by
transportation noise from Woolwich Street. The owner/applicant is required undertake a
detailed environmental noise study to assess the environmental noise impacts on the
proposed residential dwellings on retained and severed lots. The recommendations of
the detailed noise study will be implemented through a registered agreement with the
City of Kitchener.
Alternatively, in lieu of a noise study, the owner/applicant is required to secure and
implement the below conditions through a registered agreement with the City of
Kitchener for all dwelling units on both retained and severed lots:
1. That the dwelling will be fitted with forced air-ducted heating system suitably
sized and designed with provision for the installation of air conditioning in future,
at the occupant’s discretion.
2. The following noise warning clause will be included in all offers of purchase,
deeds and rental agreements:
a. “The purchasers / tenants are advised that sound levels due to increasing
road traffic Conestoga Parkway/Highway 7, as well as commercial land
uses in proximity, may occasionally interfere with some activities of the
dwelling occupants as the sound levels may exceed the sound level limits
of the Waterloo Region and the Ministry of the Environment Conservation
and Parks (MECP)”.
b. “This dwelling has been fitted with a forced air-ducted heating system and
has been designed with the provision of adding central air conditioning at
the occupant’s discretion. Installation of central air conditioning by the
occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound
levels are within the sound level limits of the Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review feeis required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the City of Kitchener to implement the following conditions for all
dwelling units on both retained and severed lots:
a. That the owner/applicant agrees to construct the dwelling with forced air-
ducted heating system suitably sized and designed with provision for the
installation of air conditioning in future, at the occupant’s discretion.
b. That the following noise warning clause will be included in all offers of
purchase, deeds and rental agreements:
i. “The purchasers / tenants are advised that sound levels due to
increasing road traffic on Woolwich St, may occasionally interfere
with some activities of the dwelling occupants as the sound levels
may exceed the sound level limits of the Waterloo Region and the
Ministry of the Environment Conservation and Parks (MECP)”.
ii. “This dwelling has been fitted with a forced air-ducted heating
system and has been designed with the provision of adding central
air conditioning at the occupant’s discretion. Installation of central
air conditioning by the occupant in low and medium density
developments will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the
sound level limits of the Waterloo Region and the Ministry of the
Environment Conservation and Parks (MECP)”.
Document Number: 4719358
Version: 1
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law 23-062. If any other applications are required to facilitate the
application, note that fees are subject to change and additional requirements may apply.
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above. Should you require
Regional Staff to be in attendance at the meeting or have any questions, please do not
hesitate to contact the undersigned.
Thank you,
Erica Ali
Erica Ali
Planner, Community Planning
Document Number: 4719358
Version: 1
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario
Regulation 41/24and,therefore,a permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Danielle Ingram
To:Committee of Adjustment (SM)
Subject:B2024-015 - 82 York St
Date:Thursday, July 11, 2024 1:56:16 PM
Good Afternoon,
The City of Waterloo has no comment on the above noted application. The City of Waterloo
will rely on the City of Kitchener planning staff to undertake a fulsome review and evaluate the
merits of the application, determine if the application represents good planning, and is in the
public interest.
Thank you,
Danielle Ingram (she/her)
Development Planning | Integrated Planning & Public Works | City of Waterloo
100 R EGINA S T. S. | PO B OX 337, STN W ATERLOO
W ATERLOO, ON, N2J 4A8
P: 519.747.8773 | F: 519.747.8523 | TTY: 1.886.786.3941
E: danielle.ingram@waterloo.ca
www.waterloo.ca | www.twitter.com/citywaterloo
www.youtube.com/citywaterloo | www.facebook.com/citywaterloo
Please consider your environmental responsibility before printing this e-mail.
For Committee of Adjustment submissions, please refer to
https://www.waterloo.ca/en/government/committee-of-adjustment.aspx
For General Inquiries, please email devservices@waterloo.ca or call (519)747-8752.
For Zoning matters, please email zoning@waterloo.ca.
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application is passed?
I remind the Committee of Adjustment, “Decisions around the permitted uses of land and how
a property is configured are not made lightly. For this reason, property owners and developers
who want to make such changes must apply for a zoning bylaw amendment.” Should not this
severance request be made though a Zone Change?
Respectfully,
Norman Emptage
Subject: B 2024-015 – 82 York Street – My Submission to Committee of Adjustment Meeting on
Tuesday, July 16, 2024
Re; B 2024-015 – 82 York Street Severance – Objection of Zone Change to Rear Yard
Implicit in Severance Request
Norman T. Emptage
June 12, 2024
I strongly object to the rear yard severance of 82 York Street which is zoned Residential and
its conveyance to 509 Park Street which is zoned Mixed Use. This is not an application for a
Minor Variance as an implicit Zone Change would take place upon conveyance of the subject
property. Through this application 509 Park Street would inappropriately get the 82 York rear
yard zoning changed without pre-submission consultation and duly required Zone Change
Application notification. If 509 Park Street is permitted to encroach on 82 York zoning other
encroachments may be enabled to take place in neighbourhoods throughout the City of
Kitchener through zone changing severance actions.
Also, this application if approved makes a mockery of all the Mid-Town Planning meetings
that I have attended, meetings where I was assured that my property, and nearby York Street
neighbours' properties, would retain their Residential Zoning. My neighbours and I can find
no information about the intended usage of the 82 York rear yard. One neighbour inquired and
the responding planner's answer to their specific usage inquiry was to the effect that they, the
Planning Department, have no information on intended usage. What will nearby neighbours,
my wife and I see or hear from our rear yards? Could it be an extended parking lot? A large
snow dump? Or perhaps a noisy dog park?
What we currently have in our mature residential neighbourhood is a real gem with rear yard
visual and sound barriers from Park Street through an abundance of trees and shrubs which
also encompasses the rear and side of the subject property. The nature of our very green back
yards supports a stable population rabbits, skunks, chipmunks, possums, and of course, free
ranging squirrels. Birds on our section of York Street are very numerous. This week, the week
before the Committee of Adjustment meeting that this response is about, I have seen sparrows,
starlings, chickadees, robins, cardinals, blue jays, swallows, and purple and gold finches in my
back yard while hearing our nesting York Street merlin falcons overhead and witnessing a
crow pestered by a cacophony of noisy jays. The insect life is amazing in our back yards
including the bellweather fireflies which I have seen at the rear of 82, 84 and 86 York Street.
What future impacts will my wife and I, our neighbours, and local wildlife experience if this
application is passed?
I remind the Committee of Adjustment, “Decisions around the permitted uses of land and how
a property is configured are not made lightly. For this reason, property owners and developers
who want to make such changes must apply for a zoning bylaw amendment.” Should not this
severance request be made though a Zone Change?
Respectfully,
Norman Emptage