HomeMy WebLinkAboutDSD-2024-357 - B 2024-021 - 62 Gage Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: August 7, 2024
REPORT NO.: DSD-2024-357
SUBJECT: Consent Application B2024-021 - 62 Gage Avenue
RECOMMENDATION:
That Consent Application B2024-021 for 62 Gage Avenue requesting consent to
sever a parcel of land having a lot width of 15.0 metres along Gage Avenue, a lot
depth of 28.5 metres and a lot area of 420 square metres, BE APPROVED subject to
the following conditions:
1. That the O documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
4. That the Owner obtains Demolition Control Approval, in accordance with the
-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
Official, and removes the existing dwelling prior to deed endorsement.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
6. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset
information
prior to deed endorsement.
8. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the
City's Director of Engineering Services.
9. That any new driveways are to be built to City of Kitchener standards at the
10. That the Owner provides confirmation that the basement elevation can be drained
by gravity
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer
from the property line to t
Engineering Services.
11.
into an agreement with the City of Kitchener, to be prepared by the City
Solicitor, to the sat
Planning, which shall include the following:
a) That the owner shall prepare a Tree Preservation Plan for the severed
Policy, to
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
12. That the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 1.5-metre-wide to 2.7-metre-wide road
widening along the entire Gage Avenue frontages (retained and severed), as
shown indicated on a reference plan by an Ontario Land Surveyor (OLS), to the
Prior to conveyance, the property Owner shall prepare, at their cost, a Phase I
and if necessary, a Phase II Environmental Site Assessment (ESA) for the
portion of the lands being dedicated for a road widening of Gage Avenue, to the
13. That the owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
14. That the Owner shall fulfil one of the following options:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which
shall include the following:
i) That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent
to the severed and retained lands, to
Parks & Cemeteries. Said plan shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped
area and vegetation to be preserved. No changes to the said plan shall be
gr
Cemeteries.
ii) The owner shall implement the Tree Protection and Enhancement Plan,
prior to any grading, servicing, tree removal or the issuance of building
permits, to the satisfaction of th
iii) The owner shall maintain the severed and retained lands, in accordance
with the approved Tree Protection and Enhancement Plan, for the life the
development.
OR
b) Make arrangements regarding financial compensation for the trees to be
This will require a basic Tree Protection and Enhancement Plan, Arborist
Report and ISA valuation of trees on City lands.
15. That, prior to final approval, the applicant submits the Consent Application
Review Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review a severance application to permit the creation
of one new parcel of land.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on Gage Avenue, at the corner portion of the road with
itself. The existing property contains a single detached dwelling. The applicant proposes to
demolish the single detached dwelling and sever the property to create 2 new semi-
detached dwellings. This application is only to create 2 separate lots. Future consent
applications are required to be submitted to enable each half of the semi-detached
dwellings to be dealt with separately.
Figure 1: Location Map: 62 Gage Avenue
The subject property is iden Urban Structure and is
--law 2019-
051.
The purpose of the application is to sever an existing lot to create an additional lot. Both
the severed and retained lands will contain a new 2 storey semi-detached dwelling. The
existing single detached dwelling is proposed to be demolished.
Figure 2: Proposed lot fabrics
Figure 3: Existing single detached dwelling at 62 Gage Avenue to be demolished
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
intensification of the subject property with the creation of a lot that is compatible with the
surrounding community and will make use of the existing infrastructure. No new public
roads would be required for the proposed development. Planning staff is of the opinion
that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. The
subject lands are in close proximity to transit and the subject lands are in close proximity
to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the
minimum intensification and targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units.
-up area. The proposed
intensification density targets. The severance 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
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 Municipalitiesto plan for a range of housing in
terms of form, tenure, density and affordability to satisfy the various physical, social,
economic and personal support needs of current and future residents. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
Community Area Urban Structure and is
Low Rise Residential
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
Zoning By-law 2019-051
Low Rise Residential Four Zone (RES-4-
law 2019-051. The lot dimensions will conform to the Zoning By-law regulations and there
are no concerns.
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 lot is
desirable and appropriate.
Environmental Planning Comments:
Standard condition for consent to enter into an agreement to complete a tree
preservation/enhancement plan prior to demolition/building permit/grading/servicing etc.
on BOTH severed AND retained parcels.
Heritage Planning Comments:
The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and
prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS
serves to establish an inventory and was the first step of a phased Cultural Heritage
Landscape (CHL) conservation process. The property municipally addressed as 62 Gage
Avenue. is located within the Warehouse District The owner and the public will be
consulted as the City considers listing CHLs on the Municipal Heritage Register,
identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific
conservation options.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
sanitary and water municipal services are currently available to service this property.
Any further enquiries in this regard should be directed to christine.goulet@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
A grading and drainage control plan will be required to the satisfaction of the
Engineering Division prior to severance approval. Final approval of on-site grading
from the Building Division will be required at building permit stage.
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.
The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
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 15.05 metres at a land value of $36,080.00 per
frontage metre with a per unit cap of $11,862.00.
There is considerable existing treed vegetation on the property and some within the Gage
Avenue right of way and on the shared front property line.
City-owned trees will be impacted by the proposed development and the owner shall fulfill
one of the following options:
1. Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which shall
include the following:
a. That the owner shall prepare a Tree Protection and Enhancement Plan,
demonstrating protection of the City-owned tree that is located adjacent to
Parks & Cemeteries. Said plan shall include, among other matters, the
identification of a proposed building envelope/work zone, landscaped area
and vegetation to be preserved. No changes to the said plan shall be
Cemeteries.
b. The owner shall implement the Tree Protection and Enhancement Plan, prior to
any grading, servicing, tree removal or the issuance of building permits, to the
c. The owner shall maintain the severed and retained lands, in accordance with
the approved Tree Protection and Enhancement Plan, for the life the
development.
OR
2. Make arrangements regarding financial compensation for the trees to be removed,
ll require a
basic Tree Protection and Enhancement Plan, Arborist Report and ISA valuation of
trees on City lands.
Transportation Planning Comments:
with an ultimate road width of 18 metres between Belmont Avenue and Waverly Road.
Therefore, a conveyance of approximately 1.5 metres to 2.7 metres along the entire Gage
Avenue frontages (retained and severed) is required. A reference plan be submitted by an
Ontario Land Surveyor (OLS) illustrating the road widening.
The Owner shall prepare at their cost, a Phase I and if necessary, a Phase II Environmental
Site Assessment (ESA) for the portion of the lands being conveyed to the City of Kitchener
for a road
See below (purple hatching) a rough estimate of the size and location of the road widening
along the Gage Avenue frontages.
Region of Waterloo Comments:
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with semi-detached two-storey dwellings. The existing single-
detached dwelling on the property would be demolished. The severed and retained lands
would each be approximately 300 square metres.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This 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 Regional Head Office lobby/security (on
the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is available
at the rear of the building, outside the Kitchener Public Library, at the intersection of
Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o 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:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350.00 to
the Regional Municipality of Waterloo.
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-law 2019-051
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
Will Towns
wtowns@regionofwaterloo.ca
519-616-1868
File: D20-20/24 KIT
August 6, 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 B2024-018 to B2024-022
Committee of Adjustment Hearing – August 20, 2024
City of Kitchener
Please accept the following comments pertaining to the above-noted consent
applications for consideratiion at the upcoming Committee of Adjustment Hearing.
Document Number: 4749612 Version: 1 Page 1 of 9
B2024-017 & B2024-018
135 Gateway Park Drive
Owner: 1289193 Ontario Inc.
Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet
These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational
restaurant, and a wholesale warehouse. The applicant has submitted two applications –
B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397
parking spaces, and the second would create an easement for access in favour of the
severed lands over the retained lands. The easement would maintain current vehicular
circulation and access and avoid the need for new access points. No physical
redevelopment is proposed.
Archaeological Assessment (Advisory)
These lands have beenpreviously assessed for archaeological resources. However, to
Regional staff’s knowledge, the site has not been cleared of archaeological concerns.
While clearance is not required to support this consent application given the level of
disturbance on the site, any future Planning Act application proposing physical
development will require the submission of the completed Archaeological Assessment
and associated acknowledgment letter from the Ministry of Citizenship and
Multiculturalism. If possible and in the applicant’s possession, please provide a copy of
the acknowledgement letter for our records.
Regional fee
Regional staff acknowledge receipt of the required consent review fees ($350 per
application and $700 in total) on July 11, 2024.
Regional staff haveno objection to this application.
Document Number: 4749612 Version: 1 Page 2 of 9
B2024-019
250 Shirley Avenue
Owner: HiddayathHoldings c/o Farhan Hidayath
Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw
The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave
(an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting
property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed
lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting
lands at 260 Shirley Avenue are both used industrially.
Regional fee
Regional staff acknowledge receipt of the required consent review fee ($350) on June
25, 2024.
Regional staff haveno objection to this application.
Document Number: 4749612 Version: 1 Page 3 of 9
B2024-020
573 Guelph Street
Owner/applicant: Jon Crummer
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with one semi-detached two-storey dwelling. The existing
single-detached dwelling on the property would be demolished. The severed and
retained lands would each be approximately 300 square metres, with access via Guelph
Street.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This 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 Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff have no objection to this application, subject to the following
condition:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Document Number: 4749612 Version: 1 Page 4 of 9
B2023-021
62 Gage Avenue
Owner/applicant: Jon Crummer
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with semi-detached two-storey dwellings. The existing
single-detached dwelling on the property would be demolished. The severed and
retained lands would each be approximately 300 square metres.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This 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 Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o 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:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Document Number: 4749612 Version: 1 Page 5 of 9
B2024-022
1180 Union Street
Owner: Vladan Knezevic
Applicant: Urban Insights c/o Ryan Mounsey
The applicant proposes to sever an existing 537 square-metre lot and create a new lot
of record. The severed lands (235 square metres) would subsequently be developed
with a new duplex dwelling with access to Maple Avenue, while the retained lot would
be 303 square metres and maintain the existing single-detached dwelling and driveway
access to Union Street. Relief from front/side yard setback and lot coverage
requirements are required in a separate application.
Note that Regional staff provided pre-submission comments to the City and applicant
pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended).
Record of Site Condition (Advisory)
The above-ground heating fuel tank in the basement of the existing dwelling is noted on
the Environmental Site Screening Questionnaire. Staff have further evaluated the
proposed threat since initial pre-consultation in March 2024, and consider it to be a low
risk with respect to the Region’s Threats Inventory Database. As such, a Record of Site
Condition is not required for this application in accordance with the Region’s
Implementation Guideline for the Review of Development Applications on or Adjacent to
Known and Potentially Contaminated Sites.
Environmental and Stationary Noise
At this location, the proposed development may encounter environmental noise sources
from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga
Parkway), and potential stationary noise sources from existing land uses in the vicinity.
In lieu of a detailed noise study, the Region will require as a condition of consent
approval that the owner/applicant enter into a registered Development Agreement with
the Region of Waterloo to implement the following noise mitigation measures for all
dwelling units on the severed and retained lands:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
Parks’ NPC-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase
and sale and/or rental agreements:
“Purchasers/tenants are advised that sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of Environment, Conservation and Parks.”
Document Number: 4749612 Version: 1 Page 6 of 9
“This dwelling unit has been supplied with a central air conditioning system
which will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits of the
Municipality and Ministry of Environment, Conservation and Parks.”
“Purchasers/tenants are advised that due to the proximity of the adjacent
industries, noise from these industries may at times be audible.”
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This 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 Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o 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 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 Region of Waterloo to implement the following conditions for
all dwelling units on both retained and severed lots:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
Parks’ NPC-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase
and sale and/or rental agreements:
i) “Purchasers/tenants are advised that sound levels due to increasing
road traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Municipality and the Ministry of Environment, Conservation and
Parks.”
ii) “This dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound
Document Number: 4749612 Version: 1 Page 7 of 9
level limits of the Municipality and Ministry of Environment,
Conservation and Parks.”
iii) “Purchasers/tenants are advised that due to the proximity of the
adjacent industries, noise from these industries may at times be
audible.”
Document Number: 4749612 Version: 1 Page 8 of 9
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.
Sincerely,
Will Towns, RPP
Senior Planner, Community Planning
wtowns@regionofwaterloo.ca
519-818-1868
Document Number: 4749612 Version: 1 Page 9 of 9
August 2, 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 August 20, 2024
Applications for Minor Variance
A 2024-058175Hoffman StreetA 2024-06467 Kimberly Crescent
A 2024-06095 Brunswick AvenueA 2024-065570 Frederick Street
A 2024-06125 Palace StreetA 2024-0661180 Union Street
A 2024-06240 Palace StreetA 2024-0671180 Union Street
A 2024-063908 Chapel Hill Court
Applicationsfor Consent
B 2024-017135 Gateway Park DriveB 2024-020573 Guelph Street
B 2024-018135 Gateway Park DriveB 2024-02162 Gage Avenue
B 2024-019250 Shirley AvenueB 2024-0221180 Union 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:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 62 Gage Avenue - B 2024-021
Date:Wednesday, July 31, 2024 2:54:37 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-021 dated July 25, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at
this
time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
Stormcentre (hydroone.com)
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local
Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com
From:Alexandre Thibault on behalf of Proximity
To:Committee of Adjustment (SM)
Subject:2024-08-02_CN Comments_FILE: B 2024-021 - 62 Gage Avenue- Kitchener _Committee of Adjustment - Tuesday, August 20, 2024
Date:Friday, August 2, 2024 2:54:33 PM
Attachments:image001.png
image002.png
Hello ,
Thank you for consulting CN on the application mentioned in subject. It is noted that the subject site is within 300 meters of CN’s Main Line. CN has concerns of
developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to railway operations cultivates an
environment in which land use incompatibility issues are exacerbated. The Guidelines for New Development in Proximity to Railway Operations reinforce the
safety and well-being of any existing and future occupants of the area. Please refer to these guidelines for the development of sensitive uses in proximity to
railway operations. These policies have been developed by the Railway Association of Canada and the Federation of Canadian Municipalities. CN encourages the
municipality to pursue the implementation of the following criteria as conditions of an eventual project approval:
The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit
within 300m of the railway right-of-way:
“Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres
from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may
affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising
from use of such facilities and/or operations on, over or under the aforesaid rights-of-way.”
The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in
favour of CN.
Also, it is recommended that the proponents integrate into the dwellings design and construction the following mitigation measures :
Acoustically upgraded windows meeting the minimum requirements of the Building Code and providing a maximum 35 dBA indoor limit for bedrooms and 40
dBA for living rooms,
Forced air ventilation systems with central air conditioning,
The exterior provision wall siding of buildings closest to the railway line to be brick or a masonry equivalent for the exposed facades.
We request that CN rail and the proximity@cn.ca email be circulated on any and all public notices and notice of decisions with respect to this and future land
use planning applications with respect to the subject site.
Thank you and do not hesitate to contact me with any questions.
Best regards,
Alexandre Thibault
Associé en urbanisme / Urban Planner Associate
B.Sc. Urb
PROXIMITY
E+proximity@cn.ca
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: Friday, August 2, 2024 9:15 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: Agenda - Committee of Adjustment - Tuesday, August 20, 2024
CAUTION: This email originated from outside CN:DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe.
AVERTISSEMENT : ce courriel provient d’une source externe au CN:NE CLIQUEZ SUR AUCUN lien ou pièce jointe à moins de reconnaitre l’expéditeur et d'avoir VÉRIFIÉ la sécurité du
contenu.
Good morning,
The agenda for the August 20, 2024 Committee of Adjustment meeting is now available on our Council/Committee calendar.
The combined agenda with reports will be posted to the meeting calendar by noon on Friday, August 16, 2024.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7109 | TTY 1-866-969-9994 | connie.owen@kitchener.ca