HomeMy WebLinkAboutDSD-2024-358 - B 2024-017 & B 2024-018 - 135 Gateway Park Drive
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 3
DATE OF REPORT: August 7, 2024
REPORT NO.: DSD-2024-358
SUBJECT: Consent Applications B2024-017 and B2024-018
135 Gateway Park Drive
RECOMMENDATION:
Consent Application B2024-018 135 Gateway Park Drive
That Consent Application B2024-018 requesting consent to sever a parcel of land
having a lot width of 237 metres, a lot depth of 140 metres and a lot area of 20,092
square metres, and to
prepared by MHBC Planning, dated March 2024, BE APPROVED subject to the
following conditions:
1. uments 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 Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Approvals:
a) a clear and specific description of the purpose of the Easement(s) and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
5. That a satisfa
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset information
to the satisfa
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
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
Engineering Services.
11. That the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 3-metre-wide road widening along the
entire Gateway Park Drive frontage (retained and severed), as shown indicated
on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of
tation Services.
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
12. That the Owner shall complete a Building Code Assessment for the existing
buildings proposed to be retained on the severed and retained parcels 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
uilding Official. The
assessment shall address items such as, but not limited to, spatial separation of
closing in of openings pending spatial separation calculation results.
The Owner shall obtain a Building Permit for any remedial work/ upgrades
required by the Building Code Assessment.
Consent Application B2024-017 135 Gateway Park Drive
That Consent Application B2024-017 requesting consent to create an Easement over
the etained in favour of the evered Parcel for access, generally in
accordance with the severance sketch, prepared by MHBC Planning, dated May
2024, BE APPROVED subject to the following conditions:
1. nsfer 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 Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City
Approvals:
a) a clear and specific description of the purpose of the Easement(s) and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing provisions
related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written consent
of the City.
5. dertaking, to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 3-metre-wide road widening along the entire
Gateway Park Drive frontage (retained and severed), as shown indicated on a
Director of Transportation Services.
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 satisfaction
REPORT HIGHLIGHTS:
The purpose of this report is to review a severance application to permit the creation
of one new parcel of land. Further an access easement is being created over both
parcels to maintain access to Tu Lane and Gateway Park Drive. No new development
is currently proposed.
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 Gateway Park Drive with frontage on Tu Lane and King
Street East. The existing property contains 3 commercial buildings. The applicant
proposes to sever the lots so that 2 commercial buildings are on the Retained Parcel, and
1 commercial building is on the Severed Parcel. The 1 commercial building formally
contained the Landmark movie theatre. The applicant also proposes to create an
easement over both the severed and retained lands in order to maintain the access
through the site for both properties to use in the future. These accesses currently exist and
will remain on the properties without any new access created.
Figure 1: Location Map: 135 Gateway Park Drive
Figure 2: Proposed lot fabrics
Figure 3: Proposed easements
Major Transit Station Area Urban
Commercial Campus
Official Plan.
Commercial Campus Zone (COM-4Zoning By-law 2019-051.
The purpose of the application is to sever an existing lot to create two (2) lots. The
retained lands will contain 2 commercial buildings, while the severed lands will contain 1
commercial building. The current buildings will be remaining on site. An access easement
is also proposed in order for both lots to have access to the existing entrances/exits within
the property.
Figure 4: Existing building and existing conditions
Figure 5: Existing building and existing conditions
Figure 6: Existing buildings and existing conditions
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 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.
a and are in close
proximity to transit. The lands will continue to make efficient use of existing infrastructure,
roads, trails and transit.
Planning staff is of the opinion that the development proposal conforms to the Growth
Plan.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed application 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.
Planning staff are of the opinion that the severance applications conforms to the Regional
Official Plan.
Major Transit Station Area Urban
Structure and is Commercial Campus
Official Plan.
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
Commercial Campus Zone (COM- in Zoning By-law
2019-051. The lands that are to be severed and the lands to be retained will remain within
the COM-4 zoning, and the buildings that currently operate the lands will continue to be in
operation.
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
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lot is suitable for the use of the lands
and compatible with the surrounding community. The severed lands front onto an
established public street and are serviced with municipal services. 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:
No environmental planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
B2024-017:
The Building Division has no objections to the proposed consent.
B2024-018:
The Building Division has no objections to the proposed consent provided for the retained land:
1) A qualified designer is retained to complete a building code assessment as it relates to the
new proposed property line and any of the building adjacent to this new property line shall
addresses such items as:
satisfaction of the Chief Building Official. Closing in of openings may be required, pending
spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Engineering Division Comments:
B2024-017 135 Gateway Park Drive (Easement)
No concerns
B2024-018 135 Gateway Park Drive (Severance and Easement)
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, storm 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 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:
B2024-017 135 Gateway Dr (Easement)
No concerns, no requirements.
B2024-018 135 Gateway Dr (Severance and Easement)
The current use of the COM-4 zoned land is commercial and in accordance with Parkland
Dedication Bylaw 2022-101 and Parkland Dedication Policy MUN-PLA-1074, Parkland
Dedication is not required for this Severance. Please note that if either the severed or
retained property is subject to a redevelopment application it will be assessed for Parkland
Dedication according to the Planning Act, the Parkland Dedication Bylaw 2022-101 and
Parkland Dedication Policy MUN-PLA-1074 in effect at the time of a site plan application.
Transportation Planning Comments:
widening with an ultimate road width of 26 metres between Sportsworld Drive and King
Street. Therefore, a conveyance of approximately 3 metres along the entire Gateway Park
Drive 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
Engineering Services.
Region of Waterloo Comments:
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 been previously assessed for archaeological resources. However, to
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
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 have no objection to this application.
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 - 135 Gateway Park Drive - B 2024-017
Date:Wednesday, July 31, 2024 2:46:39 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-017 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:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 135 Gateway Park Drive - B 2024-018
Date:Wednesday, July 31, 2024 2:48:32 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-018 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