HomeMy WebLinkAboutDSD-2024-401 - B 2024-024 & A 2024-077 - 525 Highland Road West
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 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 8
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-401
SUBJECT: Minor Variance Application A2024-077
Consent Application B2024-024
525 Highland Road West
RECOMMENDATION:
Minor Variance Application A2024-077
A. That Minor Variance Application A2024-077 for 525 Highland Road West
requesting relief from Section 8.2 of Zoning By-law 85-1, to permit an interior
side yard setback of 2.5 metres instead of the minimum required 3.0 metres,
generally in accordance with drawings prepared by Van Harten Land Surveyors,
dated July 29, 2024, BE APPROVED.
Consent Application B2024-024
B. That Consent Application B2024-024 requesting consent to sever a parcel of land
having a lot width of 5.75 metres, a lot depth of 58.21 metres and a lot area of 276
square metres to convey as a lot addition to 563 Highland Road West, BE
APPROVED subject to the following conditions:
1. That Minor Variance Application A2024-077 receive final approval.
2. That the O
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. 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
Mapping Technologist.
5. 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.
6.
an Application Consolidation Parcels immediately following the registration
of the 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.
Alternatively, if in the opinion of the City Solicitor, an Application
Consolidation Parcels cannot be registered on title, the Owner shall take such
alternative measures and provide such alternative documents to ensure that
the severed parcel and receiving parcel are not separately encumbered,
conveyed, or otherwise transferred from one another and shall remain in
common ownership, at the discretion of and to the satisfaction of the City
Solicitor.
7. That the Owner shall:
a) Complete a Building Code Assessment for the existing building proposed
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 of
shall address items such
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.
8. That prior to final approval, the Owner submits a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review applications for a Minor Variance and Consent
to permit a 2.5 metre setback for an existing building, and to facilitate a transfer of land
from a commercial lot to the adjacent commercial lot.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was p
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south side of Highland Road West, near the
intersection of Highland Road West and Westmount Road West. The subject lots both
contain commercial uses within the commercial plaza.
Figure 1: Location Map - 525 and 563 Highland Road West
The City Node Urban Structure and is
Mixed Use
Neighbourhood Shopping Centre Zone (C-2), with Special
Regulation Provision 43R-law 85-1.
The purpose of this application is to adjust the lot lines between the properties municipally
known as 525 Highland Road West and 563 Highland Road West. The applicant has
indicated that the adjustment is for administrative and financing purposes. A minor
variance is required in order to permit a 2.5 metre setback from the adjusted property line
for an existing building.
Figure 2: Proposed Overall Lot Fabrics 525 & 563 Highland Rd. W.
Figure 3: Specific Area for Lot Adjustment
Figure 4: Existing Building on site and approximate location of lot addition
REPORT:
Planning Comments Minor Variance Application A2024-077:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The subject property is designated
permits an appropriate mix of commercial, residential and institutional uses. The reduced
side yard setback maintains the functionality of the property and will help with future
development on the existing site. Staff is of the opinion that the variance meets the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the side yard setback is to ensure there is adequate side yard access to the
site for maintenance, servicing, etc. The proposed reduced side yard setback will not
affect the functionality of the site, and specific upgrades to the existing building are
proposed. A shared access agreement is also still on title for the properties and the
reduced side yard is not affected by the agreement. Staff is of the opinion that the variance
meets the general intent of the Zoning By-Law.
Is/Are the Effects of the Variance(s) Minor?
Staff is of the opinion that the requested variance is minor as the reduced side yard setback
still provides adequate access to the building and the overall property. The proposed
variance will not present any significant impacts to adjacent properties or the overall
commercial plaza and neighbourhood.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variance is appropriate for the development and use of the land as the
approval will allow the lot line adjustment and allow for future development within the
commercial plaza. The proposed variance will not impact the functionality of the current
commercial properties.
Planning Comments Consent Application B2024-024:
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 at this time, 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 mixed-use developments along with
supporting compact urban form, redevelopment and intensification. The lot line adjustment
will assist in accommodating the site for future commercial expansion which will help make
use of existing community infrastructure. Thus, Planning Staff is of the opinion that the
application 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 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 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 application conforms to the Regional Official
Plan.
icial Plan (2014)
City Node Urban Structure and is
Mixed Use
Staff are of the opinion that the size, dimensions, and shape of the resultant lots are
suitable for the use of the lands and will continue to function appropriately and be
compatible with the surrounding neighbourhood. The lands front onto a public street and
the lot addition will facilitate the future development of the properties. There are no natural
heritage features that would be impacted by the proposed consent application. Staff are of
Zoning By-law 85-1 or 2019-051
Neighbourhood Shopping Centre Zone (C-2), with Special
Regulation Provision 43R-law 85-1.
The proposed boundary adjustment maintains compliance of the minimum lot width and lot
area requirements in effect for the subject lands. Staff are of the opinion that the proposed
-law.
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 and
resulting lot addition is desirable and appropriate.
Environmental Planning Comments:
No natural heritage features or functions. No trees in this central part of this commercial
development. No concerns.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
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: Spatial separation of existing building
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:
No engineering comments or concerns.
Parks/Operations Division Comments:
Parkland Dedication is not required as this is considered as a lot addition.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is proposing consent for a lot line adjustment of approximately 241
sqm (severed lands). The lot addition from 525 Highland Road West to 563 Highland Road
West has been proposed for administrative and financing purposes. A minor variance for a
reduced side yard setback of 2.5 metres is being requested for an existing commercial
building on 525 Highland Road West.
Source Water Protection Policy
525 and 563 Highland Road West are in a Source Protection Area where Risk
Management Plan or prohibition polices implemented by the Region of Waterloo may
apply. A Notice of Source Protection Plan Compliance (Section 59 Notice) is required as
part of the formal application. This will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following condition(s):
1. That prior to final approval, the Owner/Developer submit a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region.
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 85-1
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
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
September 4, 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 -B2024-025, B2024-024, B2024-023
Committee of Adjustment Hearing September 17, 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: 4770728
B2024-025
15 Dellroy Ave
Patterson Planning Consultants Inc on behalf of 2296342 Ontario Inc (Savic
Homes) c/o Scott Patterson
The owner/applicant is proposing consent to sever to create a new lot, being 1364.6
sqm retained lot area, and 4135.1 sqm severed lot area. The severance will facilitate
the development of a new rental apartment building (18-storey) on severed lands,
where an existing rental apartment building (6-storey) occupies the retained lands.
Creation of a new lot will facilitate financing for development of the site (see memo
prepared by Robson Carpenter LLP included in application).
2296342 Ontario Inc. has also proposed a vacant land condominium plan (30CDM-
24210).
Record of Site Condition
There is a known contaminated site on the adjacent parcel of land at 2290 King Street
East and 1103 Weber Street East. The Region has records of known groundwater
contamination related to chlorinated solvents (tetrachloroethylene) on these adjacent
lands. Accordingly, a Record of Site Condition (RSC) isrequired as a condition of final
approval for the Consent applicationas per the Region’s Implementation Guideline for
The Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites.
Condition No. 17 of Draft Approved Plan of Condominium 30CDM-24210 requires that
prior to final approval the owner/developer enter into a registered development
agreement with the City to require a Record of Site Condition prior to building
occupancy.
To ensure that the Record of Site condition is completed prior to occupancy should the
Vacant Land Condominium not proceed, as a condition of consent approval, the
following is required:
“That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior to building
occupancy, to the satisfaction of the Regional Municipality of Waterloo.”
Source Water Protection Policy
Document Number: 4770728
Version: 1
Risk ManagementPlan
15 Dellroy Ave is in a Source Protection Area where Risk Management Plan or
prohibition polices implemented by the Region of Waterloo may apply. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application for every new development application submitted for a particular
site. A Section 59 Notice will be required as a condition of consent approval.
A Risk Management Plan for salt application is normallyrequired for proposed and/or
altered surface parking and vehicle driveway areas greater than eight (8) parking
spaces or 200 square metres. Design considerations with respect to salt management
through the risk management plan include minimizing the transport of meltwater across
the parking lots or driveways; Directing downspouts away from paved areas; Locating
snow storage areas on impermeable (i.e. paved) surfaces that drain directly to catch
basins.
Regional Staff acknowledge that a Risk Management Plan has been negotiated for this
site, which requires a Salt Management Plan be developed for the proposal. The Salt
Management Plan will be required as a condition of consent approval.
Stormwater Management Report
A Stormwater Management Report is required to assess how stormwater is addressed
on site and if dewatering is proposed. Please be advised that the Region of Waterloo
does not support any engineered and/or enhanced infiltration of runoff originating from
paved surfaces within chloride Issue Contributing Areas. The above noted property is
within a chloride Issue Contributing Area. Engineered and/or enhanced infiltration
features may include ponds, infiltration galleries, permeable pavers, ditches, swales, oil-
grit separators, etc.
Geothermal Energy and Private Well Prohibition
Due to the potential impacts to the Region’s groundwater; which is a drinking water
source for the Region; and the potential for contamination from adjacent sites, the
Region shall require a geothermal energy and private well prohibition to be implemented
through a Regional development agreement.
In summary the Region will require the following conditions for approval of consent
application:
“That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submita
satisfactory SaltManagement Planprior to Site Plan approval, to the satisfaction of
the Regional Municipality of Waterloo.”
Document Number: 4770728
Version: 1
“That prior to final approvalthe Owner/Developer shall submit aStormwater
Management Report for the siteto the satisfaction of the Regional Municipality of
Waterloo.”
“Thatthe Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, tosecure theprohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.”
Corridor Planning
The site is adjacent to Highway 8 (Provincial Highway) and Weber Street East (RR# 8)
which may pose noise impacts on the noise sensitive development. To assess the
impacts of noise from traffic on Weber Street East, the Provincial Highway 8 and
potential stationary noise (both, on-site and off-site), a detailed Environmental Noise
Study is required. As such, the following condition of consent is recommended:
“That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study to
assess transportation and stationary noise prior to final site plan approval, and to
enter into a Registered Development Agreement with the Regional Municipality of
Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality of
Waterloo.”
Airport Zoning Regulations (advisory)
The property is located within the Airport Zoning Regulations, with an allowable
elevation of 421m ASL. The development proposes finished floor elevation of 324.9m
ASL and anticipated building elevation of 388m ASL. Regional staff advise the applicant
must submit a Land Use application to Nav Canada and obtain a letter of no objection if
they have not done so already.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350. The
consent review fee is required as a condition of approval for the consent application.
Fees must be submitted individually to the Region, in-person, by mail, or e-payment.
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.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto 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 final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
3.That the Owner/Developer enter into a registered development agreement with
the City of Kitchener, to complete a Record of Site Condition prior tobuilding
occupancy,to the satisfaction of the Regional Municipality of Waterloo.
4. That prior to final approval the Owner/Developer shall enter into a registered
development agreement with the Regional Municipality of Waterloo to submit a
satisfactory Salt Management Plan prior to Site Plan approval, to the satisfaction
of the Regional Municipality of Waterloo.
5. That prior to final approval the Owner/Developer shall submit a Stormwater
Management Report for the site to the satisfaction of the Regional Municipality of
Waterloo.
6. That the Owner/Developer is required to enter into a registered development
agreement with the Regional Municipality of Waterloo, to secure the prohibition of
geothermal energy and private wells on site to the satisfaction of the Regional
Municipality of Waterloo.
7. That the Owner/Developer enters into a registered development agreement with
the Regional Municipality of Waterloo to complete an Environmental Noise Study
to assess transportation and stationary noise prior to final site plan approval, and
to enter into a Registered Development Agreement with the Regional Municipality
of Waterloo and/or the City of Kitchener (if required) to implement the
recommendations of the study, all to the satisfaction of the Regional Municipality
of Waterloo.
Document Number: 4770728
Version: 1
B2024-024
525/563 Highland Rd W
GSP Group on behalf of DGF Group (c/o Michael Witmer)
The owner/applicant is proposing consent for a lot line adjustment of approximately241
sqm (severed lands). The lot addition from 525 Highland to 563 Highland has been
proposed for administrative and financing purposes. A minor variance for a reduced
side yard setback of 2.5m is being requested for an existing commercial building on 525
Highland.
Source Water Protection Policy
525 and 563 Highland Rd W are in a Source Protection Area where Risk Management
Plan or prohibition polices implemented by the Region of Waterloo may apply. A Notice
of Source Protection Plan Compliance (Section 59 Notice) is required as part of the
formal application. This will be required as a condition of consent approval.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to final approval, the Owner/Developer submit a Notice of Source
Water Protection Plan Compliance, to the satisfaction of the Region.
Document Number: 4770728
Version: 1
B2024-023
448 New Dundee Rd / Ridgemount St (BLOCK 101, PLAN 58M616)
GSP Group on behalf of Hayre Properties c/o Brandon Flewwelling
The owner/applicant is proposing a consent to sever part of lot (Block 101, Plan
58M616), as lot addition to 448 New Dundee Rd (511sqm retained lot area, 533.1sqm
conveyed lot area, and 12,123sqm benefitting lot area). The severance will facilitate the
development of the subject lands in accordance with conditionally approved site plan
(SP17146a). A future draft Plan of Condominium application is anticipated. The
property is currently occupied by a single detached residential dwelling.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $350The consent
review fee is required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Corridor Planning
The site is in proximity to New Dundee Rd (RR# 12) which may pose noise impacts on
the noise sensitive development(i.e. retained lot on Block 101). To assess the impacts
of noise from traffic on New Dundee Rd, a detailed Environmental Noise Study would
normally be required as a condition of consent approval. Regional Staff note that Site
Plan including this property - SP24/029/N/AP received conditional approval.
Regional staff advise that a Noise Study was prepared in 2023 as part of the Zone
Change application (ZBA 20/003), entitled "448 New Dundee Road Environmental
Noise Assessment Revised October27, 2023 (original December 1, 2022)".The report
concluded that there are no stationary noise sources in the vicinity, which would have
impacts on the proposed development.However, various noise control measures are
required including special building components and noise attenuation barriers (both
private and public).
Regional Staff will require the recommendations of the noise study be secured and/or
implemented through a registered agreement with the Region as conditions of approval
for the Consent Application, as follows:
Document Number: 4770728
Version: 1
A)The developer agrees to implement the recommendations of the report "448 New
Dundee Road Environmental Noise Assessment Revised October 27, 2023 (original
December1, 2022)" as prepared by MTE and further agrees that:
1) Units 11, 12, 13, 14, 15, 16, 17, 18 and 19:
a) All units will be designed with special building components. Prior to the
issuance of building permits, final architectural details of the windows, walls, and
doors will be verified by a qualified Acoustic Professional to ensure the required
sound transmission loss rating (STC) will be acceptable to meet indoor sound
levels.
b) All units shall be installed with air ducted heating and ventilation system
suitably sized and designed for central air conditioning installed prior to
occupancy
2) Units 5, 6, 7, 8, 9, 10, 20, and 21:
All units shall be installed with air ducted heating and ventilation systems suitable sized
and designed for the provision of central air conditioning at the owner/occupants'
discretion.
3) Units 9, 10, 11, 12, 13, 14 and 15 (Noise Attenuation Barriers):
a) Public and Private barriers noise barriers of varying lengths and heights, as
detailed in section 4.2.2 of the report and shown on MTE Drawing 44367-100-
2
NA1.1, will be constructed with a minimum surface density of 20 kg/m with
Durisol of equivalent construction to the Region's satisfaction.
b) Prior to construction, a Noise Wall Design Report for the detailed design material
and location, grades, drainage,etc. of the noise wall must be submitted in
compliance with the Region's Noise Policy Implementation Guideline.
c) Upon construction of the noise walls as mentioned in a) above, a certificate of
compliance for the construction of the above-mentioned noise barriers will be
provided to the Region by a qualified Professional Engineer.
d) The noise barrier must be installed to the satisfaction of the Region of Waterloo
within 1 (one) year of receiving a building permit from the Area Municipality for
the development.
e) All the public and private noise walls will be considered as common elements of
future Condominium Corporation.
f) Suitable arrangements for replacement funds and/or long-term maintenance for
the public and private noise barriers will be made as deemed appropriate by the
City of Kitchener.
g) The developer agrees to preserve the function of and maintain the acoustic
barrier located upon the lands. The purpose of the barrier is to attenuate noise
from New Dundee Road / Highway 401. The developer agrees that the Region,
through its employees and agents, has the right to enter the lands to inspect the
acoustic barrier. The developer agrees to repair or, if necessary, replace the
acoustic barrier. Should the developer fail to repair or replace the barrier upon
Document Number: 4770728
Version: 1
receipt of a written notice from the Region, as the Region deems necessary, the
developer agrees that the Region may undertake such work upon the expiration
of the time set out in the notice. If such work is undertaken by the Region, the
developer hereby agrees to permit entry upon the lands for this purpose and
agrees to reimburse the Region fully for all costs of undertaking such work.
4) The following noise warning clauses shall be registered on the title for the units as
detailed below:
a) Units 11, 12, 13, 14, 15, 16, 17, and 18:
NWC TYPE B + D: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. 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 the Ministry of the Environment, Conservation and Parks."
b) Unit 19:
NWC TYPE A + D: "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 the Environment, Conservation and Parks. 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 the
Ministry of the Environment, Conservation and Parks."MTE Consultants | 44367-
100 | 448 New Dundee Road | October 27, 2023 11
c) Units 9 and 10:
NWC TYPE B + C: "Purchasers/tenants are advised that despite the inclusion of
noise control features in the development and within the building units, 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 the Environment, Conservation and
Parks. This dwelling unit has beendesigned with the provision for 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
Document Number: 4770728
Version: 1
within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks."
d) Units 5, 6, 7, 8, 20, and 21:
NWC TYPE A + C: "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 the Environment, Conservation and Parks. This
dwelling unit has been designed with the provision for 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 Municipality and the Ministry of the
Environment, Conservation and Parks."
e) Units 22 and 23:
NWC TYPE A: "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 the Environment, Conservation and Parks."
B) The release of the above conditions 1), 2) and 3) (a to f) will be available upon
fulfillment.
Document Number: 4770728
Version: 1
Regional Staff has no objectionto this application subject to the following
condition(s):
1. That prior to final approval the Owner/Applicant submit the consent review fee of
$350 to the Regional Municipality of Waterloo.
2. That prior to final approval the Owner/Applicant enter into a Registered
Development Agreement with the Regional Municipality of Waterloo to implement
the recommendations of the Noise Study, entitled "448 New Dundee Road
Environmental Noise Assessment Revised October 27, 2023 (original December
1, 2022)", prepared by MTE Consultants, all to the satisfaction of the Regional
Municipality of Waterloo.
Document Number: 4770728
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: 4770728
Version: 1
August 26, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting September 17, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 068 – 22 Woodfern Court – No concerns
2) A 2024 - 069 – 68 West Acres Crescent – No concerns.
3) A 2024 - 070 – 47 Hugo Crescent – No concerns.
4) A 2024 - 071 – 509 Wilson Avenue– No concerns.
5) A 2024 - 072 – 565 Topper Woods Crescent – No concerns.
6) A 2024 - 073 – 109 Edgehill Drive – No concerns.
7) A 2024 - 074 – 177 Esson Street – No concerns.
8) A 2024 - 075 – 96 Wood Street – No concerns.
9) A 2024 - 076 – 332 Charles Street East - No concerns.
10) A 2024 - 077 – 525 Highland Road West – No concerns.
11) A 2024 – 078 – 15 Dellroy Avenue (retained) – No concerns.
12) A 2024 – 079 – 1055 Weber Street Easy (severed) – No concerns.
Document Number: 4766511
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA@Kitchener.ca
Document Number: 4766511
August 30, 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 September 17, 2024
Applications for Minor Variance
A 2024-06822 Woodfern CourtA2024-07596 Wood Street
A 2024-06968 West Acres CrescentA 2024-076332 Charles Street East
A 2024-071509 Wilson AvenueA 2024-077525 Highland Road West
A 2024-072565 Topper Woods CrescentA 2024-07815 Dellroy Avenue
A 2024-074177 Esson StreetA 2024-0791055 Weber Street East
Applicationsfor Consent
B 2024-017135 Gateway Park Drive
B 2024-018135 Gateway Park Drive
B 2024-023Ridgemont Street
B 2024-024525 Highland Road West
B2024-02515 Dellroy Avenue
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 - 525 Highland Road West - B2024-024
Date:Wednesday, August 28, 2024 12:49:04 PM
Attachments:image001.png
Hello,
nd
We are in receipt of your Application for Consent, B2024-024 dated August 22, 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