HomeMy WebLinkAboutDSD-2024-403 - B 2024-023 - Ridgemount Street (Block 101, Registered Plan 58M-616)
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: Andrew Pinnell, Senior Planner, 519-741-2200 ext. 7668
WARD INVOLVED: Ward 4
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-403
SUBJECT: Consent Application B2024-023
Ridgemount Street (Registered Plan 58M-616, Block 101)
Activa Holdings Inc.
RECOMMENDATION:
That Consent Application B2024-023 requesting consent to sever a parcel of land
having an approximate lot width of 13.3 metres on Ridgemount Street, a lot depth of
46.1, metres and a lot area of 533.1 square metres, to be conveyed as a lot addition
to the property municipally addressed as 448 New Dundee Road, as generally
shown on the Consent Sketch, prepared by GSP Group, dated June 27, 2023, BE
APPROVED subject to the following conditions:
1. That the Osolicitor shall provide draft transfer documents and associated
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
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
Technologist.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5.
Application Consolidation Parcels immediately following the registration of the
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.
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
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, 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 recommend conditional approval of the requested
Consent Application to permit a subdivision block having frontage on Ridgemount
Street to be severed and added to the property to the rear (east) addressed as 448
New Dundee Road.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the east side of Ridgemount Street, south of Thomas
Slee Drive in the Doon South Planning Community. The property is an undeveloped
subdivision block that was created in 2018 though the registration of Subdivision Plan
58M-616 (c/r with 30T-1320; . The property
continues to be owned by Activa Holdings Inc., the same corporation that registered the
plan of subdivision. The property does not have a municipal address because it does not
contain a building, though it is located between 98 Ridgemount Street to the north and 86
Ridgemount Street to the south, both of which contain single detached dwellings.
Development and Housing Approvals staff visited the property on August 30, 2024.
Figure 1: Photo of the subject property, taken from the intersection of Ridgemount
Street and Sportsman Hill Street. The Recipient Lot, addressed as 448 New Dundee
Road, is located in the background.
Community Area Urban Structure and is
Low Rise Residential
The property is further identified as being within
Map 5 Specific Policy Area. RES-4 Zone (305
Zoning By-law 2019-051.
The surrounding lands to the north, south, and west are developed with low rise residential
uses, mainly single detached dwellings and street townhouse dwellings, within Subdivision
Plan 58M-616.
448 New Dundee Road:
The property immediately to the east is an
Road, which is owned by Hayre Properties Inc. The property has 60.9 metres of frontage
on New Dundee Road and is 1.2 hectares in area. The property contains a single
detached dwelling, which is anticipated to be demolished in the future. In January 2024,
City Council approved Zoning By-law Amendment Application ZBA20/003/N/AP, which
-
Rise Residential Four Zone (RES-4) with Site Specific Provision (384) and Holding
to facilitate a development concept consisting of 26 vacant land
condominium units (14 single detached dwellings and 12 semi-detached dwellings), a
private common element road, two amenity areas, visitor parking, and a stormwater
management facility. In the future, the applicant anticipates submitting a Vacant Land
Condominium for the property.
The purpose of the Holding Provision is to prevent development of any new uses until
certain conditions are met, and the holding provision has been removed by by-law,
including, but not limited to the following:
The parcel of land has been consolidated with the lands fronting Ridgemount Street
and conditional approval of a Site Plan including, but not limited to, appropriate site
Housing Approvals.
The Ridgemount Street access would be the primary access to the planned
redevelopment, noting that the Region (New Dundee Road is a Regional Road), has
stated that only emergency vehicles will be able to access New Dundee Road.
Following the zoning approval, on July 26, 2024, the City issued conditional approval of
Site Plan Application SP24/029/N/AP, for 448 New Dundee Road and a portion of the subject
property (see Figure 2).
Figure 2: Conditionally Approved, Red-Lined Site Plan Drawing.
The Site Plan Application fleshes out the development concept originally shown through the
Zoning By-law Amendment Application review. It proposes the site works related to the future
Vacant Land Condominium. The Conditional Approval Letter includes Special Condition V,
which relates to the subject consent application, and states:
Prior to final Site Plan Approval, the Owner shall fulfil the following site access
Development and Housing Approvals:
a. The Owner shall obtain final approval of the required Consent Application (for
Lot Addition) to create the site access and servicing parcel from 90-94
Ridgemount Street and the land transfer to 448 New Dundee Road shall be
complete, including that the parcels forming the site have been merged on title.
b. The Section 41 Development Agreement for the subject site must be registered
over the whole of the newly formed site.
c. The Owner shall apply for and obtain final approval of a Zoning By-law
Amendment Application to remove Holding Provision (58H).
Figure 3: Aerial photo showing the Retained Lot, Severed Lot, and Recipient Lot.
The above noted condition outlines the process and key planning steps for the developer
to obtain final Site Plan Approval. In this regard, the purpose of the subject Consent
Application is to fulfill Special Condition V.a. Specifically, the applicant is requesting
consent to sever a parcel of land having an approximate lot width of 13.3 metres, a lot
depth of 46.1, metres and a lot area of 533.1 square metres , and
convey it as a lot addition to the property municipally addressed as 448 New Dundee
Road Lot. The Retained Lot would have an approximate lot width of 11.6
metres, a lot depth of 38.9, metres and a lot area of 511 square metres, would have
frontage on Ridgemount Streets, and would be used for low rise residential purposes (see
Figure 3).
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Development and Housing Approvals (DHA) staff offers the following
comments:
Provincial Policy Statement, 2020 (PPS)
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.
DHA staff is of the opinion that the requested consent will facilitate appropriate
intensification via the conditionally approved Site Plan Application. 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 (Growth Plan)
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 property is
Recipient Lot (i.e., Built Up Area, as noted
on Map 1 City Urban Area and Countryside of the Official Plan. The proposed
development represents appropriate intensification and will contribute towards achieving
both the Built Up Area. The Consent
Application will facilitate development that makes efficient use of existing roads, parks
(e.g., Wetland Way Park, Ian Ormston Park), schools (e.g., the recently approved, nearby
elementary school at 670 Thomas Slee Drive), and nearby transit (e.g., local GRT Route
36). DHA 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 Greenfield Area in
the ROP. Regional policies require Area Municipalities to plan for a range of housing in
terms of form, tenure, density and affordability to satisfy the various physical, social,
economic and personal support needs of current and future residents. The Region has
indicated that it has no objections to the proposed consent. DHA staff is satisfied that the
application conforms to the ROP.
Community AreaMap 2 Urban Structure and is
Low Rise ResidentialMap 3 Land Use
The property is further identified as being within
Map 5 Specific Policy Area, though it should be noted that there are no
specific policies that apply in this particular case.
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
With respect to the above policy, DHA staff is of the opinion that both the Severed Lot, if
merged with the Recipient Lot via recommended approval conditions, and the Retained
Lot, would conform to the policies of the Official Plan and would comply with Zoning By-
law 2019-051. No variances are necessary to facilitate the requested Consent. Moreover,
both resultant lots reflect the general scale and character of the established area. The
Retained Lot and the Severed Lot would be a similar size and shape to the balance of the
lots on the east side of Ridgemount Street.
Both lots adequately address the considerations of Section 51(24) of the Planning Act with
respect to plans of subdivision and consents, including having frontage on a public street
and adequate servicing. A plan of subdivision is not necessary to facilitate the proposal,
since the proposal is straight-forward, and no new public roads are contemplated. The
resultant lots will not restrict the ultimate development on the adjacent properties since the
abutting lots to the north and south are already developed with single detached dwellings;
on the contrary, the Severed Lot will facilitate appropriate intensification on the Recipient
Lot, by providing appropriate access and servicing.
Zoning By-law 2019-051
RES-4 Zone (305in Zoning By-law 2019-051. As noted above, no
variances are necessary to facilitate the requested consent. Both resultant lots would
comply with the Zoning By-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 resultant lots are desirable and
appropriate, subject to satisfactory clearance of the recommended conditions. As
aforementioned, the resultant lots reflect the general scale and character of the
established development pattern of surrounding lands, and no variances are required.
Servicing will be undertaken in accordance with the requirements of Engineering Services.
The resultant lots have frontage on established public streets. DHA staff is further of the
opinion that the requested consent is consistent with the Provincial Policy Statement, and
the Region of Waterloo Official Plan, conforms to the Growth Plan for the Greater Golden
Horseshoe and City Official Plan, and represents good planning.
Environmental Planning Comments:
No natural heritage features or functions; dealt w/ as part of 58M-616. Tree Management
Policy matters addressed as part of site plan for 448 New Dundee Rd.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Retained lot
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
katie.wood@kitchener.ca
Any new driveways are to be built to City of Kitchener standards. All works are at the
completed prior to occupancy of the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will
have to pump the sewage to achieve gravity drainage from the property line to the
municipal sanitary sewer in the right of way.
Lot Addition
Anything required on the lot addition will be taken through the site plan process.
Parks/Operations Division Comments:
Parkland Dedication has been satisfied through KDA 17/17 for 30T-13203 Stage 5 Block
101. Other Parks requirements will be satisfied through SP24/029/N/AP.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
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 $350 The consent
review fee is required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Head Office lobby/security (main
floor), located at150 Frederick St, Kitchener. 15 min parking is available at the
rear of the building, outside the Kitchener Public Library, at the intersection of
Queen St N and Ahrens St E.
Cheque or bank draft can be mailed as follows: Attention of Peggy Walter,
Planning, Development and Legislative Services, Regional Municipality of
Waterloo, 150 Frederick St, Kitchener, ON N2G 4J3.
Regional Staff has no objection to this application subject to the following condition(s):
1. That prior to final approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Grand River Conservation Authority Comments:
No objection.
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
KDA 17/17 Modification to Draft Approved Plan of Subdivision 30T-13203
508 New Dundee Road Activa Holdings Inc. (formerly C. Ormston)
DSD-2024-403 - Zoning By-law Amendment Application ZBA20/003/N/AP - 448
New Dundee Road - Hayre Properties Inc.
Conditional Approval Letter dated July 26, 2024 re: Site Plan Application
SP24/029/N/AP - 448 New Dundee Rd & 90-94 Ridgemount St - Hayre Properties
Inc.
ATTACHMENTS:
Attachment A Consent Sketch, prepared by GSP Group, dated June 27, 2023.
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 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