HomeMy WebLinkAboutDSD-2024-410 - B 2024-025 & A 2024-078 & A 2024-079 - 15 Dellroy Avenue
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: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: 2
DATE OF REPORT: September 4, 2024
REPORT NO.: DSD-2024-410
SUBJECT: Minor Variance Applications A2024-078 and A2024-079
Consent Application B2024-025 15 Dellroy Avenue
RECOMMENDATION:
Minor Variance Application A2024-079 (Severed Parcel 1055 Weber Street East)
A. That Minor Variance Application A2024-079 requesting relief from Section 7.3,
Table 7-6, of Zoning By-law 2019-051 to permit the following:
i) a lot width of 19.2 metres instead of the minimum required 30 metres;
ii) a rear yard setback of 6 metres instead of the minimum of 7.5 metres; and
iii) to permit a Floor Space Ratio of 4.2 instead of the maximum permitted 4.0;
to allow the division of land to secure financing and to facilitate the construction
of an 18-storey building, having 238 dwelling units on the Severed Parcel,
generally in accordance with drawings prepared by Patterson Planning
Consultants, BE APPROVED.
Minor Variance Application A2024-078 (Retained Parcel 15 Dellroy Avenue)
B. That Minor Variance Application A2024-078 requesting relief from Section 7.3,
Table 7-6, of Zoning By-law 2019-051 to permit the following:
i) an interior side yard setback of 1 metre instead of the minimum required 4.5
metres;
ii) a rear yard setback of 1 metre instead of the minimum required 7.5 metres;
to allow the division of land to secure financing and to recognize the location of
the existing 6 storey building on the Retained Parcel, generally in accordance
with drawings prepared by Patterson Planning Consultants, BE APPROVED.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Consent Application B2024-025
C. That Consent Application B2024-025 requesting consent to sever a parcel of
land having a lot width of 19.2 metres on Dellroy Avenue, a lot depth of 73.1
metres and an area of 41,351.2 square metres, proposed for a new 18 storey
residential building having 238 dwelling units, municipally known as 1055 Weber
Street East, BE APPROVED subject to the following conditions:
1. That Minor Variance Applications A2024-078 and A2024-079 receive final
approval.
2. That Site Plan Application SP22/158/D/BB receive final approval.
3. That Draft Plan of Condominium Application 30CDM-24010 be closed to the
satisfaction of the Director of Development and Housing Approvals.
4. That the O
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
5. 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
6. 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
7. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
8. That the Owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset
prior to deed endorsement.
9. 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.
10. That any new driveways are to be built to City of Kitchener standards at the
11. That the Owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the
Director of Engineering Services. If this is not the case, then the owner will
need to pump the sewage via a pump and forcemain to the property line and
have a gravity sewer from the property line to the street to the satisfaction of
12. That the Owner pays to the City of Kitchener a cash-in-lieu contribution for park
dedication of $339,253.00.
13. That the Owner shall:
a) Complete a Building Code Assessment for the existing building 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
Official. The assessment 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.
14. That prior to approval the Owner submits the consent review fee of $350 to the
Regional Municipality of Waterloo.
15. That prior to final approval, the Owner submits a Notice of Source Water
Protection Plan Compliance, to the satisfaction of the Region.
16. That prior to final approval the Owner shall submit a Stormwater Management
Report for the site to the satisfaction of the Regional Municipality of Waterloo.
17. That prior to final approval the Owner 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.
18. That prior to final approval the Owner shall enter into a registered
development agreement with the Regional Municipality of Waterloo:
a) to submit a satisfactory Salt Management Plan prior to Site Plan
approval, to the satisfaction of the Regional Municipality of Waterloo;
b) 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; and
c) to secure the prohibition of geothermal energy and private wells on site
to the satisfaction of the Regional Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review applications to sever the subject lands into two
(2) parcels to facilitate financing for the construction of a second multiple dwelling.
Minor variances are required to facilitate the proposed consent.
The key finding of this report is that the consent and associated variances are
technical in nature and are required to secure financing. The site will still function as a
comprehensive development as Site Plan Approved. Staff is recommending approval.
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, municipally known as 15 Dellroy Avenue, is located at the intersection
of Dellroy Avenue and Weber Street East. The subject property is 5,720 square metres or
0.572 hectares, square in shape with 73.1 metres of frontage along Weber Street East and
76.7 metres of frontage along Dellroy Avenue (see Image 1 below).
The subject property is identified as
property is zoned
High Rise Residential Seven Zone (RES-7) in Zoning By-law 2019-051.
The owner, Savic Homes, is proposing to intensify the site by constructing a second
multiple dwelling, 18 storeys in height, on the vacant portion shown in Image 1. The
existing 6 storey building is to remain and both buildings will share parking, access, and
amenity space through blanket easements. Site Plan Application SP22/158/D/BB was
received in 2022, Conditionally Approved in 2023 and minor variances were granted in
2023. To date, the owner has been actively clearing conditions of site plan approval. Staff
is close to issuing Final Site Plan Approval so that a building permit can be issued.
Construction is expected to commence the Fall of 2024
A Vacant Land Condominium (File 30CDM-24010) was submitted in May 2024 to create
two (2) unit areas and common elements for the subject property. It was approved by
Council in August 2024. This plan/approval is still active pending the approval of the
consent application before Committee. Staff is recommending that VLC File 30CDM-
24010 is closed prior to finalizing the consent application as a condition of approval.
.
Image 1 15 Dellroy Avenue
Image 2 Street View Photo
The purpose of the consent application is to split the property into two (2) parcels of land
to obtain CMHC financing for the buildingproposed to be constructed on 1055 Weber
Street East. To do so however requires the submission of two minor variance applications.
One is for the retained parcel and a second for the severed parcel of land. These
variances are to recognize setback deficiencies created for both parcels along with an
increase in Floor Space Ratio on the severed parcel only. The severance sketch showing
the retained lands in red and the severed lands in green along with minor variances are
identified in Image 3 below.
Image 3 Plan Showing Consent and Minor Variances
REPORT:
Planning Comments Minor Variance Application A2024-078 (Retained Parcel - 15
Dellroy Avenue):
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
pedestrian linkages and be integrated with neighbouring residential, and employment uses
as well as to provide for a range of retail and commercial uses and intensification
residential use. All development and redevelopment and have a Floor Space Ratio
between 2.0 and 4.0. As the proposal is to intensify the landfor residential purposes, the
minor variances to facilitate this form of development meet the general intent of the Official
Plan.
General Intent of the Zoning By-law
The subject property -
By-law 2019-s-residential uses.
Due to the consent application, variances are needed for the rear yard and interior side yard
setbacks. Staff is of the opinion the intent of the by-law is being maintained. These
variances are technical in nature to seek financing for the development. The consent will
not alter the form or function of the plan as the site will still operate as one comprehensive
development. Parking (surface and underground), access and amenity space will be
shared . Blanket easements will secure those rights of
access and shared usage of facilities.
Are the Effects of the Variance(s) Minor?
The effects of these variances are minor and technical in nature. No changes to the
approved site plan are proposed and the site will function as one comprehensive
development.
Are the Variance(s) Desirable for the Appropriate Development or Use of the Land, Building
and/or Structure?
The variances are both desirable and appropriate for the use of land. The variances will
facilitate the consent. The consent is required to create separate parcels so that financing
can be secured for new construction to provide rental accommodation which will support the
Planning Comments Minor Variance Application A2024-079 (Severed Parcel 1055
Weber Street East):
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
pedestrian linkages and be integrated with neighbouring residential, and employment uses
as well as to provide for a range of retail and commercial uses and intensification
residential use. All development and redevelopment shall have a Floor Space Ratio between
2.0 and 4.0. The minor variances to facilitate a new residential high-rise building meet the
general intent of the Official Plan.
General Intent of the Zoning By-law
(RES-7)-
law 2019-051, which permits a -residential uses. Due to
the consent application, what was originally an exterior side yard is now the front yard and
what was an interior side yard is now the rear yard. Consequently, the lot width and rear
yard which originally complied is now affected. Additionally, the consent creates an
overage in Floor Space Ratio. The maximum is 4.0 whereas 4.2 is proposed. Staff is of the
opinion the intent of the by-law is being maintained. These variances are technical in nature
to reflect a need to create separate parcels to secure financing for construction. The consent
will not alter the form or function of the plan as the site will operate as one comprehensive
development. Parking (surface and underground), access and amenity space will be shared
. Blanket easements will secure those rights of access and
shared usage of facilities.
Is/Are the Effects of the Variance(s) Minor?
The effects of these variances are minor and technical in nature. No changes to the
approved site plan are proposed and the site will function as one comprehensive
development.
Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are both desirable and appropriate for the use of land. The variances will
facilitate a consent. The consent is required to create separate parcels so that financing can
be secured for the new construction. New rental accommodation will be provided which will
Planning Comments Consent Application B2024-025:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2020)
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable, and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health, and safety. Provincial policies promote the
integration of land use planning, growth management, transit-supportive development,
intensification, and infrastructure planning to achieve cost-effective development patterns,
optimization of transit investments, and standards to minimize land consumption and
servicing costs.
Planning staff is of the opinion that the proposed application will accommodate an
appropriate mix of residential dwelling types by providing a high-rise multiple dwelling
building typology zoned for the use. This type of development is compatible with the
surrounding area and will make use of the existing infrastructure. No new public roads
would be required for the proposed development. Planning staff is of the opinion that this
proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range, and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation. The
subject lands are in close proximity to transit and the subject lands are in closer proximity
to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the
minimum intensification and targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing
to meet projected needs of current and future residents.
built-up area. The proposed
intensification density targets. The severance application will help make efficient use of
existing infrastructure, parks, roads, trails, and transit. Planning staff is of the opinion that
the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP)
Urban Area policies of the ROP identify th
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking-
water supply and wastewater systems, and a broad range of social and public health
services. Regional policies require Area Municipalities to plan for a range of housing in
terms of form, tenure, density, and affordability to satisfy the various physical, social,
economic, and personal support needs of current and future residents. Planning staff are
of the opinion that the severance application conforms to the Regional Official Plan.
. The zoning is High Rise
Residential Seven Zone (RES-7) in Zoning By-law 2019-051.
According to Policy 17.E.20.4. of the Official Plan, consents may be permitted for the
creation of a new lot, boundary adjustments, rights-of-way, easements, long-term leases
and to convey additional lands to an abutting lot provided an undersized lot is not created.
Policy 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). This
policy states the following:
17.E.20.5 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
properties.
Staff is of the opinion a consent application to create a new parcel would comply with
Policies 17.E.20.4. and 17.E.20.5. The consent coOfficial Plan and
staff are recommending approval of minor variances; a plan of subdivision is not required;
the lots are appropriate in size and reflect the character of the area; the lots will not
compromise the ability to provide a comprehensive high density development; both
parcels of land front onto public streets; will enable separate service connections to be
provided; and despite the severance, the development will integrate the existing building
and function as a whole as there are shared parking, access and amenity space for both
existing and future tenants.
Zoning By-law 2019-051
High Rise Residential Zone (RES-7) in Zoning By-law
2019-051. The use of a multiple dwelling is permitted subject to meeting the regulations
outlined in Table 7.6. As discussed previously, the consent requires minor variances,
which staff opine are technical in nature.
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.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
this property, all prior to severance approval. Our records indicate sanitary, 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
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:
Parkland Dedication, paid as cash in lieu of land, in the amount of $339,253.00 as per Site
Plan application SP22/158/D/BB is required prior to deed endorsement.
No concerns with the variances.
Building Division Comments:
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: ace to the
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.
The Building Division has no objections to the proposed variances provided building permit
for the new residential apartment building is obtained prior to construction. Please contact the
Building Division at building@kitchener.ca with any questions.
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
No concerns with the variances.
Regional Staff has no objection to the consent 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 to building 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.
GRCA
No concerns.
Hydro One
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
DSD-2023-314
SP22/158/D/BB
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 - 15 Dellroy Avenue - B2024-025
Date:Wednesday, August 28, 2024 12:45:32 PM
Attachments:image001.png
Hello,
nd
We are in receipt of your Application for Consent, B2024-025 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