HomeMy WebLinkAboutDSD-2024-420 - B 2024-017 & B 2024-018 - 135 Gateway Park Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 17, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: September 6, 2024
REPORT NO.: DSD-2024-420
SUBJECT: Consent Applications B2024-017 and B2024-018
135 Gateway Park Drive
RECOMMENDATION:
Consent Application B2024-018 135 Gateway Park Drive
That Consent Application B2024-018 for 135 Gateway Park Drive requesting consent
to sever a parcel of land having a lot width of 237 metres, a lot depth of 140 metres
and a lot area of 20,092 square metres, and to create an Easem
the severance sketch, prepared by MHBC Planning, dated March 2024, BE
APPROVED subject to the following conditions:
1. 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
4. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Approvals:
a) a clear and specific description of the purpose of the Easement(s) and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
5. That a satisfactory S
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
7. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset information
to the satisfaction o
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 the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 3-metre-wide road widening along the
entire Gateway Park Drive frontage (retained and severed), as shown indicated
on a reference plan by an Ontario Land Surveyor (OLS), to the satisfaction of
Prior to conveyance, the property owner shall prepare, at their cost, a Phase I
and if necessary, a Phase II Environmental Site Assessment (ESA) for the
portion of the lands being dedicated for a road widening of Gateway Park Drive
10. That the Owner shall complete a Building Code Assessment for the existing
buildings proposed to be retained on the severed and retained parcels of land,
prepared by a qualified person, to confirm that the proposed property line and
any of the building adjacent to this new property line complies with the Ontario
Building Code, to
assessment shall address items such as, but not limited to, spatial separation of
closing in of openings pending spatial separation calculation results.
The Owner shall obtain a Building Permit for any remedial work/ upgrades
required by the Building Code Assessment.
Consent Application B2024-017 135 Gateway Park Drive
That Consent Application B2024-017 requesting consent to create an Easement over
accordance with the severance sketch, prepared by MHBC Planning, dated May
2024, BE APPROVED subject to the following conditions:
1.
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
Submission Standards to the satisfaction of the Cit
4. That the Transfer Easement document(s) required to create the Easement(s) being
approved herein shall include the following, and shall be approved by the City
using
Approvals:
a) a clear and specific description of the purpose of the Easement(s) and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing provisions
related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written consent
of the City.
5.
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
6. That the property owner shall convey to the City of Kitchener, without cost and
free of encumbrance, an approximate 3-metre-wide road widening along the entire
Gateway Park Drive frontage (retained and severed), as shown indicated on a
reference plan by an
Director of Transportation Services.
Prior to conveyance, the property Owner shall prepare, at their cost, a Phase I and
if necessary, a Phase II Environmental Site Assessment (ESA) for the portion of
the lands being dedicated for a road widening of Gateway Park Drive, to the
REPORT HIGHLIGHTS:
The purpose of this report is to review severance applications to permit the creation of
one new parcel of land. Further an access easement is being created over both
parcels to maintain access to Tu Lane and Gateway Park Drive. No new development
is currently proposed.
The key finding of this report is staff is supportive of the changes to the conditions at
the request of the applicant.
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.
REPORT:
Consent Applications B2024-017 and B2024-018 were heard at the August 20, 2024,
meeting and were subsequently deferred by Committee at the request of the Applicant to,
regarding the proposed Engineering conditions that were imposed by the Engineering
Division.
As requested by the applicant, conversations were had with City Engineering staff after the
th
August 20 committee meeting. Through those conversations two conditions formally
indicated as Condition 9 and 10 in Consent Application B2024-018 (DSD-2024-358), were
removed from the requested conditions. The two conditions were in relation to new
driveways within the property, and basement elevation requirements to be drained by
gravity to the street sewers. City staff agree that the two conditions were not required as
part of this application. The remaining Engineering conditions are still requested and can
be cleared with the help of Engineering staff at the time of clearance.
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 This application was first heard at the August 20, 2024, meeting where it was
deferred. As such notice is not required for unfinished business. This report has been
meeting. A notice sign remains posted on the property advising that a Committee of
Adjustment application has been received. The sign advises interested parties to find
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-2024-358
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Will Towns
wtowns@regionofwaterloo.ca
519-616-1868
File: D20-20/24 KIT
August 6, 2024
via email
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications B2024-018 to B2024-022
Committee of Adjustment Hearing – August 20, 2024
City of Kitchener
Please accept the following comments pertaining to the above-noted consent
applications for consideratiion at the upcoming Committee of Adjustment Hearing.
Document Number: 4749612 Version: 1 Page 1 of 9
B2024-017 & B2024-018
135 Gateway Park Drive
Owner: 1289193 Ontario Inc.
Applicant: MHBC Planning c/o Emily Elliott and Jennifer Gaudet
These lands (3.83 ha in total) contain a vacant Landmark Cinema, an operational
restaurant, and a wholesale warehouse. The applicant has submitted two applications –
B2024-017 proposes to sever 2.01 ha containing the Landmark Cinema and 397
parking spaces, and the second would create an easement for access in favour of the
severed lands over the retained lands. The easement would maintain current vehicular
circulation and access and avoid the need for new access points. No physical
redevelopment is proposed.
Archaeological Assessment (Advisory)
These lands have beenpreviously assessed for archaeological resources. However, to
Regional staff’s knowledge, the site has not been cleared of archaeological concerns.
While clearance is not required to support this consent application given the level of
disturbance on the site, any future Planning Act application proposing physical
development will require the submission of the completed Archaeological Assessment
and associated acknowledgment letter from the Ministry of Citizenship and
Multiculturalism. If possible and in the applicant’s possession, please provide a copy of
the acknowledgement letter for our records.
Regional fee
Regional staff acknowledge receipt of the required consent review fees ($350 per
application and $700 in total) on July 11, 2024.
Regional staff haveno objection to this application.
Document Number: 4749612 Version: 1 Page 2 of 9
B2024-019
250 Shirley Avenue
Owner: HiddayathHoldings c/o Farhan Hidayath
Applicant: 1123766 Ontario Ltd. c/o Sharen Shaw
The applicant proposes to sever 0.15 ha from the rear yard of lands at 250 Shirley Ave
(an irregularly-shaped 1.35 ha parcel) to be conveyed and added to the abutting
property at 260 Shirley Ave (owned by 1123766 Ontario Ltd). The proposed severed
lands are vacant, while the retained parcel at 250 Shirely Avenue and the benefitting
lands at 260 Shirley Avenue are both used industrially.
Regional fee
Regional staff acknowledge receipt of the required consent review fee ($350) on June
25, 2024.
Regional staff haveno objection to this application.
Document Number: 4749612 Version: 1 Page 3 of 9
B2024-020
573 Guelph Street
Owner/applicant: Jon Crummer
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with one semi-detached two-storey dwelling. The existing
single-detached dwelling on the property would be demolished. The severed and
retained lands would each be approximately 300 square metres, with access via Guelph
Street.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff have no objection to this application, subject to the following
condition:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Document Number: 4749612 Version: 1 Page 4 of 9
B2023-021
62 Gage Avenue
Owner/applicant: Jon Crummer
The applicant proposes to sever an existing 602-square metre lot to create a new lot of
record and develop both lots with semi-detached two-storey dwellings. The existing
single-detached dwelling on the property would be demolished. The severed and
retained lands would each be approximately 300 square metres.
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff has no objection to this application, subject to the following
condition:
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
to the Regional Municipality of Waterloo.
Document Number: 4749612 Version: 1 Page 5 of 9
B2024-022
1180 Union Street
Owner: Vladan Knezevic
Applicant: Urban Insights c/o Ryan Mounsey
The applicant proposes to sever an existing 537 square-metre lot and create a new lot
of record. The severed lands (235 square metres) would subsequently be developed
with a new duplex dwelling with access to Maple Avenue, while the retained lot would
be 303 square metres and maintain the existing single-detached dwelling and driveway
access to Union Street. Relief from front/side yard setback and lot coverage
requirements are required in a separate application.
Note that Regional staff provided pre-submission comments to the City and applicant
pertaining to this proposal on March 26, 2024 (original) and June 12, 2024 (amended).
Record of Site Condition (Advisory)
The above-ground heating fuel tank in the basement of the existing dwelling is noted on
the Environmental Site Screening Questionnaire. Staff have further evaluated the
proposed threat since initial pre-consultation in March 2024, and consider it to be a low
risk with respect to the Region’s Threats Inventory Database. As such, a Record of Site
Condition is not required for this application in accordance with the Region’s
Implementation Guideline for the Review of Development Applications on or Adjacent to
Known and Potentially Contaminated Sites.
Environmental and Stationary Noise
At this location, the proposed development may encounter environmental noise sources
from Lancaster Street West (Regional Road #29), Provincial Highway 85 (Conestoga
Parkway), and potential stationary noise sources from existing land uses in the vicinity.
In lieu of a detailed noise study, the Region will require as a condition of consent
approval that the owner/applicant enter into a registered Development Agreement with
the Region of Waterloo to implement the following noise mitigation measures for all
dwelling units on the severed and retained lands:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
Parks’ NPC-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase
and sale and/or rental agreements:
“Purchasers/tenants are advised that sound levels due to increasing road
traffic may occasionally interfere with some activities of the dwelling
occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of Environment, Conservation and Parks.”
Document Number: 4749612 Version: 1 Page 6 of 9
“This dwelling unit has been supplied with a central air conditioning system
which will allow windows and exterior doors to remain closed, thereby
ensuring that the indoor sound levels are within the sound level limits of the
Municipality and Ministry of Environment, Conservation and Parks.”
“Purchasers/tenants are advised that due to the proximity of the adjacent
industries, noise from these industries may at times be audible.”
Regional Consent Review Fee
Regional staff are not in receipt of the required consent review fee of $350. This fee is
required as a condition of approval for the consent application.
Fees must be paid individually and separately to the Region. Fees can be submitted in-
person, by mail, or EFT.
Arrange EFT by emailing pwalter@regionofwaterloo.ca.
Cheque or bank draft can be dropped off at Regional Head Office lobby/security
(on the main floor), located at 150 Frederick St, Kitchener. 15-minute parking is
available at the rear of the building, outside the Kitchener Public Library, at the
intersection of Queen Street North and Ahrens Street East.
Cheque or bank draft can be mailed as follows:
o Attention of Peggy Walter, Planning, Development and Legislative
Services, Regional Municipality of Waterloo, 150 Frederick St, Kitchener,
ON N2G 4J3.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the Region of Waterloo to implement the following conditions for
all dwelling units on both retained and severed lots:
a) That all dwelling units be constructed with a central air conditioning system.
The location, installation and sound ratings of the outdoor air conditioning
devices shall comply with the Ministry of the Environment, Conservation and
Parks’ NPC-300 noise guideline, as applicable.
b) That the following warning clauses be included in all agreements of purchase
and sale and/or rental agreements:
i) “Purchasers/tenants are advised that sound levels due to increasing
road traffic may occasionally interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of
the Municipality and the Ministry of Environment, Conservation and
Parks.”
ii) “This dwelling unit has been supplied with a central air conditioning
system which will allow windows and exterior doors to remain closed,
thereby ensuring that the indoor sound levels are within the sound
Document Number: 4749612 Version: 1 Page 7 of 9
level limits of the Municipality and Ministry of Environment,
Conservation and Parks.”
iii) “Purchasers/tenants are advised that due to the proximity of the
adjacent industries, noise from these industries may at times be
audible.”
Document Number: 4749612 Version: 1 Page 8 of 9
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law 23-062. If any other applications are required to facilitate the
application, note that fees are subject to change and additional requirements may apply.
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances.
Please accept this letter as our request for a copy of the staff reports, decisions and
minutes pertaining to each of the consent applications noted above. Should you require
Regional Staff to be in attendance at the meeting or have any questions, please do not
hesitate to contact the undersigned.
Sincerely,
Will Towns, RPP
Senior Planner, Community Planning
wtowns@regionofwaterloo.ca
519-818-1868
Document Number: 4749612 Version: 1 Page 9 of 9
August 2, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting August 20, 2024
Applications for Minor Variance
A 2024-058175Hoffman StreetA 2024-06467 Kimberly Crescent
A 2024-06095 Brunswick AvenueA 2024-065570 Frederick Street
A 2024-06125 Palace StreetA 2024-0661180 Union Street
A 2024-06240 Palace StreetA 2024-0671180 Union Street
A 2024-063908 Chapel Hill Court
Applicationsfor Consent
B 2024-017135 Gateway Park DriveB 2024-020573 Guelph Street
B 2024-018135 Gateway Park DriveB 2024-02162 Gage Avenue
B 2024-019250 Shirley AvenueB 2024-0221180 Union Street
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario
Regulation 41/24and,therefore,a permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 135 Gateway Park Drive - B 2024-017
Date:Wednesday, July 31, 2024 2:46:39 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-017 dated July 25, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at
this
time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
Stormcentre (hydroone.com)
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local
Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com
From:AMIN Pranav
To:Committee of Adjustment (SM)
Subject:Kitchener - 135 Gateway Park Drive - B 2024-018
Date:Wednesday, July 31, 2024 2:48:32 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-018 dated July 25, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns at
this
time. Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
Stormcentre (hydroone.com)
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.com to be connected to your Local
Operations Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com