HomeMy WebLinkAboutDSD-2024-483 - B 2024-030 - 630 Benninger Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD INVOLVED: Ward 5
DATE OF REPORT: November 6, 2024
REPORT NO.: DSD-2024-483
SUBJECT: Consent Application B2024-030 630 Benninger Drive
RECOMMENDATION:
That Consent Application B2024-030 for 630 Benninger Drive requesting consent to
create an irregular shaped access Easement over the internal roadway, within Unit 2
of Waterloo Vacant Land Condominium Plan 782, in favour of Units 3-9 of WVLCP
782, in accordance with Parts 1 and 2 on Reference Plan 58R-21439, prepared by
MTE Ontario Land Surveyors Ltd., dated June 8, 2022, BE APPROVED subject to the
following conditions:
1. That the O
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
Director, Development and Housing
Approvals:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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 prior to final approval, the Owner/Applicant submits a valid Section 59 notice.
REPORT HIGHLIGHTS:
The purpose of this report is to review a consent application to create an access
easement over a private roadway in a Vacant Land of Condominium to permit access
to adjacent vacant land of condominium parcels to Benninger Drive.
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 Benninger Drive, near the intersection of Ottawa Street
North and Trussler Road. The existing property contains multiple dwelling blocks in the
form of stacked townhouses. The property has been subject to a Vacant Land
Condominium Application in order to divide the parcels into townhouse blocks and was
approved by Kitchener City Council. The original intent for Units 1-9 of WVLCP 782 was
for the lands to be further developed with a standard condominium application and this
portion of the road would be part of the common elements of the future condominium
application. At this time, the owners have decided not to proceed with a standard
condominium application for the private roadway and are required to establish legal
access to each unit along the established internal roadway.
The proposed easement will be defined by boundaries that are already established
through Registered Plan 58R-21439 and are identified as Reverie Way shown in Figure 1.
Figure 1: Location Map 630 Benninger Drive
Figure 2: Reference Plan 58R-21439 630 Benninger Drive
Figure 3: Location of Easement on WVLCP 782 630 Benninger Drive
The subject property Community Areas
Map 2
Map 3
Mixed Use One Zone (MIX-1) with Site Specific Provisions (27),
and (69)-law 2019-051.
Figure 4: Reverie Way 630 Benninger Drive
Figure 5: Future townhouses under construction 630 Benninger Drive
Figure 6: Reverie Way 630 Benninger Drive
The purpose of this report is to review a consent application to create an access easement
over a parcel of land in a Vacant Land of Condominium to permit access to adjacent
vacant land of condominium units/parcels.
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
PPS (2024) and Regional Official Plan
As the application is to facilitate an access easement, no lots are being created or lot lines
being adjusted, and no physical changes to the existing development are proposed, it is
or Regional Official Plan are
specifically relevant, and that the application would conform to these plans and policies.
Community Areas and Neighbourhood Node
2 Low Rise Residential and Mixed Use
Section 17.E.20.4. outlines that 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.
Zoning By-law 2019-051
Mixed Use One (MIX-1) with Site Specific Provisions (27)
and(69)in Zoning By-law 2019-051.
-law the use of the subject lands for townhouse
dwellings MIX-1 complies with
the Zoning By-law with respect to setbacks and parking.
The access easement would not negatively impact the functioning of the site. It will have
the opposite effect as it will facilitate access for Units 3-9 to Benninger Drive.
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 easement is
desirable and appropriate.
Environmental Planning Comments:
No environmental planning comments or concerns.
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Since the application is to convey an access easement, Engineering has no comments.
Parks/Operations Division Comments:
No parks/operations comments or concerns.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The applicant/owner proposes consent to create an access easement over the internal
roadway in Unit 2, in favour of Units 3-9, within WVLCP 782 (as illustrated on Parts 1 and
2 on Plan 58R-21439). The access easement will provide Units 3 through 9 with legal
access to and from Benninger Drive, and facilitate redevelopment of the site in accordance
with approved Site Plan SP21/017/B/CD. Originally, the road was planned to be registered
as common element within a standard plan of condominium. However, this is no longer
possible as the owners have decided not to proceed with said registration of Units 1
through 9.
The subject lands are within the Urban Area Boundary and are designated Greenfield
Area in the Regional Official Plan (Maps 1, 2). The subject lands are designated Low
Rise Residential/ Mixed Use Land Use) and zoned
Mix-1.
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act, and
Wellhead Protection Sensitivity Area and Groundwater Recharge Area under the Regional
Official Plan. A Notice of Source Protection Plan Compliance (Section 59 Notice) is
required as part of a complete application. Please visit the TAPS website to obtain
documentation and for further information: https://taps.regionofwaterloo.ca/. The Section
59 Notice will be required as condition of approval for the consent application.
Regional Review Fees
Regional Staff received the required consent review fee of $350 on November 1, 2024.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional Municipality of
Waterloo.
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 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
DSD-2022-347
DSD-2023-252
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
November 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:
B 2024-029 to B 2024-36 exclusively
Committee of Adjustment Hearing November 19, 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: 4817591
B 2024-029
62 Fourth Ave
PLAN 254 PT LOT 75 PT LOT 76
Owner: Ken Hodgins
Application: Jon O’Malley
The applicant/owner proposes consent to sever existing residential parcel to create a
new lot; the proposed lots being equal in dimension: 7.62m width, 40.37m depth, and
307.62 sqm area. A building permit has been issued for the construction of a duplex
semi-detached dwelling, and the consent would facilitate the conveyance of each
dwelling on separate lots.
The subject lands are within the Delineated Built-up Area and Urban Area Boundary in
the Regional Official Plan (Map 1, 2). The subject lands are designated Low-Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-4.
Environmental Noise
At this location, the proposed development may encounter traffic noise sources due to
Highway7and Highway 8. It is the responsibility of the applicant to ensure the
proposed noise sensitive development isnot adversely affected by anticipated noise
impacts. To address the environmental noise impacts, the applicant must prepare an
Environmental Noise Study; the noise levels criteria and guidelines for the preparation
of the study should follow the Ministry of the Environment, Conservation and Park NPC-
300 requirements. The Regional process for this requirement can be provided upon
request.
In lieu of an Environmental Noise Study, the Region will require as a condition of
consent approval that the owner/applicant enter into a registered Development
Agreement with the City of Kitchenerto implement the following noise mitigation
measures:
a) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements for all dwelling units on the retained and severed lots:
(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.”
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application. Please visit the TAPS website to obtain documentation and for
further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be
required as condition of approval for the consent application.
Document Number: 4817591
Regional Review Fees
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.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
3.That the Owner/Developer enter into a registered development agreement with
the City of Kitchener to include the following noise warning clause in all
agreements of offer of purchase/sale and lease/rental for all dwelling units on the
retained and severed lots, to the satisfaction of the Region:
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 the Environment, Conservation and Parks.
Document Number: 4817591
B 2024-030
630 Benninger Dr
BLOCK 132, PLAN 58M-642
Owner: Activa Holdings Inc
Applicant: MHBC (Rachel Wolff)
The applicant/owner proposesconsent to create an access easement over the internal
roadway in Unit 2, in favour of Units 3-9, within WVLCP 782 (as illustrated on Parts 1
and 2 on Plan . 58R-21439). The access easement will provide Units 3 through 9 with
legal access to and from Benninger Drive, and facilitate redevelopment of the site in
accordance with approved Site Plan SP21/017/B/CD. Originally, the road was planned
to be registered as common element within a standard plan of condominium. However,
this is no longer possible as the owners have decided not to proceedwith said
registration of Units 1 through 9.
The subject lands are within the Urban Area Boundary and designated Greenfield Area
in the Regional Official Plan (Map 1, 2). The subject lands are designated Low-Rise
Residential/ Mixed Use in the City’s Official Plan (Map 3 – Land Use) and zoned Mix-1.
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act,
and Wellhead Protection Sensitivity Area and Groundwater Recharge Area under the
Regional Official Plan. A Notice of Source Protection Plan Compliance (Section 59
Notice) is required as part of a complete application. Please visit the TAPS website to
obtain documentation and for further information: https://taps.regionofwaterloo.ca/. The
Section 59 Notice will be required as condition of approval for the consent application.
Regional Review Fees
Regional Staff received the required consent review fee of $350 on November 1, 2024.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
Document Number: 4817591
B 2024-031
829 Stirling Ave S
PT LT 3 PL 785 KITCHENER AS IN 876791
Owner: KK Holding Inc
Applicant: Venkata Thamma
The applicant/owner proposes consent to sever existing residential parcel to create a
new lot, each lot being equal in dimension: 7.92m width, 45.72m depth, and 362.31sqm
area. The consent will facilitate the redevelopment of the subject site with construction
of a duplex semi-detached dwelling on each lot.
The subject lands are within the Delineated Built-up Area and Urban Area Boundary in
the Regional Official Plan (Map 1, 2). The subject lands are designated Low-Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-5.
Environmental Noise
At this location, the proposed development may encounter noise sources due to Hwy 7
and Hwy 8. It is the responsibility of the applicant to ensure the proposed noise
sensitive development is not adversely affected by anticipated noise impacts. To
address the environmental noise impacts, the applicant must prepare an Environmental
Noise Study; the noise levels criteria and guidelines for the preparation of the study
should follow the Ministry of the Environment, Conservation and Park NPC-300
requirements. The Regional process for this requirement can be provided upon request.
In lieu of an Environmental Noise Study, the Region will require as a condition of
consent approval that the owner/applicant enter into a registered Development
Agreement with the City of Kitchenerto implement the following noise mitigation
measures:
a) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements for all dwelling units on the retained and severed lots:
(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.”
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application. Please visit the TAPS website to obtain documentation and for
further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be
required as condition of approval for the consent application.
Document Number: 4817591
Regional Review Fees
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.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
3. That the Owner/Developer enter into a registered development agreement with
the City of Kitchener to include the following warning clauses in all agreements of
purchase and sale and/or rental agreements for all dwelling units on theretained
and severed lots:
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.”
Document Number: 4817591
B 2024-032/ B 2024-033
75 Otterbein Rd (severed/retained)
PLAN 58M654 BLK 1
Owner: Nitin Jain / KOLB CREEK LAND CORP
Applicant: MHBC (Dave Aston)
The applicant/owner is proposing consent to create a number of reciprocal easements
for access, infrastructure and maintenance. The consent will facilitate redevelopment of
the site in accordance with Site Plan SP22/078/O/ES (approved in principle). The
proposed easements are as follows: Part 2 and 5 (access and servicing); Part 6 and 7
(servicing and drainage).
The applicant notes that the current consent applications represent a resubmission of
B2023-039, the difference being that more information is provided on the applicable
parts, while the severance plan remains the same. B2023-040 created the two parcels
(conditionally approved with lapsing date of October 27, 2025), while B2023-039 had
proposed associated easements.
The applicant states that the consent applications will facilitate the creation of two
separate condominiums that function as a single cohesively planned development,
while satisfying construction, phasing, and financing concerns. The site is planned to be
developed with two 6-storey apartment buildings (48 units each) and three townhouse
blocks (57 units), for a total of 153 units, including common amenity areas, private
access roads, and surface parking (169 spaces).
The subject lands are within the Urban Area Boundary and designated Greenfield Area
in the Regional Official Plan (Map 1, 2). The subject lands are designated Medium-Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-6.
Salt Management Plan (Advisory)
The property is in a vulnerable area under the 2022 Grand River Source Protection
Plan, but not within the area where Risk Management Plan or prohibition polices
implemented by the Region of Waterloo apply.
The owner/applicant is advised that a Salt Management Plan (SMP) is required to be
submitted for review and approval by the Region as through the related Site Plan
application.
Airport Zoning Regulations (Advisory)
The parcel is within the Airport Zoning Regulations (AZR) with an allowable elevation of
356.5m ASL, which is roughly 37m above existing ground. Any cranes used onsite is
expected to exceed this height limitation and would therefore require an exemption to
the AZR. Note that an aeronautical assessment had previously been completed for 50
Otterbein Road, showing an allowable height of 393m ASL. Development height was
below this elevation, and so the airport approved of the exemption.
Document Number: 4817591
The developer is required to submit a Land Use Assessment to Nav Canada for the
building and any cranes, and obtain a letter of no objection to the satisfaction of the
Region. https://www.navcanada.ca/en/aeronautical-information/land-use-program.aspx
If an AZR exemption is required (any obstacles above 356.5m ASL), then the developer
will also need to submit an Aeronautical Assessment Form to Transport Canada and
comply with all requirements. https://tc.canada.ca/en/aviation/general-operating-flight-
rules/marking-lighting-obstacles-air-navigation
Regional Review Fees
Regional Staff are not in receipt of the required consent review fee of $350 per
application. 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.
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 per application
to the Regional Municipality of Waterloo.
Document Number: 4817591
B 2024-034/ B2024-035
70 Rutherford Dr/ 74 Rutherford Dr
PART LOT 7 PLAN 742 BEING PARTS 1-4ON PLAN 58R-21514
Owner: Pero/Mirjana Perencevic
Applicant: Bobicon Ltd (Boban Jokanovic)
The owner/applicant is proposing consent to create reciprocal easements for access to
parking lot. The subject lands were severed into two lots through approved consent
B2022-003. A reciprocal easement was not required at that time.
The subject lands are within the Urban Area Boundaryand designated Built-Up Areain
the Regional Official Plan (Map 1, 2). The subject lands are designated Low Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-4.
Regional Review Fees
Regional Staff are not in receipt of the required consent review fee of $350 per
application. 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.
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 per application
to the Regional Municipality of Waterloo.
Document Number: 4817591
B 2024-036
73 Fourth Ave
LT 95 PL 254 TWP OF WATERLOO
Owner: Nikola Vrzic
Applicant: Bobicon Ltd (Boban Jokanovic)
The owner/applicant is proposing consent to sever existing residential lot to create new
residential lot. The retained and severed lots being equal in dimension; 10.058m width,
40.279m depth, and 405.126sqm area. The consent will facilitate the redevelopment of
the new lot with a detached duplex dwelling. Frontage and access on Fourth Ave for
both lots is proposed.
The subject lands are within the Urban Area Boundary and designated Built-Up Area in
the Regional Official Plan (Map 1, 2). The subject lands are designated Low Rise
Residential in the City’s Official Plan (Map 3 – Land Use) and zoned RES-4.
Environmental Noise
At this location, the proposed development may encounter traffic noise sources due to
Highway7andHighway 8. It is the responsibility of the applicant to ensure the
proposed noise sensitive development is not adversely affected by anticipated noise
impacts. To address the environmental noise impacts, the applicant must prepare an
Environmental Noise Study; the noise levels criteria and guidelines for the preparation
of the study should follow the Ministry of the Environment, Conservation and Park NPC-
300 requirements. The Regional process for this requirement can be provided upon
request.
In lieu of an Environmental Noise Study, the Region will require as a condition of
consent approval that the owner/applicant enter into a registered Development
Agreement with the City of Kitchenerto implement the following noise mitigation
measures:
a) That the following warning clauses be included in all agreements of purchase and
sale and/or rental agreements for all dwelling units on the retained and severed lots:
(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.”
Source Water Protection
The subject lands are within a Wellhead Protection Area under the Clean Water Act and
Wellhead Protection Sensitivity Area under the Regional Official Plan. A Notice of
Source Protection Plan Compliance (Section 59 Notice) is required as part of a
complete application. Please visit the TAPS website to obtain documentation and for
Document Number: 4817591
further information: https://taps.regionofwaterloo.ca/. The Section 59 Notice will be
required as condition of approval for the consent application.
Regional Review Fees
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.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That the Owner/Applicant submit the Section 59 Notice to the Regional
Municipality of Waterloo.
2. That the Owner/Applicant submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
3. That the Owner/Applicant enter into a registered development agreement with
the City of Kitchener to include the following noise warning clause in all
agreements of offer of purchase/sale and lease/rental for all dwelling units on the
retained and severed lots, to the satisfaction of the Region:
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 the Environment, Conservation and Parks.
Document Number: 4817591
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 RPP
Planner, Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Document Number: 4817591
November 4, 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 November 19, 2024
Applications for Minor Variance
A 2024-090386 Wake Robin CrescentA 2024-098153 Eighth Avenue
A 2024-09132 Burgetz AvenueA 2024-100100-106 St. George Street
A 2024-09234 Burgetz AvenueA 2024-101100-106St. George Street
A 2024-09336 Burgetz AvenueA 2024-102100-106 St. George Street
A 2024-09438 Burgetz AvenueA 2024-103100-106 St. George Street
A2024-09529 The CrestwayA 2024-10470 Rutherford Drive
A 2024-096165 Fairway Road NorthA 2024-10574 Rutherford Drive
A 2024-097593 Ephraim StreetA 2024-10673 Fourth Avenue
Applicationsfor Consent
B 2024-02962 Fourth AvenueB 2024-034 & B 2024-03570 & 74
B 2024-030630 Benninger DriveRutherford Drive
B 2024-031829 Stirling Avenue SouthB 2024-03673 Fourth Avenue
B2024-032& B 2024-03375 Otterbein
Road
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 - 630 Benninger Drive - B 2024-030
Date:Wednesday, November 6, 2024 4:49:54 PM
Attachments:image001.png
Hello,
th
We are in receipt of your Application for Consent, B 2024-030 dated October 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