HomeMy WebLinkAboutDSD-2024-527 - B 2024-017, B 2024-018 & B 2024-037 - 135 Gateway Park Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: November 27, 2024
REPORT NO.: DSD-2024-527
SUBJECT: Consent Applications B2024-017, B2024-018 and B2024-037
135 Gateway Park Drive
RECOMMENDATION:
Consent Application B2024-018 135 Gateway Park Drive - REVISED
That Consent Application B2024-018 requesting consent to sever a parcel of land
having a lot width of 180 metres, a lot depth of 84 metres and a lot area of 18,624
square metres, and to
, B2024-017, B2024-037, generally
in accordance with the severance sketch, prepared by MHBC Planning, dated
October 2024, BE APPROVED subject to the following conditions:
1. That
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
ing Technologist.
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.
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
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
Chief Building Official. The
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 - REVISED
That Consent Application B2024-017 requesting consent to create an Easement over
both the s, B2024-018, B2024-037
generally in accordance with the severance sketch, prepared by MHBC Planning,
dated October 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
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
and Housing
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 Ontario Land Surveyor (OLS), to the sati
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
es.
Consent Application B2024-037 135 Gateway Park Drive
That Consent Application B2024-037 requesting consent to sever a parcel of land
having a lot width of 84 metres, a lot depth of 65 metres and a lot area of 4,327
square metres, and to create an
B2024-017, B2024-018, generally in
accordance with the severance sketch, prepared by MHBC Planning, dated October
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 sat
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:
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.
6.
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
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 information
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 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
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.
11. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to review two severance applications to permit the
creation of two new parcels of land. Further an access easement is being created over
all parcels to maintain access to Tu Lane and Gateway Park Drive. No new
development is currently proposed.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The application was initially heard by the Committee of Adjustment in August 2024. At that
time the applicant had requested a deferral of the application in order to have further
discussions with Utilities staff. Since that time the applicant has revised the application to
add an additional severance in order for each existing building to be located on a lot in
order to be dealt with separately.
The subject property is located on Gateway Park Drive with frontage on Tu Lane and King
Street East. The existing property contains 3 commercial buildings. The applicant
proposes to sever the lots so that 1 commercial building is on the Retained Parcel, and 2
commercial buildings are each on their own Severed Parcel. 1 severed parcel will contain
the current restaurant use, and the other severed parcel will contain the former Landmark
movie theatre. The applicant also proposes to create an easement over both severed
parcels and theretained lands in order to maintain the access through the site for all
properties to use in the future. These accesses currently exist and will remain on the
properties without any new access created.
Figure 1: Location Map: 135 Gateway Park Drive
Figure 2: Initial proposed lot fabrics
Figure 3: Initial proposed easements
Figure 4: Revised proposed lot fabrics
Figure 5: Revised proposed easements
The Major Transit Station Area Urban
Commercial Campus
Official Plan.
Commercial Campus Zone (COM-4Zoning By-law 2019-051.
The purpose of the applications is to sever an existing lot to create three (3) lots. The
retained lands will contain 1 commercial building, while the severed lands will each contain
1 commercial building. The current buildings will be remaining on site. An access
easement is also proposed in order for all three (3) new lots to have access to the existing
entrances/exits within the whole of the property as it exists today.
Figure 6: Existing building and existing conditions
Figure 7: Existing building and existing conditions
Figure 8: Existing buildings and existing conditions
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
The Provincial Planning Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 2.1.6 of the PPS promotes
the achievement of complete communities by accommodating an appropriate range and
mix of land uses, housing options, transportation options, with multimodal access,
employment, public service facilities, and other institutional uses, recreation, parks and
open space, to meet long term needs. The PPS promotes an appropriate range and mix of
housing options, as well as a range of employment, institutional and broader mixed uses
to meet long term needs. It also supports the use of active transportation and requiring
transit supportive development.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed application 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.
Planning staff are of the opinion that the severance applications conforms to the Regional
Official Plan.
Major Transit Station Area Urban
Structure and is Commercial Campus
Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
Zoning By-law 2019-051
Commercial Campus Zone (COM- in Zoning By-law
2019-051. The lands that are to be severed and the lands to be retained will remain within
the COM-4 zoning, and the buildings that currently operate the lands will continue to be in
operation.
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. The uses of both the severed and retained parcels are in
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lots are suitable for the use of the
lands and compatible with the surrounding community. The severed lands front onto an
established public street and are serviced with municipal services. Staff is further of the
opinion that the proposal is consistent with the Region of Waterloo Official Plan, the
Provincial Planning Statement, and is good planning and in the public interest.
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No heritage planning concerns.
Building Division Comments:
B2024-017:
The Building Division has no objections to the proposed consent.
B2024-018:
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:
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.
B2024-037:
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:
satisfaction of the Chief Building Official. Closing in of openings may be required, pending
spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Engineering Division Comments:
B2024-017 135 Gateway Park Drive (Easement)
No concerns
B2024-018 135 Gateway Park Drive (Severance and Easement)
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
jason.brule@kitchener.ca.
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.
B2024-037 135 Gateway Park Drive (Severance and Easement)
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
jason.brule@kitchener.ca.
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.
Parks/Operations Division Comments:
B2024-017 135 Gateway Dr (Easement)
No concerns, no requirements.
B2024-018 and B2024-037 135 Gateway Dr (Severances and Easement)
The current use of the COM-4 zoned land is commercial and in accordance with Parkland
Dedication Bylaw 2022-101 and Parkland Dedication Policy MUN-PLA-1074, Parkland
Dedication is not required for this Severance. Please note that if either the severed or
retained property is subject to a redevelopment application it will be assessed for Parkland
Dedication according to the Planning Act, the Parkland Dedication Bylaw 2022-101 and
Parkland Dedication Policy MUN-PLA-1074 in effect at the time of a site plan application.
Transportation Planning Comments:
Applications No. B 2024-017 and B2024-018 Gateway Park Drive
widening with an ultimate road width of 26 metres between Sportsworld Drive and King
Street. Therefore, a conveyance of approximately 3 metres along the entire Gateway Park
Drive frontages (retained and severed) is required. A reference plan be submitted by an
Ontario Land Surveyor (OLS) illustrating the road widening.
The 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 conveyed to the
City of Kitchener for a road widening of Gateway Park Drive to the satisfaction of
Engineering Services.
Region of Waterloo Comments:
Note: B2024-17 and B2024-18 were originally submitted with a concept to create two lots.
The applications were heard at August 2024 COA meeting, and then deferred to allow for
further discussion between Owner/Developer and City.
The Owner/Developer is proposing consent to sever to create three lots and associated
access easements. The easements would maintain current vehicular circulation and
access points. No physical redevelopment is proposed.
B2024-017/ Retained Lands/ Parts 1 and 2 approx. 1.24ha with 82.6m frontage on
Tu-Lane St and 181m frontage on Gateway Park Dr. Presently occupied by wholesale
business, 329 surface parking, and shared drive aisle (easement over Part 2).
B2024-037/ Severed Lands A/ Parts 3 and 4 approx. 0.48ha with 57 frontage on King
St E and 53.4m frontage on Tu-Lane St. Presently occupied by restaurant, 104 surface
parking, and shared drive aisle (easement over Part 4).
B2024-18/ Severed Lands B/ Parts 5 and 6 approx. 2.01ha with 237.7m frontage on
King St E and 194m frontage on Gateway Park Dr. Presently occupied by former
Landmark Cinema building, 397 surface parking, and shared drive aisle (easement
over Part 6).
In the Regional Official Plan, the subject lands are designated Delineated Built-up Area
within the Urban Area Boundary (Map 1, 2), and MTSA Sportsworld Station (Fig 8a).
Archaeological Assessment (Advisory)
These lands have been previously assessed for archaeological resources. However, to
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
ledgement
letter for our records.
Regional fee
Regional staff acknowledge receipt of the required consent review fees for the August
applications ($350 per application and $700 in total) on July 11, 2024.
Regional staff have not received the fee for consent review of $350 for the new
application. The payment of fee 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 the Owner/Developer submit the consent review fee of $350 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 Planning Statement (PPS 2024)
Regional Official Plan (ROP)
Official Plan (2014)
Zoning By-law 2019-051
DSD-2024-358
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
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 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: August 7, 2024
REPORT NO.: DSD-2024-358
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 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
prepared by MHBC Planning, dated March 2024, BE APPROVED subject to the
following conditions:
1. uments 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 satisfa
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 satisfa
endorsement.
8. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of the
City's Director of Engineering Services.
9. That any new driveways are to be built to City of Kitchener standards at the
10. That the Owner provides confirmation that the basement elevation can be drained
Engineering Services. If this is not the case, then the owner will need to pump the
sewage via a pump and forcemain to the property line and have a gravity sewer
Engineering Services.
11. That 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
tation 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 Gage Avenue, to the
12. 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
uilding Official. The
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
the etained in favour of the evered Parcel for access, generally in
accordance with the severance sketch, prepared by MHBC Planning, dated May
2024, BE APPROVED subject to the following conditions:
1. nsfer 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
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. dertaking, to register the approved Transfer
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
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 Gage Avenue, to the satisfaction
REPORT HIGHLIGHTS:
The purpose of this report is to review a severance application 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.
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 Gateway Park Drive with frontage on Tu Lane and King
Street East. The existing property contains 3 commercial buildings. The applicant
proposes to sever the lots so that 2 commercial buildings are on the Retained Parcel, and
1 commercial building is on the Severed Parcel. The 1 commercial building formally
contained the Landmark movie theatre. The applicant also proposes to create an
easement over both the severed and retained lands in order to maintain the access
through the site for both properties to use in the future. These accesses currently exist and
will remain on the properties without any new access created.
Figure 1: Location Map: 135 Gateway Park Drive
Figure 2: Proposed lot fabrics
Figure 3: Proposed easements
Major Transit Station Area Urban
Commercial Campus
Official Plan.
Commercial Campus Zone (COM-4Zoning By-law 2019-051.
The purpose of the application is to sever an existing lot to create two (2) lots. The
retained lands will contain 2 commercial buildings, while the severed lands will contain 1
commercial building. The current buildings will be remaining on site. An access easement
is also proposed in order for both lots to have access to the existing entrances/exits within
the property.
Figure 4: Existing building and existing conditions
Figure 5: Existing building and existing conditions
Figure 6: Existing buildings and existing conditions
REPORT:
Planning Comments:
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 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.
a and are in close
proximity to transit. The lands will continue to make efficient use of existing infrastructure,
roads, trails and transit.
Planning staff is of the opinion that the development proposal conforms to the Growth
Plan.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed application 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.
Planning staff are of the opinion that the severance applications conforms to the Regional
Official Plan.
Major Transit Station Area Urban
Structure and is Commercial Campus
Official Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
Zoning By-law 2019-051
Commercial Campus Zone (COM- in Zoning By-law
2019-051. The lands that are to be severed and the lands to be retained will remain within
the COM-4 zoning, and the buildings that currently operate the lands will continue to be in
operation.
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. The uses of both the severed and retained parcels are in
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lot is suitable for the use of the lands
and compatible with the surrounding community. The severed lands front onto an
established public street and are serviced with municipal services. Staff is further of the
opinion that the proposal is consistent with the Region of Waterloo Official Plan, the
Provincial Policy Statement, conforms to the Growth Plan for the Greater Golden
Horseshoe and is good planning and in the public interest.
Environmental Planning Comments:
No environmental planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
B2024-017:
The Building Division has no objections to the proposed consent.
B2024-018:
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:
satisfaction of the Chief Building Official. Closing in of openings may be required, pending
spatial separation calculation results.
2) A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Engineering Division Comments:
B2024-017 135 Gateway Park Drive (Easement)
No concerns
B2024-018 135 Gateway Park Drive (Severance and Easement)
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
christine.goulet@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:
B2024-017 135 Gateway Dr (Easement)
No concerns, no requirements.
B2024-018 135 Gateway Dr (Severance and Easement)
The current use of the COM-4 zoned land is commercial and in accordance with Parkland
Dedication Bylaw 2022-101 and Parkland Dedication Policy MUN-PLA-1074, Parkland
Dedication is not required for this Severance. Please note that if either the severed or
retained property is subject to a redevelopment application it will be assessed for Parkland
Dedication according to the Planning Act, the Parkland Dedication Bylaw 2022-101 and
Parkland Dedication Policy MUN-PLA-1074 in effect at the time of a site plan application.
Transportation Planning Comments:
widening with an ultimate road width of 26 metres between Sportsworld Drive and King
Street. Therefore, a conveyance of approximately 3 metres along the entire Gateway Park
Drive frontages (retained and severed) is required. A reference plan be submitted by an
Ontario Land Surveyor (OLS) illustrating the road widening.
The 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 conveyed to the
Engineering Services.
Region of Waterloo Comments:
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 been previously assessed for archaeological resources. However, to
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
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 have no objection to this application.
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
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 25, 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:
B2024-017, B2024-018, and B2024-037 to B2024-047 (inclusive)
Committee of Adjustment Hearing December 10, 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.
B2024-037 (NEW) & B2024-017 / B2024-018 62 Fourth Ave(DEFERRED)
135 Gateway Park Dr
PLAN 1744 BLK 4 PT LOT 1 PLAN 1745 LOTS 8-9 PT LOT 10 PT BLK 11
Owner: 1289193 ONTARIO INC.
Owner/Developer: MHBC c/o Emily Elliot & Jennifer Gaudet
Note: B2024-17 and B2024-18 were originally submitted with a concept to create two
lots. The applications were heard at August 2024 COA meeting, and then deferred to
allow for further discussion between Owner/Developer and City.
The Owner/Developer is proposing consent to sever to create three lots and associated
access easements. The easements would maintain current vehicular circulation and
access points. No physical redevelopment is proposed.
B2024-017/ Retained Lands/ Parts 1 and 2 – approx. 1.24ha with 82.6m frontage
on Tu-Lane St and 181m frontage on Gateway Park Dr. Presently occupied by
wholesale business, 329 surface parking, and shared drive aisle (easement over
Part 2).
B2024-037/ Severed Lands A/ Parts 3 and 4 – approx. 0.48ha with 57 frontage
on King St E and 53.4m frontage on Tu-Lane St. Presently occupied by
restaurant, 104 surface parking, and shared drive aisle (easement over Part 4).
B2024-18/ Severed Lands B/ Parts 5 and 6 – approx. 2.01ha with 237.7m
frontage on King St E and 194m frontage on Gateway Park Dr. Presently
occupied by former Landmark Cinema building, 397 surface parking, and shared
drive aisle (easement over Part 6).
In the Regional Official Plan, the subject lands are designated Delineated Built-up Area
within the Urban Area Boundary (Map 1, 2), and MTSA – Sportsworld Station (Fig 8a).
Archaeological Assessment (Advisory)
The subject lands have potential for recovery of archaeological resources, for which
Regional Staff do not have a record of clearance. While clearance is not required to
support this consent application, any future Planning Act application proposing physical
redevelopment of the site will require the submission of the completed Archaeological
Assessment and associated acknowledgment letter from the Ministry of Citizenship and
Multiculturalism. If in the Owner/Developer’s possession, please provide a copy of the
acknowledgement letter for our records.
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee 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 the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
B2024-038(AMENDMENT TO B2024-19)
250 Shirley Ave
TRACT GERMAN COMPANY PT LOT 122
Owner: HIDAYATH HOLDINGS INC c/o Farhan Hidayath
Owner/Developer: 1123766 Ontario Ltd c/o Sharon Shaw
Note: B2024-19 was originally heard at August 2024 COA, and approved. This
application is an amendment to the B2024-019 Decision, to include the partial discharge
of the mortgage, in favour of HSBC Bank Canada (or as assigned), registered as
WR1561020 on PIN 22712-0241 LT. 250 Shirley Ave will be granted a partial discharge
having the same legal description as the severance transfer to be stamped over 82024-
019.
The Owner/Developer is proposing consent to sever a triangular parcel of land in the
easterly rear yard having a width of 58m and an area of 0.15 hectares to be conveyed
as a lot addition to the property municipally addressed as 260 Shirley Ave (owned by
1123766 Ontario Ltd). The severed lands are vacant, while the retained and benefitting
lands are used for industrial purposes. The consent will facilitate a lot line adjustment
that conforms more closely to the current use of both properties.
In the Regional Official Plan, the subject lands are designatedDelineated Built-up Area
within the Urban Area Boundary (Map 1, 2), and Employment Area (Map 3).
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee 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 the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
B2024-039/040
120 Keewatin Ave - Parcel A/ Parcel B
PLAN 1515 LOT 34
Owner: Furoy, Guy & Sindjic, Drago
Owner/Developer: Craig Dumart
The Owner/Developer is proposing consent to sever to create two lots for future semi-
detached dwelling units and retain one lot for a future single detached dwelling. Being,
severed lot (Parcel A) with an area of 225 sqm and frontage of 7.5m; severed lot (Parcel
B) with an area of 230 sqm and frontage of 7.5m; and retained lot with an area of 783
sqm and frontage of 38.5m. The consent will facilitate the redevelopment of the subject
lands. No other development applications are anticipated to facilitate the proposal.
The subject lands are within the Delineated Built-up Area and Urban Area Boundary in
the Regional Official Plan (Map 1, 2).
Environmental Noise
Environmental Noise Study
Approval of an Environmental Noise Study will be required as a condition of consent
approval.
At this location, the proposed development may encounter environmental noise sources
due to Lackner Boulevard (RR# 54). It is the responsibility of the Owner/Developerto
ensure the proposed noise sensitive development is not adversely affected by
anticipated noise impacts. To address the environmental noise impacts, staff
recommend that the Owner/Developer 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 consultant who prepares the Environmental Noise Study must be listed on the
Region of Waterloo’ s Approved List of Noise Consultants. The noise consultant is
responsible for obtaining current information, applying professional expertise in
preforming calculations, making detailed and justified recommendations, submitting the
Consultant Noise Declaration and Owner/Authorized Agent Statement. The consultant
preparing the Environmental Noise Study must contact Region of Waterloo staff for
transportation data, including traffic forecasts and truck percentages, for the purpose of
preparing the Environmental Noise Study. Region of Waterloo staff will provide this data
within three weeks of receiving the request from the noise consultant.
Please note that there is a $500 fee for the preparation of the traffic forecasts and
review of the Environmental Noise Study. The noise consultant preparing the
Environmental Noise Study must submit the transportation data request online via
(https://rmow.permitcentral.ca/Permit/GroupApply?groupId=3 ). Resubmission of any
Transportation Noise Study may be subject to a $250 resubmission fee.
In the event that a stationary noise source is identified as potential concerns, the
Owner/Developer will be required to pay for a third party review by an external Noise
Consultant retained by the Region. The fee for this third party review is $4000 + HST.
Please submit payment for the third party review along with the submitted noise study.
Additional fees may apply depending on scope of review required.
Airport
While the site is partially located within the AZR, no issues are anticipated.
Other
Please note that a new access connection to Lackner Boulevard would not be
permitted. Staff understand that all accesses are proposed onto Keewatin Avenue and
are in agreement with that approach.
Regional Fees
Regional staff have not received the fee for consent review of $350 per application. The
payment of fee 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 the Owner/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
2. That the Owner/Developer complete the Environmental to the satisfaction of the
Regional Municipality of Waterloo, and if necessary, enter into an amending
agreement with the Region to implement any recommendation of the Noise
Study.
B2024-041–B2024-047
217 – 233 Lancaster St E; 98 & 102 Weber St E
Owner: 1678838 Ontario Inc (c/o William Reitzel) & William Reitzel/Lisa Willms
Owner/Developer: UP Consulting Ltd c/o David Galbraith
Consent to sever is proposed for a series of lot adjustmentsto residential properties
fronting Lancaster St E (5 parcels in total), and to consolidate lands on 98-102 Weber St
E. The Owner/Developer provides that the consents will re-establish individual lotting for
several properties which have inadvertently merged ontitle, with lot line adjustments to
facilitate the logical future build out of the block. Minor variances are also proposed to
facilitate the consents. A pre-submission application in September 2023, proposed
redevelopment of 98-102 Weber St E with a multi-unit residential building.
Redevelopment or site alteration is not proposed through the consent applications.
In the Regional Official Plan, the subject lands are designated Delineated Built-up Area
within the Urban Area Boundary (Map 1, 2), and MTSA – Frederick Station (Fig 8a).
Cultural Heritage, Archaeology, and Indigenous Engagement (Advisory)
Based on a review of the Region’s archaeological potential model, the subject
properties may possess the potential for the recovery of archaeological resources. The
Region does not require the submission of an archaeological assessment, however, the
Owner/Developer should be made aware that:
(1) If archaeological resources are discovered during future development or site
alteration of the subject property, the Owner/Developer will need to immediately
cease alteration/development and contact the Ministry of Citizenship and
Multiculturalism. If it is determined that additional investigation and reporting of
the archaeological resources is needed, a licensed archaeologist will be required
to conduct this field work in compliance with S. 48(a) of the Ontario Heritage Act;
and/or,
(2) If human remains/or a grave site is discovered during development or site
alteration of the subject property, the Owner/Developer will need to immediately
cease alteration and must contact the proper authorities (police or coroner) and
the Registrar at the Bereavement Authority of Ontario in Compliance with the
Funeral, Burial and Cremation Services Act, 2002 S. 96 and associated
Regulations.
Environmental Noise
At this location, the proposed development may encounter traffic noise sources due to
Weber St E (RR#8). It is the responsibility of the Owner/Developer to ensure the
proposed noise sensitive development is not adversely affected by anticipated noise
impacts. To address the environmental noise impacts, the Owner/Developer 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.
217-233 Lancaster St E
In lieu of an Environmental Noise Study for the properties fronting on Lancaster St E,
the Region will require as a condition of consent approval that the Owner/Developer
enter into a registered Development Agreement with the Region of Waterloo to
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 parcels municipally
addressed as 217 Lancaster St E, :221 Lancaster St E, 225 Lancaster St E, 229
Lancaster St E, and 233 Lancaster St E:
(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.”
98-102 Weber St E
An Environmental Noise Study will be required for the properties fronting on Weber St
E. The Region will require as a condition of consent approval that the Owner/Developer
enter into a registered Development Agreement with the Region of Waterloo to
complete an Environmental Noise Study prior to Site Plan approval, and to enter into an
Amending agreement with the Region and/or City to implement the recommendations of
the Noise Study.
a) That prior to Site Plan approval the Owner/Developer agrees to complete a Detailed
Environmental Noise Study for properties municipally addressed as 98-102 Weber
St E to assess transportation and stationary noise, and to enter into an Amending
Agreement with the Region of Waterloo and/or the City of Kitchener (if required) to
implement the recommendations of the Study, all to the satisfaction of the Region.
Road Widening (Advisory)
The following will be a condition of a future Site Plan application:
At this location, the subject property has direct frontage to Regional Road 08(Weber
Street East). Weber Street East has a designated road width of 26.213m in accordance
with Schedule ‘A’ of the Regional Official Plan (ROP). We estimate that an approximate
road widening of 3.5 metres will be required along the Weber Street East frontage of the
property.
The Owner/Developer must engage an OLS to prepare a draft reference plan which
illustrates the required road allowance and daylight triangle widening. Prior to
registering the reference plan, the OLS should submit a draft copy of the plan to the
Transportation Planner for review. An electronic copy of the registered plan is to be
emailed to the Transportation Planner. Further instructions will come from the Region’s
Legal Assistant regarding document preparation and registration.
It is recommended that the OLS contact Region staff to discuss the road widening prior
to preparing the Reference Plan. The land must be dedicated to the Region of Waterloo
for road allowance purposes and must be dedicated without cost and free of
encumbrance. All land dedications must be identified on the Site Plan. Please ensure
the road widening lands are excluded from any future Record of Site Condition (RSC)
filing for the overall property, if one is required.
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/Developer submit the consent review fee of $350 per application
to the Regional Municipality of Waterloo.
2. That the Owner/Developer enter into a registered Development Agreement with
the Region of Waterloo to 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
parcels municipally addressed as 217 Lancaster St E, :221 Lancaster St
E, 225 Lancaster St E, 229 Lancaster St E, and 233 Lancaster St E:
“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.”
3.That the Owner/Developer enter into a registered Development Agreement with
the Region of Waterloo agreeing to complete prior to Site Plan approval, a
Detailed Environmental Noise Study for properties municipally addressed as 98-
102 Weber St E to assess transportation and stationary noise, and to enter into
an Amending Agreement with the Region of Waterloo and/or the City of
Kitchener (if required) to implement the recommendations of the Study, all to the
satisfaction of the Region.
General Comments
Any submission requirements may be subject to peer review, at the owner/
Owner/Developer’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
November 25, 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 December 10, 2024
Applications for Minor Variance
A 2024-07596 Wood StreetA 2024-110171 Otterbein Road
A 2024-10715-105 Mooregate CrescentA 2024-111124 Cedar Street South
A 2024-10842 Wendy CrescentA 2024-112578 Guelph Street
A 2024-10925 Sandsprings CrescentA 2024-1131838 Trussler Road
Applicationsfor Consent
B 2024-017135 Gateway Park DriveB 2024-038250 Shirley Avenue
B 2024-018135 Gateway Park DriveB 2024-039120 Keewatin Avenue
B 2024-037135 Gateway Park DriveB 2024-040120 Keewatin Avenue
Applications for Consent and Minor Variance
B 2024-041 to B 2024-047217-233 Lancaster Street East & 98-102 Weber Street East
A 2024-114 to A 2024-119217-233 Lancaster Street East & 98-102 Weber Street East
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