HomeMy WebLinkAboutDSD-2024-509 - B 2024-038 - 250 Shirley Avenue
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: Ben Suchomel, Student Planner, 519-783-8948
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: November 27, 2024
REPORT NO.: DSD-2024-509
SUBJECT: Consent Application B2024-038 250 Shirley Avenue
RECOMMENDATION:
That Consent Application B2024-038 for 250 Shirley Avenue to permit the partial
discharge of a Mortgage on an irregular parcel of land having a lot area of 0.15
hectares located at the rear of the subject lands, municipally known as 250 Shirley
Avenue, which is proposed to be conveyed as a lot addition to the lands,
municipally known as 260 Shirley Avenue, 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
4. That the Owner/Applicant submit the required consent review fee of $350 to the
Regional Municipality of Waterloo.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The purpose of this report is toreview a consent application topermit the partial
discharge of a Mortgage on an irregular parcel of land which isproposed to be
conveyed as a lot addition to the lands, municipallyknown as 260 ShirleyAvenue.
There are nofinancial 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 islocated on the south side of Shirley Avenue between Riverbend
Drive and Bingemans Centre Drive.
Urban
Land Use in the
al Plan.
--law
2019-051.
The purpose of the application isto permit the partial discharge of a Mortgage on an
irregular parcel of land which is proposed to be conveyed as a lot addition to the lands,
municipally known as 260 Shirley Avenue.The buildings on 250 and 260 Shirley Avenue
areexistingand no new Gross Floor Area (GFA) is proposed.
Figure 1: Location Map 250 Shirley Avenue (Outlined in Red)
Figure 2: Site Plan
Staff conducted a site visit to the subject property on November 21, 2024.
Figure 3: Existing Industrial Facility at 250 Shirley Avenue on November 21, 2024
Staff note that the subject property was previously subject to consent application B2024-
019, which had requested consent and was approved to sever the same triangular-shaped
parcel of land measuring 58 metres in width and an area of 1,500 square metres (0.15
hectares) and was to be conveyed as a lot addition to the property located at 260 Shirley
Avenue. Staff have noted that the reason for this application results from the fact that the
applicant had not previously requested a partial discharge of the mortgage. The
application currently before the Committee is now a request for the partial discharge of the
mortgage.
REPORT:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (2024) and Regional Official Plan (ROP):
As the proposal is to facilitate a partial discharge of a mortgage, no new lots are being
created, and no physical changes to the existing development are proposed, it is Planning
or Regional Official Plan are specifically relevant,
and that the application would conform to these plans and policies.
With respect to the Official Plan, no new parcels will be created through this application. The
consent will not frustrate the planned function or ability of the sited to operate or appear to
impede the outcome of any future planning processes. The use of properties are in
In considering that the intent of the proposal is to facilitate an administrative consent required
by the Planning Act and that no changes are proposed to the existing development on the
policies of the Official Plan.
Zoning By-law 2019-051
-law the use of the subject lands for industrial purposes is
EMP-3
with the Zoning By-law with respect to setbacks and parking. The partial discharge of the
mortgage would not negatively impact the use of the lands and no minor variances are
required as a result.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
There has been a previous Committee of Adjustment application B2024-019 for this
property that was considered as a lot addition and no Parkland Dedication was required.
In accordance with Parkland Dedication Bylaw 2022-101 and Parkland Dedication Policy
MUN-PLA-1074, Parkland Dedication is not required for B2024-038 as no new lot is being
created.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
Regional Fee:
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Regional Staff has no objection to this application subject to the following condition(s):
1. That the Owner/Applicant submit the required consent review fee of $350 to the
Regional Municipality of Waterloo.
Grand River Conservation Authority (GRCA) Comments:
GRCA has no objection to the approval of the application. The subject properties do not
contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The property is not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Metrolinx Comments:
Metrolinx is in receipt of the amended Consent application for 250 Shirley Ave, B-2024-
038, which is to provide amendment to the B-2024-019 Decision. Be advised Metrolinx
has previously provided comments on the related Consent Application B-2024-019
(attached for reference).
We note the amendment has no impact on Metrolinx property (Guelph Subdivision) and
does not change our previous comments.
Please keep us engaged should re-development of the subject lands be contemplated, as
we may have further comments/requirements.
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)
2014 Official Plan
Zoning By-law 2019-051
DSD-2024-350
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:Farah Faroque
To:Committee of Adjustment (SM)
Cc:Jenna Auger
Subject:RE: ACTION REQUIRED - Committee of Adjustment Application Review – December 10, 2024 Meeting
Date:Tuesday, November 19, 2024 3:04:47 PM
Attachments:image001.png
Metrolinx - B 2024-019 - 250 Shirley Ave.pdf
Good afternoon Connie,
Metrolinx is in receipt of the amended Consent application for 250 Shirley Ave, B-2024-038,
which is to provide amendment to the B-2024-019 Decision. Be advised Metrolinx has
previously provided comments on the related Consent Application B-2024-019 (attached for
reference).
We note the amendment has no impact on Metrolinx property (Guelph Subdivision) and does
not change our previous comments.
Please keep us engaged should re-development of the subject lands be contemplated, as we
may have further comments/requirements.
Best Regards,
Farah Faroque (she/her)
Project Analyst, Third Party Projects Review
Real Estate & Development
Metrolinx
10 Bay Street | Toronto | Ontario | M5J 2N8
T: 437.900.2291
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Sent: Friday, November 15, 2024 3:02 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review – December 10, 2024
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
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Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, December 10, 2024, have been loaded and circulated
through ShareFile.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Please note: If you have comments, your written report must be sent to
CofA@kitchener.ca no later than 12 noon on Monday, November 25, 2024.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen
Administrative Clerk | Legislated Services | City of Kitchener
519-741-2200 ext. 7109 | TTY 1-866-969-9994 | cofa@kitchener.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
this in error, please contact the sender and delete all copies of the e-mail together with any
attachments.
BY EMAIL ONLY
TO:Committee of Adjustment, City of Kitchener
th
Development & Approvals 200 King Street Wet, 6Floor, Kitchener, ON, N2G 4G7
CofA@kitchener.ca
DATE:August 6, 2024
RE:Adjacent DevelopmentReview:B 2024-019
250 Shirley Avenue, Kitchener, ON
Consent Application
DearCommittee of Adjustment,
Metrolinx is in receipt of theConsentapplication for 250 Shirley Ave, Kitchener, to facilitate the
severance of the lands,to create a new lot additionto be consolidated into the adjacent lands at
260 Shirley Ave. As circulated on July26th, 2024, and to be heard by the Committee on August
20, 2024. low:
The subject property is located adjacent to the Metrolinx Guelph Subdivision which
carries Metrolinx's Kitchener GO Train service.The subject site is also adjacent to the
Metrolinx Shirley Ave Layover Facility.
GO/HEAVY-RAIL ADVISORY COMMENTS
As the proposal is for a technical severence to faciliate lot additions and no new
development is proposed, Metrolinx has no objections to the specified proposal should
the committee grant approval.
Please keep Metrolinx involved as a stakeholder in the comprehensive site application (if
applicable) as there may be further requirements/comments should any future
development be contemplated on either the retained or severed lands.
Please note that should future development be contemplated (and additional
development applications to support this are submitted), the subject properties would
be subject to further review/comment. At such time, further requirements may include
(but is not limited to) having the Owner enter into an Adjacent Development Agreement
outlining all required works to protect Metrolinx interests and registering an
environmental easement for operational emissions on title.
The applicant is advised that all other conditions/requirements/agreements related to
the comprehensive application (if applicable) must also be fulfilled prior to approval of
the requisite Site Plan. Additionally, the Owner shall be responsible for all costs for the
preparation and registration of agreements/undertakings/easements/warning clauses as
determined appropriate by Metrolinx, to the satisfaction of Metrolinx.
Adjacent Development Review: B 2024-019
250 Shirley Avenue, Kitchener, ON
The Proponent is advised of the following:
o Warning: The Applicant is advised that the subject land is located within
that Metrolinx and its assigns and successors in interest has or have a right-of-way
within 300 metres from the subject land. The Applicant is further advised that
there may be alterations to or expansions of the rail or other transit facilities on
such right-of-way in the future including the possibility that Metrolinx or any
railway entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations, which
expansion or alteration may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual lots, blocks or units.
o Warning: Metrolinx and its assigns and successors in interest has or have a right-
of-way and an interest in land within 300 metres from the subject land. There may
be alterations to or expansions of the rail or other transit facilities on such right-of-
way and/or to the Shirley Ave Rail Maintenance Facility in the future including the
possibility that Metrolinx or any railway entering into an agreement with Metrolinx
to use the right-of-way and/or Shirley Ave Rail Maintenance Facility or their
assigns or successors as aforesaid may expand or alter their operations, which
expansion or alteration may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual lots, blocks or units.
In accordance with the Railway Safety Act and Transport Canada Guidelines, storage of
certain hazardous materials near railway corridors is subject to setback regulations.
Metrolinx will require the proponent to acknowledge if the storage of hazardous material
is being proposed and, if so, that proper Transport Canada regulations are being
applied. The below links are provided as reference:
o Anhydrous Ammonia Bulk Storage Regulations (No. 0-33)
o Ammonium Nitrate Storage Facilities Regulations (No. 0-36)
o Flammable Liquids Bulk Storage Regulations (No. 0-32)
o Liquefied Petroleum Gases Bulk Storage Regulations (No. 0-31)
Should you have any questions or concerns, please contact Farah.Faroque@metrolinx.com.
Best Regards,
Farah Faroque
Project Analyst, Third Party Project Review
Metrolinx | 10 Bay Street | Toronto | Ontario | M5J 2S3
T: (437) 900-2291
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