HomeMy WebLinkAboutDSD-2024-532 - B 2024-039 & B 2024-040 - 120 Keewatin 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: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: November 29, 2024
REPORT NO.: DSD-2024-532
SUBJECT: Consent Applications B2024-039 and B2024-040
120 Keewatin Avenue
RECOMMENDATION:
A. Consent Application B2024-039 120 Keewatin Avenue
That Consent Application B2024-039 for 120 Keewatin Avenue requesting consent
to sever a parcel of land having a lot width on Keewatin Avenue of 7.5 metres, a lot
depth of 30.5 metres and a lot area of 225 square metres, BE DEFERRED to the
February 18, 2025, meeting, or earlier, to allow time to explore options to preserve
the City-owned Street Tree proposed for removal.
Should the Committee wish to approve the Application at this meeting, Staff
recommends that Consent Application B2024-039 be approved subject to the
following conditions:
1. That the O
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4. That the Owner obtains Demolition Control Approval, in accordance with the
-
Development and Housing Approvals.
5. That the Owner obtains a Demolition Permit, for the existing single detached
dwelling proposed to be demolished, to the satisfaction of the Chief Building
Official, and removes the existing dwelling prior to deed endorsement.
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
prior to deed 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
Engineering Services.
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 owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
12. That the Owner shall fulfil one of the following three requirements to ensure that
any City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title to the severed and retained lands, which shall
include the following:
i) That the owner shall prepare a Tree Preservation and Enhancement Plan, in
monstrating
protection and preservation of the City-owned tree that is located adjacent
to the severed and/or retained lands, to the satisfaction of and approval by
other matters, the identification of a proposed building envelope/work zone,
a landscaped area and the vegetation to be preserved. No changes to the
Director, Parks and Cemeteries.
ii)The owner shall implement the Tree Protection and Enhancement Plan,
prior to any tree removal, grading, servicing or the issuance of any
,
Parks and Cemeteries.
iii) The owner shall maintain the severed and retained lands, in accordance
with the approved Tree Preservation and Enhancement Plan, for the life of
the development.
OR
b) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which
shall include the following:
i) That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed (located adjacent to the
severed and/or retained lands) with two (2) suitable trees, in accordance
with the City of Kitchener Development Manual Standards, to the
, Parks and Cemeteries. No changes to
Director, Parks and Cemeteries.
ii) The owner shall implement the approved Street Tree Planting Plan, to the
, Parks and Cemeteries.
OR
c) Make arrangements regarding financial compensation for the tree to be
removed, to the satisfaction of the , Parks and Cemeteries.
13.
Approvals, the Owner shall enter into an agreement with the City of Kitchener, to
be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the
following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and
o be
Manager, Site Plans, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. If necessary, the plan shall include
required mitigation and or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be
Manager, Site Plans.
c) The owner shall maintain the lands, in accordance with the approved Tree
Preservation and Enhancement Plan, for the life of the development.
14. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
15. That the owner complete an Environmental Noise Study to the satisfaction of
the Regional Municipality of Waterloo, and if necessary, enter into an agreement
with the Region to implement any recommendation(s) of the Environmental
Noise Study.
B. Consent Application B2024-040 120 Keewatin Avenue
That Consent Consent Application B2024-040 for 120 Keewatin Avenue requesting
consent to sever a parcel of land having a lot width on Keewatin Avenue of 7.5
metres, a lot depth of 31.5 metres and a lot area of 230 square metres, BE
DEFERRED to the February 18, 2025 meeting, or earlier, to allow time to explore
options to preserve the City-owned Street Tree proposed for removal.
Should the Committee wish to approve the application at this meeting, Staff
recommends that Consent Application B2024-040 be approved subject to the
following conditions:
1. solicitor shall 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
gist.
4. That the Owner obtains Demolition Control Approval, in accordance with the
-
Development and Housing Approvals.
5. That the Owner obtains a Demolition Permit, for the existing single detached
dwelling proposed to be demolished, to the satisfaction of the Chief Building
Official, and removes the existing dwelling prior to deed endorsement.
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
informationto the satisfaction of the City
prior to deed 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 owner pay to the City of Kitchener a cash-in-lieu contribution for park
dedication of $11,862.00.
12. That the Owner shall fulfil one of the following three requirements to ensure that
any City-owned tree will not be impacted by the proposed development:
a) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title to the severed and retained lands, which shall
include the following:
i) That the owner shall prepare a Tree Preservation and Enhancement Plan,
protection and preservation of the City-owned tree that is located adjacent
to the severed and/or retained lands, to the satisfaction of and approval by
other matters, the identification of a proposed building envelope/work
zone, a landscaped area and the vegetation to be preserved. No changes
to the said plan shall be granted except with the prior approval of the
, Parks and Cemeteries.
ii) The owner shall implement the Tree Protection and Enhancement Plan,
prior to any tree removal, grading, servicing or the issuance of any
Director, Parks and Cemeteries.
iii) The owner shall maintain the severed and retained lands, in accordance
with the approved Tree Preservation and Enhancement Plan, for the life of
the development.
OR
b) Enter into an agreement with the City of Kitchener, to be prepared by the City
Solicitor and registered on title of the severed and retained lands, which
shall include the following:
i) That the owner shall prepare a Street Tree Planting Plan that shows the
replacement of the City-owned tree to be removed (located adjacent to
the severed and/or retained lands) with two (2) suitable trees, in
accordance with the City of Kitchener Development Manual Standards,
, Parks and Cemeteries. No
changes to the said plan shall be granted except with the prior approval
, Parks and Cemeteries.
ii) The owner shall implement the approved Street Tree Planting Plan, to
OR
c) Make arrangements regarding financial compensation for the tree to be
and Cemeteries.
13.
Approvals, the Owner shall enter into an agreement with the City of Kitchener, to
be prepared by the City Solicitor, to the satisfaction of the City Solicitor and the
following:
a) That the owner shall prepare a Tree Preservation Plan for the severed and
approved by the CManager, Site Plans, and where necessary,
implemented prior to any grading, servicing, tree removal or the issuance of
building permits. Such plans shall include, among other matters, the
identification of a proposed building envelope/work zone, a landscaped area
and the vegetation to be preserved. If necessary, the plan shall include
required mitigation and or compensation measures.
b) The owner further agrees to implement the approved plan. No changes to the
said plan shall be granted except with the
Manager, Site Plans.
c) The owner shall maintain the lands, in accordance with the approved Tree
Preservation and Enhancement Plan, for the life of the development.
14. That, prior to final approval, the applicant submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
15. That the owner complete an Environmental Noise Study to the satisfaction of
the Regional Municipality of Waterloo, and if necessary, enter into an agreement
with the Region to implement any recommendation(s) of the Environmental
Noise Study.
REPORT HIGHLIGHTS:
The purpose of this application is to sever 2 parcels of land to permit construction of a
new semi-detached building with each dwelling in separate ownership, and
construction of a new single detached dwelling on the retained lands that would
replace an existing single detached dwelling that has been damaged by fire.
The key finding of this report is that the requested severances meet the criteria of the
Planning Act and Provincial, Regional and City policies.
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 the Northwest corner of Lackner Boulevard and
Keewatin Avenue.
Community Area Urban Structure and is
Low Rise Residentialp 3
Low Rise Residential Four Zone (RES-4-law 2019-
051.
The purpose of the application is to permit the construction of a new semi-detached
building with separate ownership for each semi-detached dwelling, and to permit the
construction of a new single detached dwelling.
Figure 1: Location Map
Figure 2: View of Single Detached Dwelling with Fire Damage (March 27, 2024)
Figure 3: Proposed Lot Fabric
Figure 4: Proposed Building Footprints
Figure 5: Surrounding Neighbourhood Lot Fabric
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)
Staff are satisfied that the proposed infill severance applications are consistent with the
Provincial Planning Statement in general and as it related to housing policies in Chapter 2
regarding intensification and facilitating housing options. Section 2.2 1 (b) states that
Planning authorities shall provide for an appropriate range and mix of housing options and
densities to meet projected needs of current and future residents of the regional market
area by permitting and facilitating all housing options required to meet the social, health,
economic and well-being requirements of current and future residents.
Regional Official Plan (ROP):
the Urban Area. The subject -Up
neighbourhood provides for the physical and community infrastructure required for the
proposed residential development, including transportation networks, municipal water and
wastewater systems, and a broad range of social and public health services. Regional
polices require municipalities to plan for a range of housing in terms of form, tenure,
density, and affordability to satisfy the various physical, social, economic, and personal
support needs of current and future residents. Staff are satisfied that the proposed
severance applications adhere to these policies and conforms to the ROP.
Plan (2014)
Community Areas Urban Structure and is
Low Rise Residential
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
The proposed two (2) severed and one (1) retained lots satisfy the minimum zoning
requirements for lot width and lot area and the proposed dwellings adhere to the minimum
required yard setback requirements. The proposed lots also reflect the general scale and
character of the established development pattern for this area as shown in Figure 5. There
are existing semi-detached dwellings across the street on Keewatin Avenue and nearby
on Georgian Street. Finally, the lots have suitable frontage on a public street, access to full
municipal services, do not restrict development of adjacent properties, and do not require
a plan of subdivision. As such, staff are satisfied that he proposed severances conform to
the City of Kitchener Official Plan.
Zoning By-law 2019-051
Low Rise Residential Four Zone (RES-4-law 2019-
051.
Zoning By-law 2019-051. The proposed dwellings meet the minimum lot area and lot width
requirements. The proposed dwellings are also zoning compliant for minimum required
yard setbacks.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the severed lots are
desirable and appropriate.
Environmental Planning Comments:
Standard condition for Tree Protection Plan to apply.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and
Area Municipalities' Design Guidelines and Supplemental Specifications for Municipal
Services (DGSSMS) allows only one service per lot. Separate building permit(s) will be
required for the demolition of the existing building, as well as construction of the new
residential buildings.
Engineering Division Comments:
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the Engineering
Division for the installation of new service connections that may be required to service
this property, all prior to severance approval. Our records indicate sanitary, storm and
water municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to jason.brule@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:
There is an existing City-owned street tree that will be impacted by the proposed location of
driveways for the semi-detached buildings on the severs lots. It is expected that all City
owned tree assets will be fully protected to City standards throughout demolition and
construction as per Chapter 690 of the current Property Maintenance By-law.
Applications B2024 -039 and B2024-040 cannot be supported by Parks and Cemeteries
(Forestry) staff at this time and the proposed applications should be deferred until a revised
plan is submitted that achieves full protection of City tree assets.
Typically, City standards require tree protection fencing at the tree dripline + 1m and this
protection zone may be modified to accommodate site- or tree-specific requirements in
accordance with the general criteria noted below. Please see
https://www.kitchener.ca/en/water-and-environment/tree-bylaws-and-management.aspx.
Diameter of Tree Protection
3
Trunk Zone
1
(DBH) Distance from
in trunk measured in
centimetres metres
<10 1.8
10-30 2.4
31-50 3.0
51-60 3.6
61-70 4.2
71-80 4.8
81-90 5.4
2
91-1006.0
1. Diameter at breast height (DBH) measurement of tree trunk taken at 1.37 metres
above ground.
2. For trees over 100 cm DBH, add 10 cm to the TPZ for every one centimetre of DBH.
3. Tree Protection Zone distances are to be measured from the outside edge of the tree
base towards the drip line and may be limited by an existing paved surface, provided
the existing paved surface remains intact throughout the construction work.
The revised Severance plan should be submitted along with a Tree Protection and
Enhancement Plan (TPEP) showing full protection for the existing City tree, an Arborist
Report and an ISA valuation of the City-owned tree to the Director of Parks and Cemeteries.
Grading and Servicing plans should accompany the submission.
Please clearly indicate the location of tree trunks, dripline and offsets to proposed fencing
and construction work zone. Securities for protected trees and/or compensation for any trees
approved for removal may be required. Clearance from the Director of Parks and Cemeteries
for the revised plan and approval of the Tree Protection and Enhancement Plan, Arborist
Report, ISA valuation and any necessary securities or compensation is required prior to
Parks and Cemeteries (Forestry) support for the revised Consent Application(s). Final
approval and clearance from Parks and Cemeteries (Forestry) for a Tree Protection and
Enhancement Plan, Arborist Report, ISA valuation and any necessary securities or
compensation will be required as a condition of deed endorsement of a revised Consent
Application(s).
Parkland Dedication for the creation of the new lot(s) will be required as a condition of deed
endorsement for the revised Consent Application(s) and determined based on the
dimensions of the lot(s) created. Parkland Dedication is calculated at 5% of the new
development lots only, with a land valuation calculated by the lineal frontage and a land value
of $36,080 per frontage meter with a per lot cap of $11,862.00. An estimate for the lots
illustrated in the applications is $11,862.00 for each lot created.
Transportation Planning Comments:
Transportation Services have no concerns with these applications.
Region of Waterloo Comments:
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 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/Developer to
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
ved 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
Environmental 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 Environmental
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 $350.00 per Consent
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 Noise Study to the satisfaction
of the Regional Municipality of Waterloo, and if necessary, enter into an agreement
with the Region to implement any recommendations of the Environmental Noise Study.
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
ATTACHMENTS:
No attachments
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