HomeMy WebLinkAboutDSD-2025-231 - B 2025-014 - 508 Fall Harvest Pl
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 20, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Brian Bateman, Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: May 7, 2025
REPORT NO.: DSD-2025-231
SUBJECT: Consent Application B2025-014 508 Fall Harvest Place
RECOMMENDATION:
That Consent Application B2025-014 requesting consent to sever a triangular-
shaped parcel of land from Part 3 on Reference Plan 58R-7207 owned by the Grand
River Conservation Authority and measuring 35.8 metres by 14.3 metres by 27.6
metres having an area of 180.2 square metres, and convey it as a lot addition to Lot
27, 58M-527, addressed as 508 Fall Harvest Place, as shown on survey sketch
prepared by Guenther Rueb Surveying Limited, dated March 19, 2025, 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
4. That 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
Director, Development and Housing Approvals, and registered on title to the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
by Guenther Rueb Surveying Limited, dated March 19, 2025 (Figure 4, DSD-2025-
231) and Lot 27, 58M-527
following:
Lot 27, 58M-527 shall at all times be
maintained in identical ownership and said lands shall be treated as one lot or
parcel with respect to the Planning Act and neither of the Severed Lands nor
Lot 27, 58M-527 shall be separately conveyed, or otherwise dealt with, without
the prior consent of the City of Kitchener, with the criteria for granting or
withholding such consent to be the applicable considerations to be applied if
a consent for severance was applied for under the Planning Act, as if section
50 (3) and /or section 50 (5) of that statute applied to such conveyance or
5. That the O
Application Consolidation Parcels for the Severed Lands and Lot 27, 58M-527
immediately following the registration of the Severance Deed and prior to any
new applicable mortgages, and to provide a copy of the registered Application
Consolidation Parcels to the City Solicitor within a reasonable time following
registration.
Alternatively, if in the opinion of the City Solicitor, an Application Consolidation
Parcels cannot be registered on title, the Owner shall take such alternative
measures and provide such alternative documents to ensure that the severed
parcel and receiving parcel are not separately encumbered, conveyed, or
otherwise transferred from one another and shall remain in common ownership,
at the discretion of and to the satisfaction of the City Solicitor.
REPORT HIGHLIGHTS:
The purpose of this report is to assess a Consent Application requesting to convey a
piece of land owned by the GRCA and add it as a lot addition to 508 Fall Harvest
Place.
The key finding of this report is it represents good planning by creating a lot that is
now consistent in size and shape as other lots within the plan of subdivision.
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
Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 508 Fall Harvest Place within the Pioneer Tower
neighbourhood (see Figure 1). It is an irregular-shaped lot with a single detached dwelling
and accessory structures located on it. The lot backs onto lands owned by the Grand River
Conversation Authority.
GRCA Lands
Figure 1 Aerial photo of 508 and 512 Fall Harvest Place
Community Areas Urban Structure and is
Low Rise Residential Land Use in the
508 Fall Harvest Place and the lands to be added are zoned RES-2: Low Rise Residential
Two ZoneZoning By-law 2019-051.
Figure 2 Schedule 280 of By-law 2019-051
508 Fall
512 Fall
Harvest
Harvest
Figure 3 Photo of 508 and 512 Fall Harvest Place
A site visit occurred on May 4, 2025 (see Figure 3).
.
Figure 4
The purpose of the application is to convey a triangular-shaped piece of land owned by the
GRCA and convey it as a lot addition shown in Figure 4.
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 severance application is 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):
ROP Urban Area policies state that the focus of th
-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.
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
The subject properties are zoned as Low Rise Residential Two Zone (RES-he
purpose of this zone is to accommodate a limited range of low-density dwelling types on
larger lots than the RES-3 Zone in low rise. Lots in the general vicinity are considered
larger lots and therefore the lot addition square off the lot making it consistent with the
prevailing pattern.
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 proposed lot addition is
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 because of the lot addition. The lands front
onto an established public street and are serviced with municipal services. Staff are 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.
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:
Be advised that the land (owned by the GRCA) to be conveyed to the Fall Harvest
properties is regulated by the GRCA as being adjacent to slope erosion hazard, and in
proximity to floodplain and wetlands. As no development is proposed within the land to be
severed there is no concern.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
No concerns.
Parks and Cemeteries/Forestry Division Comments:
Lot addition- no parkland dedication is required.
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
Regional staff have reviewed the application and have the following comments to provide:
Environmental Threats:
identifies no threats on or adjacent to 508 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 fees for review of
a Consent Application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
GRCA Comments:
GRCA has reviewed these applications under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
The information currently available at this office indicates that the lands to be severed and
merged with 508 and 512 Fall Harvest Place are adjacent to valley slopes and contain the
regulated allowance adjacent to the valley slopes. The retained lands owned by the GRCA
contain the Grand River, floodplain, valley slopes, wetlands, and the regulated allowance
Due to the presence of the above-noted features, portions of the subject lands are
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities, Exemptions
and Permits Regulation. Any future development or other alteration within the regulated
area will require prior written approval from GRCA in the form of a permit pursuant to
Ontario Regulation 41/24.
The Consent Applications propose lot line adjustments to convey two parcels of land to 508
and 512 Fall Harvest Place. GRCA Planning and Regulation Services staff have reviewed
the proposed applications, and we do not have any concerns with the lot line adjustments.
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 report
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 interested
parties to
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- 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
Will Towns, MCIP, RPP
519-616-1868
File: D20-20/25 KIT
May 5, 2025
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
CofA@kitchener.ca
Re: Comments on Consent Applications: B2025-014 to B2025-017
Committee of Adjustment Hearing, May 20, 2025
City of Kitchener
Please accept the following comments for the above-noted consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Document Number: 4971747 Version: 2 Page 1 of 8
File No: B2025-014
Address: 508 Fall Harvest Place
Description:Lot 27, Plan 58M-527
Owner: Mark Fackoury
Applicant: Tony Bocchino
The owner/applicant is seeking consent to add lands currently owned by the Grand
River Conservation Authority to a residential lotlocatedat 508 Fall Harvest Place. The
application proposesto sever 180.2 square metres from Part 3, 58R-7207 and add
these lands to 508 Fall Harvest Place.
Regional staff have reviewed the application and have the following comments to
provide:
Environmental Threats: For City staff’s awareness, the Threat Inventory Database
(TID) identifies no threats on or adjacent to 508 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 feesfor review
of a consent application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
Document Number: 4971747 Version: 2 Page 2 of 8
File No: B2025-015
Address: 512 Fall Harvest Place
Description: Lot 26, Plan 58M-527
Owner: Deer Ridge Heights Inc.
Applicant: Tony Bocchino
The owner/applicant is seeking consent to add lands currently owned by the Grand
River Conservation Authority to a residential lot at 512 Fall Harvest Place. The
application seeks to sever 342.5 square metres Part 3, 58R-7207 and add these lands
to 512 Fall Harvest Place.
Regional staff have reviewed the application and have the following comments to
provide:
Environmental Threats: For City staff’s awareness, the Threat Inventory Database
(TID) identifies no threats on or adjacent to 512 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 fees for review
of a consent application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
Document Number: 4971747 Version: 2 Page 3 of 8
File No: B2025-016
Address: 1950 Fischer Hallman Road
Description: Part Lots 158 and 159 German Company Tract
Owner: Schlegel Urban Developments Corp.
Applicant: GSP Group (c/o Richard Kelly-Ruetz)
The owner/applicant has applied for a consent to facilitate a long-term lease in excess
of 21 years in favour of a McDonald’s on the subject lands (as previously reviewed by
Regionalstaff through site plan application SP23/024/F/CD). The proposed lease area
is approximately 1,457.1 square metres and consists of the restaurant building, stacked
drive-through lanes, seven parking spaces, and associated landscaping and walkway
areas.
Regional staff have reviewed the application and have the following comments to
provide:
Threats Inventory Database: For City staff’s awareness, the Threat Inventory
Database (TID) identifies no threats on or adjacent to 1950 Fischer Hallman Road.
Regional Consent Review Fee: Regional staff have not received the fee for consent
review of $350 per application. The fee payment is requested as a condition of
approval.
Regional staff have no objection to B2025-016 subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 4971747 Version: 2 Page 4 of 8
File No: B2025-017
Address: 864 King Street West
Description: XLT 306, 319-320 PL 385 KITCHENER; PT LT 304-305, 312 PL 385
KITCHENER AS IN1309823, SAVE & EXCEPT PTS 1 & 2 ON EX PL
WR838553 & PTS 1, 6 & 7, 58R18537;T/W & S/T 725378; T/W 694748
Owners: Vive Development Corp.
Applicant: Craig Dumart
The owner/applicant is seeking consent to sever lands at 864 King Street West to
create a new parcel totalling 3,045.1 square metres to facilitate the development of the
lands in two phases with a 45-storey residential development inclusive of 304 residential
units. The retained parcel is proposed to be 3,259.6 square metres. A blanket easement
is also proposed that would apply to both properties for access and servicing. Regional
staff provided pre-submission consultation comments on this proposal on March 4,
2025.
Source Water Protection: The property is located within an area subject to Part IVof
the Clean Water Act. Regional staff note that the applicant negotiated a provisional Risk
Management Plan with the Risk Management Official (rmo@regionofwaterloo.ca) in fall
2024 applicable to previous zoning by-law amendment application ZBA24/022/K/ES;
staff also understand that a final Risk Management Plan is currently being negotiated
with the applicant in association with an in-progress site plan application. A valid
Section 59 Notice for site plan has not yet been issued.
Notwithstanding the above and consistent with pre-consultation comments, issuance of
a valid Notice of Source Protection Plan Compliance (Section 59 Notice) is required for
this consent application (to be required as a condition) separate from the Risk
Management Plan process for site plan. The applicant is asked to contact the Risk
Management Official to obtain the Notice for this consent application.
Environmental Noise: The Region is in receipt of a noise study related to the proposed
development on these lands entitled “Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality of Waterloo,
ON” (prepared by HGC Engineering, dated July 24, 2024). Regional staff have reviewed
the study in relation to the Regional road noise source (King Street West) and have no
concerns with the study or its recommendations (which pertain only to the retained
lands). Regional staff request that the owner/developer enter into a registered
agreement with the Region to implement the study’s recommendations. Specifically, the
following will be required for inclusion in the agreement:
- The provision of central air conditioning for all units.
- Noise warning clauses included in any agreements of Offers of Purchase and
Sale, lease/rental agreements and condominium declarations:
East, west, and south facades:
Type B:
Document Number: 4971747 Version: 2 Page 5 of 8
Purchasers/tenants are advised that despite the inclusion of noise control
features in the development and within the building units, sound levels due to
increasing road traffic (King Street West) may on occasions interfere with some
activities of the dwelling occupants as the sound levels exceed the sound level
limits of the Municipality and the Ministry of the Environment, Conservation and
Parks.
Type C:
This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant’s discretion. Installation of central air conditioning by
the occupant in low and medium density developments will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor sound levels are
within the sound level limits of the Municipality and the Ministry of the
Environment, Conservation and Parks.
Regional staffalsonote that an update to the noise study will be required in association
with a future Planning Act application pertaining to the proposed Phase 2 of the
development(to be located on the severed lands).
Environmental Threats: For the City’s awareness, the Regional Threats Inventory
Databaseidentifies“high”threats identified in the Regional Threats Inventory Database
for the subject lands(associated with past operations of Electrohome Ltd. and CTV
Television Inc.),as well as records of anhistorical landfill on and adjacent to the subject
lands.This information was also provided to the applicant in Regional comments
associated with ZBA24/022/K/ES on September 13, 2024.
Document Number: 4971747Version: 2Page 6of 8
Regional Consent Review Fee: Regional staff have not received the fee for consent
application review of $350 as per Regional By-law 24-052. The fee payment is
requested as a condition of consent approval.
Regional staff have no objection to Consent File B2025-016 subject to the
following conditions:
1. That the Owner/Developer provide a valid Notice of Source Protection
Plan Compliance (Section 59 Notice) to the satisfaction of the Regional
Municipality of Waterloo.
2. That for the retained lands, the Owner/Developer enter into a registered
development agreement with the Regional Municipality of Waterloo to
implement the environmental noise recommendations specific to noise
impacts from King Street West (Regional Road No. 8) identified in the
noise study report entitled “Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality
of Waterloo, ON” (prepared by HGC Engineering, dated July 24, 2024).
For the severed lands, the agreement shall also specify that an update to
the noise study assessing noise impacts associated with King Street West
shall be completed prior to site plan approval of any future development
on these lands.
3. That the Owner/Developer submit the consent review fee of $350 per
application to the Regional Municipality of Waterloo.
Document Number: 4971747 Version: 2 Page 7 of 8
General Comments:
If any other applications are required to facilitate the application additional fees and/or
requirements may apply. Any submission requirements may be subject to peer review,
at the owner/applicant’s expense as per By-law 24-052.
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.
Thank you,
Will Towns, MCIP RPP
Senior Planner
Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Document Number: 4971747 Version: 2 Page 8 of 8
May 5, 2025 via email
GRCA File: B2025-014 & B2025-015 508 & 512 Fall Harvest Place
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 4O7
Dear Marilyn Mills,
Re: Applications for Consent B 2025-014 & B 2025-015
508 & 512 Fall Harvest Place, City of Kitchener
Applicant: Tony Bocchino
Grand River Conservation Authority (GRCA) staff have reviewed the above-noted
consent applications for two lot line adjustments.
Recommendation
GRCA Planning and Regulation Services has no objection to the proposed consent
applications.
GRCA Comments
GRCA has reviewed these applications under the Mandatory Programs and Services
Regulation (Ontario Regulation 686/21), including acting on behalf of the Province
regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement
(PPS, 2024), as a regulatory authority under Ontario Regulation 41/24, and as a public
body under the Planning Act as per our CA Board approved policies.
Information currently available at this office indicates that the lands to be severed and
merged with 508 and 512 Fall Harvest Place are adjacent to valley slopes and contain
the regulated allowance adjacent to the valley slopes. The retained lands owned by the
GRCA contain the Grand River, floodplain, valley slopes, wetlands, and the regulated
allowance adjacent to these features.
Due to the presence of the above-noted features, portions of the subject lands are
regulated by the GRCA under Ontario Regulation 41/24 Prohibited Activities,
Exemptions and Permits Regulation. Any future development or other alteration within
the regulated area will require prior written approval from GRCA in the form of a permit
pursuant to Ontario Regulation 41/24.
The consent applications propose lot line adjustments to convey two parcels of land to
508 and 512 Fall Harvest Place. GRCA Planning and Regulation Services staff have
reviewed the proposed applications and we do not have any concerns with the lot line
adjustments.
GRCA Property Department staff are working with the applicant to coordinate the
consent applications and any related interests as the current owner of the lands to be
conveyed.
Plan Review Fees
eseapplicationsareconsidered
minor consent applications. Since these applicationswere reviewed together, the
applicant will be invoicedone feein the amount of $465e
applications.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman@grandriver.ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Mapping
Copy:Tony Bocchino(via email)
Chris Meilleur & Joel Doherty,GRCA(via email)
Author: ah
Date: May 05, 2025
Legend
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:KITCHENER - 512 FALLSHARVEST PLACE - B2025-014
Date:Monday, May 12, 2025 2:52:44 PM
Hello,
We are in receipt of your Application for Consent, B2025-014 dated 2025-04-11. We have reviewed the documents
concerning the noted Plan 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’ the Owner/Applicant should consult their local area
Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision
group at subdivision@Hydroone.com or 1-866-272-3330.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select “Search” and locate the address in question by entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact myself.
Thank you,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com