HomeMy WebLinkAboutDSD-2025-301 - B 2025-021 - 546 Courtland Avenue EastStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 15, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 3, 2025
REPORT NO.: DSD -2025-301
SUBJECT: Consent Application B2025-021 — 546 Courtland Ave. E.
RECOMMENDATION:
That Consent Application B2025-021 requesting consent to sever a triangular-
shaped parcel of land having a width of 8.1 metres, a depth of 3, metres and an area
of 11.9 square metres, from the property municipally addressed as 546 Courtland
Avenue East, to be conveyed as a lot addition to the property municipally addressed
as 265 Bedford Road, BE APPROVED subject to the following conditions:
1. That the Owner's 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
satisfaction of the City's Revenue Division.
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
Submission Standards to the satisfaction of the City's Mapping Technologist.
4. That the lands to be severed be added to the abutting lands and title be taken into
identical ownership as the abutting lands. The deed for endorsement shall include
that any subsequent conveyance of the parcel to be severed shall comply with
Sections 50(3) and/or (5) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
5. That the Owner's Solicitor shall provide a Solicitor's Undertaking to register an
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 167 of 182
Application Consolidation Parcels 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.
6. That prior to final approval the Owner submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
• The purpose of this report is to review an application for consent to facilitate a transfer
of land from a residential lot to the adjacent residential lot, both containing existing
detached dwellings.
• 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 report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north side of Courtland Avenue East near the
intersection of Bedford Road.
The subject property is identified as `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the
City's Official Plan.
The property is zoned `Low Rise Growth Zone (SGA -1)' in Zoning By-law 2019-051.
The purpose of the application is to facilitate the conveyance of a portion of the rear yard
of an existing residential detached dwelling at 546 Courtland Avenue East to the abutting
property at 265 Bedford Road.
Page 168 of 182
Figure 1: Location of Subject Property
Figure 2: View of 546 Courtland Ave. E.
Page 169 of 182
Figure 3: View of Rear Yard of 546 Courtland Ave. E. (Existing Fence shown is
proposed new property line)
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
The Provincial Planning Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The subject application does not
propose any development, rather it is an adjustment of lot lines. Planning Staff is of the
opinion that the application is consistent with the PPS.
Regional Official Plan (ROP):
Regional policies in the ROP require Area 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. Planning staff are of
the opinion that the application conforms to the Regional Official Plan.
Page 170 of 182
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Figure 4: Severance Sketch illustrating the Proposed Lot Addition
(JD Barnes Limited)
Page 171 of 182
City's Official Plan (2014)
The subject property is identified as `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Strategic Growth Area A' on Map 3 — Land Use in the
City's Official Plan.
Section 17.E.20.4 of the Official Plan states the following:
I7.E.20.4. Consents may be permitted for the creation of a new lot, boundary
adjustments, rights of -way, easements, long-term leases and to convey additional lands to
an abutting lot provided an undersized lot is not created."
The retained lands will meet the minimum lot size requirements for a detached dwelling in
the Zoning By-law and contains sufficient lot size to be developed should an application be
received. No undersized lots will be created as a result of the proposed lot
addition/boundary adjustment. The proposed consent application conforms to the Official
Plan in the opinion of Planning Staff.
Zonina By-law 2019-051
The property is zoned `Low Rise Growth Zone (SGA -1)' in Zoning By-law 2019-051. The
purpose of this zone is to create opportunities for missing middle housing and compatible
non-residential uses in low-rise forms up to 11 metres in height. Lots in the general vicinity
are of similar size and the lot addition does not have any adverse impacts on the existing
neighbourhood, nor does it prohibit development opportunities in the future.
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
conformity with the City's Official Plan and Zoning By-law. Planning staff is of the opinion
that the size, dimension and shapes of the retained lands and the lands proposed to
receive the lot addition are suitable for the use of the lands and compatible with the
surrounding community lotting pattern/fabric. The lot addition will be conveyed to lands
with frontage 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.
Environmental Planning Comments:
No natural heritage 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 concerns.
Page 172 of 182
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The purpose of the application is to sever a triangular parcel of land as a lot addition to
the abutting landowner to the north at 265 Bedford Ave. The severed parcel has a width
of 8.1 m, depth of 3.Om and an area of 11.9 sq m. The retained lands will have an area of
999.4 sq m.
Regional Fee:
Regional staff have not received the required consent review fee for this application,
$350.00.
General Comments:
Regional Staff has no objections to the proposed consent application subject to the
following condition:
That prior to final approval, the owner/applicant submits the consent review fee of $350
per application to the Regional Municipality of Waterloo.
Any future development on the lands subject to the above -noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
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.
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 has been posted to the City's website with the agenda in advance
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
interested parties to find additional information on the City's website or by emailing the
Page 173 of 182
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
Page 174 of 182
Region of Waterloo
Connie Owen
Administrative Clerk, Legislative Services
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
Dear Ms. Owen:
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
150 Frederick Street, 8t" floor
Kitchener Ontario N2G 4.13 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Shilling Yip (226) 753-1064
File: D20-20/2/25KIT
June 27, 2025
Re: Comments on Consent Application — B2025-021
Committee of Adjustment Meeting July 15, 2025
City of Kitchener
B 2025-021
546 Courtland Ave E
Lot 7, Plan 692 Kitchener
Freure Promontory Inc. (Owner)
Jessica McConnell, Miller Thomson (Agent)
The purpose of the application is to sever a triangular parcel of land as a lot addition to
the abutting landowner to the north at 265 Bedford Ave. The severed parcel has a width
of 8.1 m, depth of 3. Om and an area of 11.9 sq m. The retained lands will have an area of
999.4 sq m.
Regional Fee:
Regional staff have not received the required consent review fee for this application,
$350.00.
General Comments:
Regional Staff has no objections to the proposed consent application subject to the
following condition:
Document Number: 5015922
Version: 1
Page 1 of 2
Page 175 of 182
1. That prior to final approval, the owner/applicant submits the consent review fee of $350
per application to the Regional Municipality of Waterloo.
Any future development on the lands subject to the above -noted consent application will
be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.
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.
Yours truly,
Shilling Yip, MCIP, RPP
Senior Planner
Document Number: 5015922 Version: 1
Page 2 of 2
Page 176 of 182
June 30, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
GRCA File: B2025-021 — 546 Courtland Avenue East
Marilyn Mills
City of Kitchener
200 King Street West
Kitchener, ON N2G 407
Dear Marilyn Mills,
Re: Application for Consent B 2025-021
546 Courtland Avenue East, City of Kitchener
Freure Promontory Inc.
via email
Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
consent application for a lot line adjustment.
Recommendation
The GRCA has no objection to the proposed consent application.
GRCA Comments
GRCA has reviewed this application 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 portions of the subject lands
are within the floodplain associated with Schneider Creek and the regulated allowance
adjacent to the floodplain. This reach of floodplain is within a Two -Zone Floodplain
Policy Area identified in the City of Kitchener Official Plan and the subject lands are
within the flood fringe. A copy of GRCA's resource mapping is attached.
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. Any development within the regulated area on the
subject lands must also conform to the GRCA and City of Kitchener Two -Zone
Floodplain Policies.
The consent application proposes a lot line adjustment to convey a portion of land from
546 Courtland Avenue East to 265 Bedford Road as a lot addition. It is understood that
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 177 of 182
the application is technical in nature with no new development proposed. As such,
GRCA staff do not have any objection to the proposed application.
Consistent with GRCA's approved fee schedule, this application is considered a minor
consent application. The applicant will be invoiced in the amount of $465.00 for GRCA's
review of this application.
Should you have any questions, please contact me at 519-621-2763 ext. 2228 or
aherreman(a)grand river. ca.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Mapping
Copy: *Daryl George, Freure Promontory Inc. (via email)
Jessica McConnell, Miller Thompson LLP (via email)
Page 178 of 182
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From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review - July 15, 2025 Meeting
Date: Monday, June 23, 2025 10:07:35 AM
Attachments: image001.ong
Good morning,
Metrolinx is in receipt of the following Committee of Adjustment agenda for Kitchener.
Upon review, we note that no applications fall within the Metrolinx review zone. As such,
Metrolinx issues no comments for this agenda.
Best Regards,
Jenna Auger (She/Her)
Project Analyst, Adjacent Construction Review (ACR)
Development & Real Estate Management
T: (416)-881-0579
20 Bay Street I Toronto I Ontario I M5J 2W3
=0C= MET OLI X
**Adjacent Construction Review (ACR) was formerly Third -Party Projects Review (IPPR)**
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: June 19, 2025 12:20 PM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review - July 15, 2025 Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
EXPEDITEUR EXTERNE: Ne cliquez sur aucun lien et n'ouvrez aucune piece jointe a moins qu'ils ne proviennent d'un expediteur
liable, ou que vous ayez I'assurance que le contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, July 15, 2025, have been loaded and circulated through
ShareFile. You should have already received the necessary link.
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
C:ofA►&kitchener.ca no later than 12 noon on Monday, June 30, 2025.
Page 180 of 182
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofana 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.
Page 181 of 182
From: Nembhard, O"Neil (MTO)
To: Committee of Adiustment (SM)
Subject: Committee of Adjustment Application Review - July 15, 2025 Meeting
Date: Wednesday, June 25, 2025 2:15:43 PM
Attachments: imaoe001.pno
Good day,
Please see MTO comments related to the Committee of Adjustment Application
Review - July 15, 2025, Meeting:
MTO has no objection to these applications. The subject properties are located
beyond MTO Permit Control Area (PCA) and therefore MTO review, approval and
permits will not be required.
1. A 2025-062 Variance Application — 124 Tupper Crescent
2. A 2025-063 Minor Variance (Zoning) -
55 Shoemaker Street
3. A 2025-064 Minor Variance (Zoning) -
82 Brunswick Avenue
4. A 2025-065 Minor Variance (Zoning) -
82 Brunswick Avenue
5. A 2025-066 Minor Variance (Zoning)
— 508 New Dundee Rd
6. A 2025-0669 Minor Variance (zoning)
— 439- A Alice Ave
7. A 2025-0670 Minor Variance (zoning)
— 439- B Alice Ave
8. B 2025-021 — Consent — 546 Courtland
Ave E
9. A 2025-067 and A 2025-068 - 38 Fifth Ave. Side A and Side B. The subject
property does fall within MTO permit control area, however based on the
modifications to site proposed, MTO permits, approval, review will not be
required.
Thank you for the opportunity to review and provide comments.
Regards,
O'Neil Nembhard
Corridor Management Planner I Operation West I Operations Division
Ministry of Transportation Ontario I Ontario Public Service
548-388-2571 1 o'neil.nembhard Qontario.ca
Ontario
Taking pride in strengthening Ontario, its places and its people
Please note the Ministry no longer accepts Land Development review requests though its email
system. All Land Development Review requests to the Ministry must be submitted to the Ministry of
Transportation through the Highway Corridor Management Online portal at:
htt�sWwww.hcros.mto.gov.on.ca/landdev/en/land-development
The Land Development Review module is designed to better serve stakeholders through streamlining all land
development planning approvals by the Ministry.
Page 182 of 182