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HomeMy WebLinkAboutDSD-2025-428 - A 2025-112, B 2025-031 - 509 Park, 54 Mt Hope StDevelopment Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD-2025- SUBJECT: MinorVariance ApplicationA2025-112- 54 Mt.Hope Street and a Portion of 509 Park Street Consent Application B2025-031 - 509 Park Street RECOMMENDATION: A.Minor Variance Application A2025-112- 54 Mt. Hope Street and a Portion of 509 Park Street (Lot Addition - B2025-031) That Minor Variance Application A2025-112 for 54 Mt. Hope Street and a portion of 509 Park Street (Lot Addition - B2025-031) requesting relief from Section 6.3.2 a), Table 6-3, of Zoning By-law 2019-051 to permit: i)a minimum lot area of 679 square metres instead of the minimum required 700 square metres; ii)a minimum rear yard setback of 1.8 metres instead of the minimum required 7.5 metres; and, iii)a minimum landscaped area of 29% instead of the minimum required 30%; to facilitate the construction of a 12-unit, stacked townhouse development in accordance with Site Plan Application SP25/052/P, BE APPROVED. B.Consent Application B2025-031 - 509 Park Street That Consent Application B2025-031 requesting Consent to sever a parcel of land from 509 Park Street to convey as a lot addition to 54 Mt. Hope Street, having a lot width of 31.4 metres on Mt. Hope Street, a depth of 20 metres, and a lot area of 679 square metres,and to grant a Partial Discharge of a Mortgage if required,BE APPROVED, subject to the following conditions: 1.That Minor Variance Application A2025-112 receive final approval. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2. associated fees for the Certificate of Official to the satisfaction of the Secretary- Treasurer and City Solicitor, if required. 3. That the lands to be severed be added to the abutting lands, municipally known as 54 Mt. Hope Street, 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. 4. That at the sole discretion of the City Solicitor, 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. 5. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes of the subject property(ies) to the 6. 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 7. That the Owner provide a Reference Plan and a Building Location Survey, prepared by an Ontario Land Surveyor, to confirm the boundaries of the new lots and, if applicable, the location of the foundation and setbacks, with respect to the proposed new lot lines, conforms with the Zoning By-law to the satisfaction of the Manager, Development Approvals. 8. That prior to final approval, the Owner submit the Regional Consent Review fee of $350.00 to the satisfaction of the Region of Waterloo. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations with respect to Minor Variance and Consent Applications for 54 Mt. Hope Street and 509 Park Street. The key finding of this report is that staff find both the Minor Variance and Consent Applications are supported and approval is recommended. There are nofinancial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been receivedand this report was th the agenda in advance of the Committee of Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. BACKGROUND: 509 Park Street is located on the southern side of Park Street, west of the intersection of Mt. Hope Street. The site contains one non-residential building, currently tenanted by a health clinic. One access point is located on the Park Street frontage, a one-way in, leading to a surface parking area to the rear of the property. The site also has an access and egress point along Mt. Hope Street, which is the area of the site that will be conveyed to the abutting 54 Mt. Hope Street. 54 Mt. Hope Street is located on the western side of Mt. Hope Street, a short distance south of the intersection with Park Street. The site is currently vacant. Figure 1: Aerial View Of 509 Park Street (Red) And 54 Mt. Hope Street (Blue) Figure 2: 509 Park Street (Taken October 3, 2025) Figure 3: 54 Mt. Hope Street (Taken October 3, 2025) The subject properties are Protected Major Transit Station Area Urban Structure and are Strategic Growth Area A Land Use in the The properties are Mid Rise Growth Zone (SGA-2-law 2019-051. Figure 4: Zoning By-Law 2019-051 (Site In Red) The purpose of the applications are to implement the Conditionally Approved Site Plan Applications for 509 Park Street and 54 Mt. Hope Street (SPA25/052/ and SPA25/053/P, respectively). A total of three variances are required to facilitate the Site Plan Applications: 679 square metres instead of the minimum required 700 square metres; a minimum rear yard setback of 1.8 metres instead of the minimum required 7.5 metres; and, a minimum landscaped area of 29% instead of the minimum required 30%. The variances are ultimately a result of the new lot arrangement. 54 Mt. Hope Street is proposed to be redeveloped for 12 stacked townhouse units, with the Consent application establishing this new lot area. As illustrated on the following Site Plan, a variety of matters will need to be implemented through easement(s) (including access, waste removal, amenity space). At the direction of the applicant, these will be implemented through blanket easements, which do not require Committee of Adjustment approval. Figure 5: Site Plan REPORT: Planning Comments for Minor Variance Application A2025-112: In considering the four tests for the minor variances as outlined in Section 45(1) of the Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following comments: General Intent of the Official Plan Policy 15.D.2.5. provides direction on Minor Variance Applications for the SGA land use designations: Notwithstanding policies 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or amendment to the Zoning By-law, and/or seek to amend this Plan will consider the following factors: a) Compatibility with the planned function of the subject lands and adjacent lands; b) Suitability of the lot for the proposed use and/or built form; c) Lot area and consolidation as further outlined in Policy 3.C.2.11; d) e) Cultural heritage resources, including Policy 15.D.2.8; and f) Technical considerations and other contextual or site specific factors. The two properties are proposed, and conditionally approved, to function as one large lot with shared parking and amenity areas. The new lot area for 54 Mt. Hope is suitably large for the proposed redevelopment, considering the comprehensive approach to the relationship between the two properties. Accordingly, the variances will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the 7.5 metre rear yard is to provide amenity space, as well as separation distance to neighbouring properties. The rear lot line, while on paper is a lot line, does not functionally serve as one. The rear lot line was drawn as a logical separation between the residential development and shared parking area; it is not a lot line that will be fenced. The functional rear lot line is the western lot line of 509 Park Street, which is more than 25 metres away at its nearest point. Functionally, the intent of the rear yard setback is met. A similar rationale can be applied to the variances regarding minimum lot area and minimum landscaped area. The shared parking and common amenity space, while technically on a different property, will functionally be part of 54 Mt. Hope Street (access secured via easement(s)). When including these areas, the functional lot area is more than 1,400 square metres. The provision for landscaped area is to ensure sufficient soft and landscaped and amenity areas are provided on a site. The common amenity area in the rear corner of 509 Park Street will be shared with 54 Mt. Hope Street, and while not on the 54 Mt. Hope Street property, meets the intent for minimum landscaped area. Accordingly, the variances will maintain the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As noted in this report, the three variances are ultimately a result of a new lot line being drawn. Had the new lot line been drawn slightly further inward on the 509 Park Street property, the variances may have been avoided; however, the resulting lot arrangement would be irregular and illogical (more so than what is proposed) and potentially over- complicated the easement(s) required for the functioning of the two sites. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are largely technical in nature due to the location of the new rear lot line. The variances are desirable and appropriate as they will facilitate a redevelopment of the lands which are in close proximity to transit and will contribute to the mix of housing available in the area. Planning Comments Consent Application B2025-003: 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 Consent Application to facilitate a lot addition 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): The Region of Waterloo is an upper-tier municipality without planning responsibilities. The responsibilities from upper-tier governments across the Province, including the Region of Waterloo to local municipalities. The Region is responsible for commenting on the infrastructure and service delivery that the Region of Waterloo delivers to the community, such as Public Health and Paramedic Services, Affordable Housing, source water protection, water and wastewater infrastructure, transit and transportation, waste management, and the Region of Waterloo International Airport. As a result, the Region no longer has a ROP as it is now an Official Plan for area municipalities who are responsible for implementation of the ROP until it is repealed through a future Area Municipal planning exercise. h shall be within -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 Consent Application adheres to these policies and conforms to the ROP. City of Kitchener Official Plan (2014) Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and contains policies regarding infill development, lot creation, including lot additions (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) 54 Mt. Hope Street is currently 257 square metres in area and is proposed to have an additional 423 square metres added for a total area of roughly 679 square metres. While the new lot will have a longer frontage along Mt. Hope Street than other properties along the street, the roughly 32 metre frontage is a reasonable length to accommodate intensification and not be out of place with the surrounding area. Additionally, the resulting lot is generally consistent with the current site conditions; an access driveway to the surface parking area of 509 Park Street is maintained, and the residential properties are oriented to Mt. Hope Street. Zoning By-law 2019-051 --law 2019- 051. - Park Street and 54 Mt. Hope Street lots: Zone Provision 509 Park Street 54 Mt. Hope Requirement Provided Conformity Requirement Provided Conformity Minimum Lot 15 m Existing Yes 18 m 31 m Yes Width Minimum Lot 600 m2 1,160 Yes 700 m2 679 m2 No Area m2 Minimum Front 4.5 m Existing Yes 4.5 m 4.5 m Yes Yard Setback Minimum 4.0 m Existing Yes 4.0 m N/A Yes Exterior Side Yard Setback Minimum Rear 7.5 m Existing Yes 7.5 m 3 m No Yard Setback Minimum 2.5 m Existing Yes 2.5 m 8 m Yes Interior Side Yard Setback A Minimum 2.5 m Existing Yes 2.5 m 3 m Yes Interior Side Yard Setback B Minimum Floor 0.6 Existing Yes 0.6 1.66 Yes Space Ratio Maximum 36 m Existing Yes 36 m 20 m Yes Building Length Minimum street 20% Existing Yes 20% 25% Yes line façade openings Minimum 30% Existing Yes 30% 29% No landscaped area Minimum rear 40% Existing Yes 40% 40% Yes yard landscaped area The noted compliance deficiencies are addressed through Minor Variance Application A2025-112. As the properties are in an SGA zone, there are no minimum vehicle parking requirements. There is a maximum vehicle parking limit, which is determined by the amount of parking provided where the existing amount is above the maximum. 509 Park Street is above the zoning maximum, but no new parking spaces are proposed; therefore, the property complies. Bicycle parking spaces for 54 Mt. Hope Street are provided internal to the residential building, with the Type B spaces being located on 509 Park Street. Agreements will need to be in place to satisfy the zoning requirement, as directed by the onditional Approval of the Site Plan Applications. Environmental Planning Comments: No natural heritage features/functions. Trees and Tree Management Policy compliance would have been/will be addressed by Urban Designer as part of the Site Plan Application. Heritage Planning Comments: No comments. 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. Figure 6: Severance Sketch Engineering Division Comments: A2025-112 No concerns. B2025-031 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 new driveways are to be built to City of Kitchener standards. All works are at the expense, and all work needs to be completed prior to occupancy of 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. The Owner shall implement a suitable design solution for a sump pump outlet to the satisfaction of the Director of Engineering. Here is the OBC standard: This is the requirement in the code: 9.14.5.1. Drainage Disposal o Foundation drains shall drain to a sewer, drainage ditch or dry well. Parks and Cemeteries/Forestry Division Comments: All Parks and Forestry requirements, including required parkland dedication, will be addressed through SPF25/052/P and SPF25/053/P. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo: Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Six Nations of the Grand River Elected Council (SNGREC) Comments: Advisory comments: Comments relate to the overall development. Please convey these comments to the proponent and for any further stages of the application. Haldimand Tract and 1701 Nanfan Treaty Preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty rpetuity, but this proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase SNGREC requests that the proponent commits to these actions during this phase of the application. Planning Staff Response: time and will work with the Owner/Applicant during the Site Plan Approval process to address the Bird and Light Friendly Design and Landscaping comments. 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. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Site Plan Attachment B Severance Sketch Attachment A Site Plan Attachment B - Severance Sketch PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES th 150 Frederick Street, 8 floor Kitchener Ontario N2G 4J3 Canada Telephone: 519-575-4400 Fax: 519-575-4449 www.regionofwaterloo.ca Erica Ali, MCIP, RPP File: D20-20/25 CAM October 6, 2025 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: Re: Comments on Consent Applications – B 2024-031, and B2025-026 through B2025-031 (inclusive) Committee of Adjustment Meeting - October 21, 2025 City of Kitchener Page 1 of 7 File: B2024-031 Address: 829 Stirling Ave S Description: PLAN 785 PT LOT 3 Owner/Applicant: KK Holding Inc c/o Venkata Teja Reddy Thamma The applicant/owner proposes consent to sever to create a new lot. The consent will facilitate the redevelopment of the subject lands with construction of a duplex semi- detached dwelling on each lot (existing structures to be demolished). Minor variance is not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built-Up Area in the Regional Official Plan (ROP). Note the application was deferred by the Committee of Adjustment on November 19, 2024, to allow for the applicant to install the property foundation prior to the severance. Lot configuration is as follows: Retained and Severed -- 362.31sqm, 7.92m frontage Threats Inventory Database (Advisory) The following information from the Region’s Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees (Advisory) Regional staff are in receipt of the required consent review fee of $350, received November 15, 2024. Regional staff have no objection to this application. Page 2 of 7 File: B2025-026 Address: 96/98 Third Ave Description: PLAN 254 PT BLK B Owner: Dario Bakic, Jovana Bakic, Katarina Bakic Applicant: Bobicon Ltd c/o Boban Jakanovic The owner/applicant is proposing consent to sever to create a new residential lot. Redevelopment is proposed (under construction) for a semi-detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 dwelling units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built-Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: - Severed – 320.67sqm with 8.055m frontage - Retained – 320.91sqm with 8.056m frontage Airport Zoning Regulations (Advisory) The property is located in an area subject to Airport Zoning Regulations. Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane, the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region’s Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (Section 59 Notice) is required as part of a formal application for Consent. Regional Staff acknowledge receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 3 of 7 File: B2025-027—B2025-030 (inclusive) Address: 60/62, 64/66 Gage Ave Description: PLAN 402 PT LOT 20 RP 58R12573 PT 1 Owner/Applicant: Jon Crummer; jon@homeridgedesign.com The owner/applicant is proposing consent to sever to create four conveyable parcels and associated easements/right of way. Redevelopment is proposed for a semi- detached structure (sharing party line) containing a duplex dwelling on each lot (i.e. 2 units on each lot). Minor variances are not needed to facilitate the consent. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary and designated Built-Up Area in the Regional Official Plan (ROP). Lot configuration is as follows: Plan 402, Part 2 - Unit 66 (retained) – 343.3sqm with irregular frontage (11.32+11.38+17.08m) - Unit 64 (severed) – 211.9sqm with irregular frontage (5.19+4.62m) Plan 402, Part 3 - Unit 62 (retained) – 211.6sqm with 7.62m frontage - Unit 60 (severed) – 214.4sqm with 7.62m frontage Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region’s Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are no medium or high threats identified on or adjacent to the subject property. Hydrogeology & Source Water Protection Plan (Advisory) The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S. 59 Notice) is required as part of a formal application for Consent. Regional Staff are not in receipt of the S. 59 Notice. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s) will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1. That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. Page 4 of 7 File: B2025-031 Address: 509 Park St & 54 Mt. Hope St (and portion of 82 York St), Description: PLAN 438 PT LOT 14 PT LOT 15 PT LOT 17 RP 58R838 PT LOT 1 PT LOT 2 PT LOT 9 Owner: Woodhouse Investments c/o Joe Woodhouse Applicant: Up Consulting Ltd c/o David Galbraith; david@upconsulting.ca The owner/applicant is proposing consent to sever for lot addition, to convey part of parcel (509 Park St) to 54 Mt Hope St. The lands are also subject to a conditionally approved consent (B 2024-015), conveying a portion of 82 York St to 509 Park St. to facilitate a proposed development that is currently undergoing site plan approval (SPF25/052/P and SPF25/053/P). The consent will facilitate the proposed residential redevelopment of the conveyed parts or parcel while accommodating existing use on retained lands. The Retained lot will accommodate the existing healthcare building fronting Park St (including access drive, parking, common amenity area). The severed lot (54 Mt Hope St) along with conveyed part of parcel (82 York St - subject to B 2024-015) will accommodate a proposal for 12-unit stacked townhouses accessed from Mt. Hope St (including access drive). The applicant is proposing to establish reciprocal easement rights (blanket easement) and a development agreement to provide for the coordinated and long-term functioning of the subject lands. Noting that, Part 2 and Part 9 on R-Plan 58R-838, are subject to existing easement as in instrument No. 1518268 pertaining to access/servicing for neighboring property. Minor variances are needed to facilitate the consent in relation to the lot accommodating the residential development. All parcels have local road access and full municipal services. Subject lands are within the Urban Area Boundary, designated Built-Up Area and MTSA (Grand River Hospital Station) in the Regional Official Plan (ROP). Airport Zoning Regulations (Advisory) Regional staff have no concerns with the application, however, the applicant is advised that if the development requires a crane (over 100ft in height), the developer must submit a Land Use application to NAV Canada and obtain a letter of no objection to the satisfaction of the Region. Threats Inventory Database (Advisory) The following information from the Region’s Threat Inventory Database (TID) is provided until such time as access is transferred to the area municipality. Noting, there are one high threat identified on subject property and no medium/high threats identified adjacent to property. Page 5 of 7 Threat ID: 32176 Company: ONTARIO ADDICTION TREATMENT CENTRES Threat Rank: High NAICS: Offices of Physician (622110) Source Table: Waste Generating Companies Record Last Updated: Sep 6, 2013 5:03 AM Hydrogeology & Source Water Protection Plan The subject lands are located in a Source Plan Protection Area where restrictions or prohibitions may apply in accordance with the Clean Water Act, Part IV. As such a Notice of Source Protection Plan Compliance (S.59 Notice) is required as part of a formal application for Consent. Regional Staff are not inreceipt of the S. 59 Notice whichwill be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Fees Regional staff are not in receipt of the required consent review fee of $350 for consent application. The outstanding fee(s)will be required as a condition of consent approval if not received by the Region prior to the Decision of the Committee of Adjustment. Regional staff have no objection to this application, subject to the following condition(s): 1.That the applicant submit the regional consent review fee of $350 per application to the satisfaction of the Region of Waterloo. 2.That the applicant submit the Notice of Source Protection Plan Compliance (S. 59 Notice)to the satisfaction of the Region of Waterloo. Page 6 of 7 General Comments 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, MCIP, RPP Planner Regional Growth, Development and Sustainability Services Regional Municipality of Waterloo Page 7 of 7 Septmeber 29th, 2025 Connie Owen City of KitchenerFile No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 – 076 – Sydney Street South – No Concerns 2) A 2025 – 101 – 199 Breithaupt Street – No Concerns 3) A 2025 – 102 – 282 Tremaine Cresent – No Concerns 4) A 2025 – 103 – 129 Saint George Street – No Concerns 5) A 2025 – 104 – 23 Donnenwerth Drive – No Concerns 6) A 2025 – 105 – 1010 Copper Leaf Cresent – No Concerns 7) A 2025 – 106 – 43 Maurice Street – No Concerns 8) A 2025 – 107 – 904 Isaiah Place – No Concerns 9) A 2025 – 108 – 32 & 42 Windom Road – No Concerns 10) A 2025 – 109 – 29 Ednad Street – No Concerns 11) A 2025 – 110 – 600 Queen Street South – No Concerns 12) A 2025 – 111 – 396 Southill Drive – No Concerns 13) A 2025 – 112 – 54 Mount Hope & 509 Park Street – No Concerns Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these developments prior to the issuance of a building permit. Document Number: 5085291 The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 October 3, 2025 via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street Grand River Conservation Authority (GRCA) staff have 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 are not subject to Ontario Regulation 41/24 and, therefore, a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority From:LANDUSEPLANNING To:Committee of Adjustment (SM) Subject:Kitchener - 509 Park Street & 54 Mt. Hope Street - B2025-031 Date:Thursday, October 16, 2025 10:16:58 AM Hello, We are in receipt of your Application for Consent, B2025-031 dated 2025-09-26. 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 From:Committee of Adjustment (SM) To:Siobhan Delaney Subject:FW: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Date:Wednesday, October 1, 2025 10:12:52 AM Attachments:Outlook-yu3kjswx.png From: Emmett Vanson <LRLUST@sixnations.ca> Sent: Wednesday, October 1, 2025 9:53 AM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Cc: Peter Graham <LRCS@sixnations.ca> Subject: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Sekon (Hello), Included are my comments for the Oct 21 CoA Meeting on behalf of Six Nations of the Grand River Elected Council (SNGREC). A2025-110: 600 Queen St S Comments relate to the overall development. Please convey these comments to the proponent and for any further stages of the application. Haldimand Tract and 1701 Nanfan Treaty Preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. Development has occurred on Six Nations’ traditional territory without consultation or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees SNGR’s right to harvest and hunt on this property for perpetuity, but this proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounted rooms/beds for Six Nations members. Please contact lrlust@sixnations.ca to schedule a meeting to collaborate on determining compensation. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. Please see the City of Toronto’s bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase’s capacity allows. SNGREC requests that the proponent commits to these actions during this phase of the application. A2025-112: 54 Mt. Hope & Portion of 509 Park ST Comments relate to the overall development. Please convey these comments to the proponent and for any further stages of the application. Haldimand Tract and 1701 Nanfan Treaty Preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. Development has occurred on Six Nations’ traditional territory without consultation or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees SNGR’s right to harvest and hunt on this property for perpetuity, but this proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. Please see the City of Toronto’s bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase’s capacity allows. SNGREC requests that the proponent commits to these actions during this phase of the application. Thank you for taking these comments. Please reach out if you have any questions or concerns. Niá:wen (thank you), Emmett Vanson, BSc. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council Lands and Resources Department lrlust@sixnations.ca Confidentiality Notice: This email, including any attachments, is for the sole purpose of the intended recipients and may contain private, confidential, and privileged information. Any unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by reply email and destroy all copies of the original.