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DSD-2025-488 - A 2025-124 - 131 Gage Avenue
Staff Report r J R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 9, 2025 SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Jade McGowan, Student Planner, 519-707-4759 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: November 26, 2025 REPORT NO.: DSD -2025-488 SUBJECT: Minor Variance Application A2025-124 —131 Gage Avenue RECOMMENDATION: That Minor Variance Application A2025-124 for 131 Gage Avenue requesting relief from the following Sections of Zoning By-law 2019-051 i) Section 7.3, Table 7.6, to permit an easterly interior side yard setback of 2.7 metres instead of the minimum required 3 metres; ii) Section 7.3, Table 7.6, to permit a Floor Space Ratio (FSR) of 0.74 instead of the maximum permitted FSR of 0.6; and iii) Section 7.6 b) to permit a front yard setback of 5.9 metres instead of the maximum permitted 5.6 metres to facilitate the development of a 3 storey multiple dwelling having 36 dwelling units, in accordance with 'Conditionally Approved' Site Plan Application SPF25/035/G, BE APPROVED. REPORT HIGHLIGHTS: • The purpose of this report is to review a Minor Variance Application requesting relief from the minimum interior side yard setback, the maximum Floor Space Ratio, and the maximum front yard setback regulations. • The key finding of this report is that the requested variances meet the 4 tests of the Planning Act. • 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 information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 81 of 251 • This report supports the delivery of core services BACKGROUND: The subject property is located on the north side of Gage Avenue, between Belmont Avenue West and Waverly Road. It is located in the Cherry Hill Planning Community and the Warehouse District Cultural Heritage Landscape. The property is currently vacant. The lands immediately surrounding the subject property are comprised of the C.N. Railway to north, cluster townhouses to the east, and the Iron Horse Trail to the west. Im Figure 1: Location Map (Subject Property Outlined in Red) SGA -4 (151J, (18H), (79HJ, CtA;s 546 N PKG 2 `47 481 ? t23S-S q,5 22 22 22 56 27 44 947 _—..2L21 24 28 P1937 136 7�: .-'" 1778 2zfi 78 84 31 77 2 t8 783 228 76 tot EFRY HIL 75 12 ® 731 ..737475 238 74 7712 73 18 \ Hare ail 89 � 4 5 8 7 O 9 2 3 -2 (729),(49) 524 _ �� 110 104 M -2 {129j, {751 j,{49}. 3 R_2 y 525 �tiy� NHC 1 �f#� Raddatz Park Natural Arei �P� MIX -2 1491 G Figure 2: Zoning Land Use Map (Subject Property Outlined in Red) Page 82 of 251 The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is designated `Low Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The property is zoned `Low Rise Residential Five Zone (RES -5)' in Zoning By-law 2019- 051. Figure 3: Subject Property Figure 4: Eastern Interior Side Yard The property is subject to Site Plan Application SPF25/035/G, which was `Conditionally Approved' on October 23, 2025. The purpose of this application is to request Minor Variances to facilitate the construction of a multiple dwelling residential development consisting of 3 storeys and 36 residential dwelling units. The applicant is requesting a decreased easterly interior side yard setback of 2.7 metres instead of the minimum required 3 metres, to permit a Floor Space Ratio (FSR) of 0.74 instead of the maximum permitted FSR of 0.6, and an increased front yard setback of 5.9 metres instead of the maximum permitted 5.6 metres. Staff conducted a site visit on November 19, 2025. Page 83 of 251 .veon.� r,a. a, PaGCGo-++ REVISED: SITEPLAN 0 5 10 15 20 2,5 1000794348 ONTARIO INC. SCALE T: ON 131 GAGE AVE., KITCHENER, ON DAT€ MTCMR 8°x12A C-1 r Il 4 FIrDP"cN0.1hiP6 C4 CENTER L44 CONC CONCKTF DVB DRNEWAYOS©LIN TRIANGLE SITE STATISTICS BEP. ELEVRTIGN 2mr-RESA EVELECTRICALVEHK:LE READI WKING Cd.0.kpIcaria Mna VAia'6, Rxurcil EX. F.H EX13TING FII Pn'CT+.e4- Lot Awa 8.52A"p425ry argrrade•awral F.R. FIFH: Rd TE HRHDDR Lan�.s2r1 A16r A e.3 m' I2SA �] ti¢ - STAR. GioLwiF SYS. MMM 337 Fa111'g "Lima- 1.165WW.0 1.15x38=+-7 VP VIAITDRFAR19 G Pa1H3p RoG4.kA-ai e RANAIER FREE P;m3ar pl Co -W. Ca' F`,aHl'gF a i PaAiT Sp—M.in Cirr rrs 218—Mr- CanpactC3rPannf7G enNnB-2.1a1u5,Em L•.SSnC. MULTI -RESIDENTIAL Y�� IX54uG. .a kTl A,sa� P11 - u rusrle ra b � orT H.—d Dass A R ryck Pa Airy: Rp]5'rr iA _ aPsraec: 16 try± Nude d pax 5 5 We NtkifG: HeoWro:6 P d.. B _ Y NOTE. Al AWHALT FRAM TO 6E DEFINED W17-1 UAW HIGH POLI -_ED CDNLR=TE CrNHIIIG s. -. .. �--- ts nT llru--I — — _ .veon.� r,a. a, PaGCGo-++ REVISED: SITEPLAN 0 5 10 15 20 2,5 1000794348 ONTARIO INC. SCALE T: ON 131 GAGE AVE., KITCHENER, ON DAT€ MTCMR 8°x12A C-1 r Il SITE STATISTICS 2mr-RESA Cd.0.kpIcaria Mna VAia'6, Rxurcil Lot Awa 8.52A"p425ry argrrade•awral MdN Caxngo- 9t2.i 5 m' {2P.8 5ej Lan�.s2r1 A16r A e.3 m' I2SA �] ti¢ - mo'.[Hary 9u1xs Arw- 1 6W t m`lax 9 :1 337 Fa111'g "Lima- 1.165WW.0 1.15x38=+-7 Pa1H3p RoG4.kA-ai e P;m3ar pl Co -W. Ca' F`,aHl'gF a i PaAiT Sp—M.in Cirr rrs 218—Mr- CanpactC3rPannf7G enNnB-2.1a1u5,Em MULTI -RESIDENTIAL HuuBc d LFih- 98 ryau3rar tl Vatilr Apaeaa- 6 Fl- 9735 Biro -e h. II EI HrR ^elghr 11 im i H.—d Dass A R ryck Pa Airy: Rp]5'rr iA _ aPsraec: 16 try± Nude d pax 5 5 We NtkifG: HeoWro:6 P d.. B _ Y NOTE. Al AWHALT FRAM TO 6E DEFINED W17-1 UAW HIGH POLI -_ED CDNLR=TE CrNHIIIG SITE PLAN! APPLICATION No. SPF251035/G PART OF LOT 14 REGISTERED PLAN 402 City of Kitchener GM1D FLE SP.DWG DEVELOPMENT S£R'VICES pEP.4RTIiENT Figure 5: Conditionally Approved Site Plan Figure 6: Proposed Elevation Page 84 of 251 REPORT: Planning Comments: 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 The general intent of the Low Rise Residential land use designation is to accommodate a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. The maximum Floor Space Ratio (FSR) and building height is regulated through the Zoning By-law. Official Plan policies do permit site specific increases within low rise residential zones to a Floor Space Ratio (FSR) up to a maximum of 0.75, where it can be demonstrated that the increase is compatible. A site layout that is compatible with the existing scale and character of the neighbourhood has been accomplished through the Site Plan Application process. Adequate landscaped areas and parking areas are provided on site. The proposed multiple dwelling site design maintains a low rise built form that is compatible with the scale of the surrounding neighbourhood and provides adequate landscaped and parking areas on site. Therefore, Planning Staff are satisfied that the variances maintain the general intent of the Official Plan. General Intent of the Zoning By-law The purpose of the `RES -5' zone is to accommodate the widest range of low density dwelling types on the widest range of lot sizes in low rise areas. The intent of the interior side yard setback regulation is to preserve adequate separation between buildings, mitigate privacy concerns between properties, and ensure enough space for maintenance access. The property was previously zoned `R-6' under Zoning By-law 85-1 which permitted a 2.5 metre side yard setback. The applicant has requested to allow an interior side yard setback of 2.7 metres where 3.0 metres is required under the new RES -5 zoning. The lot line subject to this relief is adjacent to a parking lot and driveway on the abutting property. The balconies located in this interior side yard are adequately setback from the lot line. As such, Staff do not anticipate any privacy or access concerns and are of the opinion that the requested variance for reduced interior side yard setback meets the general intent of the Zoning By-law. The intent of the regulation for a maximum Floor Space Ratio of 0.6 for multiple dwellings is to regulate the overall massing of buildings on site and to ensure there is adequate space on-site for off-street parking, amenity areas, waste storage, snow storage, hydro transformers, community mailbox, bicycle storage, and other various site features. The site plan provided demonstrates that there is adequate space on site for the aforementioned items and through the Site Plan process staff have reviewed the plan to ensure the site functions. Staff is of the opinion that the requested variance for an increase in Floor Space Ratio meets the general intent of the Zoning By-law. Page 85 of 251 The intent of the maximum front yard setback regulation is to ensure that development maintains a consistent street line presence. The regulation outlines that the maximum front yard shall be the established front yard plus one metre. The front yard setback of the low rise residential property to the east at 103 Gage Avenue is 4.7 metres therefore the maximum front yard is 5.7 metres. Due to the 5.6 metre easement over the sanitary pipe located in the front yard, the multiple dwelling cannot meet the required setback. The easement is required by Engineering for realignment of the existing sanitary sewer. Staff are satisfied through the detailed design that the proposed multiple dwelling will maintain a street presence while making the best use of the property despite the constraints of the site. Therefore, Staff is of the opinion that the requested variance for an increase in maximum front yard meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The effects of the reduced side yard, increase in Floor Space Ratio (FSR), and increased maximum front yard setback are considered minor, as the increased floor space on site can be accommodated while providing for the necessary site features as well as maintaining the required rear yard setback. The increased floor space is not expected to increase impacts to the surrounding neighbourhood beyond what is permitted with a 0.6 Floor Space Ratio permitted as -of -right. The increased front yard setback is due to an easement spanning most of the front yard and is not expected to impact the surrounding neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variances are considered desirable for the appropriate development of the land and will provide additional dwelling units to the City's housing stock and support the City's Housing Pledge. The increase in Floor Space Ratio (FSR) and reduced side yard allows for a multiple dwelling design with more comfortable sized units and the increased front yard is desirable for future access to the sanitary services easement. Environmental Planning Comments: Please see separate email to Andrew Pinnell, dated November 28, 2025. Water management to enhance the Ecological Restoration Area was committed to as part of the Site Plan Approval Process. See full comments under Attachment `B' below. Heritage Planning Comments: The subject property has no heritage status. However, it is located within the Warehouse District Cultural Heritage Landscape (CHL).The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. Staff would like to provide the following comments regarding the proposed design of the townhomes: The applicant is encouraged to design the townhomes using massing and architectural details that are consistent with the established character of the neighborhood. The applicant is encouraged to consider a more neutral colour for stone - a beige as opposed to the gray. The applicant is also encouraged to have a fenestration pattern and massing that is more consistent with nearby townhome developments. Page 86 of 251 Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the stacked townhouse is obtained prior to construction. Please contact the Building Division at buildinq(a-)kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: All Parks and Forestry requirements, including Parkland Dedication, will be addressed through Site Plan Application SPF25/035/G. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo No concerns. Grand River Conservation Authority (GRCA) The GRCA has no objections to the minor variance application. A GRCA permit is required for any work within the regulated area. See full comments in Attachment `A' below. Six Nations of the Grand River Elected Council (SNGREC) Advisory Comments: 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, directing light downwards, and more. 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/2017/08/8d 1 c-Bird- Friend Iy-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/upload s/2018/03/8ff6-city-pIan n inq-bird-effective- lighting.pdf Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. 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. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 87 of 251 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 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 • Official Plan (2014) • Zoning By-law 2019-051 • Site Plan Application SPF251035IG ATTACHMENTS: Attachment A — GRCA Comments Attachment B — Environmental Planning Comments Page 88 of 251 Attachment A - GRCA Comments November 20, 2025 Via email Ad mini stration Centre: 400ClydeRoad. P.Q. Box 725 Cambridge, ON N1e.5W6 Phonw 519.621.1761 Toll free. 1-366-900-4722 Fax' 519-621,48414 uvww.grandri+rer.ca GRCA File: A2025-124 —131 Gage Ave Marilyn Mills City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Re: Minor Variance Application (A2025-124) 131 Gage Avenue, City of Kitchener Mansour Zarkari, 1040794348 Ontario Inc. Dear Marilyn Mills, Grand River Conservation Authority (GRCA) staff have reviewed the above -noted application Lo facilitate stacked townhouses consisting of 36 units_ Recommendation The GRGA has no objections to the minor variance application_ A GRCA permit is required for any work within the regulated area_ i.3RCA Comments GRCA has reviewed this application under the Mandatory Programs and Services Regulation (ontado Regulation 686. 21), including acting on behalf of the Province regarding natural hazards identified in Sec- on 5.2 of the Provincial Planning Statement (PPS, 2024), as a regulatory authority unser Ontario Regulation 41124 and as a public body under the Panning Act as per our CA Board approved policies. Information currently ava Iable at this office indicates that the subject property is adjacent to Westmeunt Creek_ As discussed in our site plan comments, we note that the floodplain mapping for Westmourrt Creek is incomplete_ The applicable regulatory floodplain elevation (R FE) for the subject property is 327.96 metres (CGVD28) 1327.55 metres (CGVD2013), based on hydraulic modelling available to us and backwater conditions_ As such, a portion of the subject property is regulated by the GR A under Ontario Regulation 41124. Any new developmenVsite alteration within the regulated area will require a permit from the GRCA. GRCA previously provided comments on the associated site plan application, dated June 0, 2025, which indicated that we had no objections due to the proposed structure being outside of the existing and proposed floodplain. It is our understanding that the minor variance application Page 89 of 251 is to request relief forthe required minimum Deft side yard setback, maximum lot coverage, and maximum front yard setback_ We also understand that the minor variances are required as part of clearing the City's conditions for site plan approval. Based on our review of the current submission, we have noobjections to the approval of the minor variance application, We acknowledge receipt of the plan review fee of $465.40 for the associated site plan application_ As such, no additional fees are required for our review of the minor variance application_ Please note that a separate fee is required for a GRCA permit application_ We trust this information is of assistance_ Should you have any questions, please contact the undersigned at 519-621-2763 ext_ 2270 or awangCd�arandriver.ca_ Sincerely, F Angela Wang Resource Planner Grand River Conservation Authority Copy_ Mansour Zarkah, 1000794348 Ontario Inc_ (via email) Page 90 of 251 Attachment B — Environmental Planning Comments From: Barbara Stei ner < 3arbara,S_einer0akitchener.ca} Sent: Friday, November 28, 2025 3:30 PM To: Andrew Pinnell <Andrew.Pinnellfa kitchener.ca> Cc: Sandro Bassanese <Sandro.Bassanesekitch ener.ca> Subject: City Emil Planning RE: Full Site Plan SPF25/035/G - 131 & 135 GAGE AVE Andrew: For mylyour records, I did reviewGRCM s comments, the SWM Report and the Functional Servicing Report Late this spring to confirm that my PSC comments regard ing the water q uantitylq uaLity concern slopportunities were i ncc) rporate d i nto the site desi gn. Thi s was to ensure that the Eco Logical Restorati on Area (ERA, Kitch ener Official Plan overlay}that exists on-site coincidantwith the floodplain of Westmount Creek W LL ba prop erLy tre ated through the d eve Lopm e nt of the site. These studies were accepted by the City and deemed to meet the req uirements f or a (Scoped) EIS when d eveLop me nt occ u rs on /a dj a ce nt to an EcologicaLRestorationArea. Reviewof the studies noted ab ave indicates that: q antity is being controlled to pre -development (or Less) Levels to prevent erosi on of the Westmou nt Creek vaLLeyland downstream of the site in Rad datz Park; and a Stormcaptor OGS will be installed on-site to en sure that LeveL 1 ("Enhanced") MO water quality parameters are ach ieve d through the development Both of these measures will contribute to an improved Westmount Creek, and meets the testsl requirements of KO ERA Policies in Policies 7.C.234-43. Trustingthis will be carried through to implementation. Barbara Steiner Senior Environmental Planner I Planning I City of Kitchener 519-783-89471 TTY 1-866-969-9994 1 barbara.stein er(bkitchener.ca Page 91 of 251 November 18th, 2025 Connie Owen City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 File No.: D20-20/ VAR KIT GEN PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G U Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca Subject: Committee of Adjustment Meeting December 9, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 — 117 — 2922 King Street East — No Concerns 2) A 2025 — 118 — 630 Benninger Drive — No Concerns 3) A 2025 — 119 — 455 Old Chicopee Trail — No Concerns 4) A 2025 — 120 — 532 Courtland Avenue East — No Concerns 5) A 2025 — 121 — 546 Courtland Avenue East — No Concerns 6) A 2025 — 122 — 117 Samuel Street — No Concerns 7) A 2025 — 123 — 20 Gildner Street — No Concerns 8) A 2025 — 124 — 131 Gage Avenue — No Concerns 9) A 2025 — 125 — 50-56 Weber Street West & 107 Young Street — No Concerns 10) A 2025 — 126 — 1720 Glasgow Street — No Concerns 11) A 2025 — 127 — 71 Blucher 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. 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. Document Number: 5129065 085291 Page 92 of 251 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: 5129065 Page 93 of 251 From: Pateman, Doug To: Marilyn Mills; Committee of Adjustment (SM) Cc: Sliwa. Katarzyna; Banach. Isaiah; Tim Fedv; Andrew Pinnell Subject: Letter to the Committee of Adjustment- 1CN-1000794348 Ontario Inc., 131 and 135 Gage Avenue, Kitchener - Municipal File No. A 2025-124 (127446-1765) Date: Wednesday, December 3, 2025 3:37:14 PM Attachments: Letter to Committee of Adiustment - CN - 1000794348 Ontario Inc.. 131 & 135 Gage. Kitchener - Sent December 3. 2025.odf You don't often get email from doug.pateman@dentons.com. Learn why this is important Hello Ms. Mills, On behalf of our client, Canadian National Railway Company ("CN"), please find attached a letter outlining CN's comments and request regarding the subject minor variance application. We kindly ask that you circulate the attached letter to the Committee Members for the December 9, 2025 meeting and confirm receipt of this email. Thank you for your time and assistance. Doug Pateman Associate My pronouns are: He/Him/His D +1 416 862 3411 doug.pateman(cDdentons.com I Bio I Website Dentons Canada LLP 177 King Street West, Suite 400, Toronto -Dominion Centre, Toronto, ON, M5K OA1, Canada FL -0-9-0— Our Legacy Firms I Client Experience (CX) Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Email you receive from Dentons may be confidential and protected by legal privilege. If you are not the intended recipient, disclosure, copying, distribution and use are prohibited, please notify us immediately and delete the email from your systems. To update your commercial electronic message preferences email dentonsinsightsca@dentons.com. Please see dentons.com for Legal Notices. Page 94 of 251 Doug Pateman Associate doug.pateman@dentons.com D +1 416 862 3411 December 3, 2025 Sent Via Email: marilyn.mills(cDkitchener.ca & CofA(cDkitchener.ca Marilyn Mills Secretary -Treasurer, Committee of Adjustment City of Kitchener City Hall, 6th Floor 200 King Street West Kitchener, ON N2G 4G7 Dear Ms. Mills and the Members of Committee: Re: Committee of Adjustment - December 9, 2025 Meeting Item 6.6 Minor Variance Application A 2025-124 131 & 135 Gage Ave, Kitchener (the "Subject Lands") 1000794348 Ontario Inc (the "Developer") Dentons Canada LLP 77 King Street West, Suite 400 Toronto -Dominion Centre Toronto, ON, Canada M5K OA1 dentons. com File No.: 127446-1765 We are counsel for Canadian National Railway Company ("CN") with respect to the above -noted matter. The Developer proposes to build a residential building with 36 residential units directly abutting CN's Guelph Subdivision. To facilitate this project, the Developer seeks certain variances to reduce the side and front yard setbacks and an increase in the FSI. For the reasons set out in this letter, CN views this matter as premature as serious issues relating to safety and compatibility remain unaddressed. As such, we ask the Committee to defer the approval of these variances until such time as these matters have been resolved. Background CN set out its ongoing interests in this project on multiple occasions. On May 10, 2024 and May 16, 2025, in relation to the concurrent site plan application, CN provided comments, including a list of proposed conditions, most of which remain unresolved. This correspondence is attached as Appendices "A" and "B", respectively. The City conditionally approved the site plan application on October 23, 2025. CN subsequently submitted a letter to Mr. Andrew Pinnell, Senior Planner, on November 12, 2025, requesting that City Staff not support any application for minor variance until issues of safety and compatibility are addressed, including registering a CN Development Agreement and Environmental Easement on the Subject Lands. A copy of this letter is attached as Appendix "C". Puyat Jacinto & Santos ► Link Legal ► Zaanouni Law Firm & Associates ► LuatViet ► For more information on the firms that have come together to form Dentons, go to clentons.com/legacyfirms NATDOCS\90839833\V-1 Page 95 of 251 dentons. corn December 3, 2025 Page 2 As the Developer's application materials were only provided to Dentons Canada LLP yesterday, three days prior to the Staff report's public release, our office's ability to provide technical comments was limited, despite our requests for advance notice. CN's Role and Concerns CN owns and operates significant rail infrastructure in the City of Kitchener, including the Guelph Subdivision immediately north of the Subject Lands. CN's operations are integral to both Kitchener's and Canada's economy. The City of Kitchener's Official Plan acknowledges the need for land use compatibility with CN's infrastructure. Policy 6.C.3.18 states that all proposed development adjacent to railways must ensure appropriate safety measures to the satisfaction of the City in consultation with the railways, including CN. Key aspects of compatibility between railways and sensitive uses include provisions for a crash wall, study of noise and vibration, confirmation of setback distances, review of stormwater management matters, among others. As CN's Guelph Subdivision is a "major facility" under the Provincial Planning Statement ("PPS"), Policy 3.5 requires that development avoid, or if avoidance is not possible, minimize and mitigate potential adverse effects. Where avoidance is not possible, the City is required to protect the long-term viability of CN's infrastructure from incompatible sensitive uses (PPS, s. 3.5). We are not aware of what work was done by the Developer or the City to satisfy these policies. To address noise and vibration issues, CN asks that the Developer enter into an agreement under the Industrial and Mining Lands Compensation Act (the "Development Agreement") and grant CN an Environmental Easement in relation to noise emissions over the Subject Lands. These documents provide notice and set out responsibilities for how noise and vibration mitigation will be implemented and maintained for the long-term. These requirements remain unaddressed. As noted in our previous correspondence to Mr. Pinnell, the City's approvals to date do not address ongoing land use compatibility between sensitive uses and rail uses as envisioned by the City's Official Plan Policy 6.C.3.18. In the conditional site plan approval, CN Warning Clauses are included, which are helpful to inform residents, but do not identify how noise mitigation will be addressed or how it will be maintained to ensure the long-term viability of CN's infrastructure, as required by the PPS. The Developer's requested variances, individually and collectively, do not maintain the general intent and purpose of the Official Plan or Zoning By-law. While the Developer has proposed crash walls along the CN right-of-way, without a Development Agreement secured on title to the Subject Lands, the construction and maintenance of these crash walls is not guaranteed. Simply, without a Development Agreement, the proposal does not align with the general intent and purpose of the Official Plan nor Zoning By-law, thus would fail the statutory test for a minor variance as the appropriate safety measures such as security fencing, crash walls and setbacks are not secured. The CN Development Agreement secures the long term safety measures between CN's operations and the Developer's sensitive uses. It is the intent and purpose of the Official Plan to ensure the continued safety of residents living in proximity to railway operations. Absent the registration of the Development Agreement and Environmental Easement, the Developer's proposal does not meet this intent and purpose. In addition to Policy 6.C.18, Policy NATDOCS\90839833\V-1 Page 96 of 251 dentons. corn December 3, 2025 Page 3 4.C.1.8(d) specifically requires that developments mitigate any adverse impacts where minor variances are requested. Given that the Developer has yet to finalize the form of mitigation required as a result of CN operations, any increase in FSI brings even more sensitive users into proximity with CN's operations. The Official Plan explicitly requires that adverse impacts, such as that of noise and vibration, be mitigated. Simply, absent a Development Agreement securing both noise and vibration mitigation for a future higher -density use, as envisioned by the increased FSI variance, this Committee cannot reasonably determine that the variances meet the intent and purpose of the Official Plan. In addition, the Developer's proposal cannot be considered desirable for the appropriate development of land because absent a CN Development Agreement in place to secure essential mitigation measures, the comfort of future residents cannot be guaranteed. Without the Development Agreement, there is no guarantee that crash walls, security fencing, and noise/vibration mitigation will be constructed or maintained over the long term. These measures are critical to ensuring compatibility between the increased FSI on the Subject Lands and CN's Guelph Subdivision. Approving the variances without a binding Development Agreement would expose future users of the sensitive uses to ongoing safety and nuisance risks and undermine the long-term viability of CN's operations, contrary to the PPS and the City's Official Plan. Simply put, it is undesirable to permit a sensitive use adjacent to a major facility without a clear, enforceable plan for construction and maintenance of mitigation measures. In CN's view this means the Developer also failed the second statutory test for a minor variance being the desirable and appropriate development of the Subject Lands. A minor variance proposing reduced setbacks would bring multiple sensitive residents closer to CN operations without adequate mitigation. The purpose of the Development Agreement is to secure the form and type of mitigation measures required for the proposal of sensitive uses. If approved, an inadequate crash wall, or the absence of one, could seriously compromise the safety of the Subject Lands. Residents would be subjected to ongoing rail operations and increased exposure to noise and vibration if the proposal is approved as submitted. Again, absent a secured Development Agreement on title to the Subject Lands, the development cannot be considered desirable or appropriate. To be appropriate and desirable, the proposed use must be safe and adverse impacts adequately mitigated. In CN's view, absent a registered Development Agreement and Environmental Easement, compatibility between the proposed residential uses and CN's operations remains uncertain and inconsistent with the Provincial Policy Statement, the intent and purpose of the Official Plan, and the Zoning By-law. For this reason, the Committee of Adjustment should refrain from granting the Minor Variance for the Subject Lands until CN has confirmed that compatibility issues have been resolved, including through registration of the CN Development Agreement and Environmental Easement. CN notes that as -of -right setback reductions of 10%, recently introduced through O. Reg. 257/25, do not apply to lands within 300 metres of a railway line. The Province was careful to maintain setback distances in proximity to rail to ensure long-term safety and compatibility between sensitive land uses and railway operations. NATDOCS\90839833\V-1 Page 97 of 251 dentons. corn December 3, 2025 Page 4 CN is prepared to work with the Developer to address its issues, such that these lands can be used for a sensitive use, notwithstanding that they are located immediately next to a major facility. However, it is premature for this Committee to proceed with approval until appropriate noise, vibration, and crash safety measures have been properly addressed and secured. Request for Deferral CN respectfully requests that the Committee of Adjustment defer consideration of the minor variance application until the safety and compatibility issues raised in this letter have been addressed. Specifically, we ask that this matter not proceed until a CN Development Agreement and Environmental Easement have been registered on title to the Subject Lands. Please ensure that a copy of this letter is provided to the Committee members in advance of the December 9, 2025, meeting. Best Regards, Dentons Canada LLP 4IL-1 Doug Pateman Associate Attachments: Copy: Appendix "A" email dated May 10, 2024 Appendix "B" email dated May 16, 2025 Appendix "C" letter dated November 12, 2025 Tim Fendy, counsel for the Developer Client Andrew Pinnell, Senior Planner Katarzyna Sliwa and Isaiah Banach, Counsel for CN NATDOCS\90839833\V-1 Page 98 of 251 December 3, 2025 Page 5 NAT DOCS\90839833\V-1 Appendix "A" dentons.com Page 99 of 251 Pateman, Doug From: Proximity Sent: Friday, May 10, 2024 3:39 PM To: Sandra.Djuric@kitchener.ca Cc: plan ning.applications@kitchener.ca Subject: 2024 -05 -10 -CN Comments_Notice of (SP/MV) Pre -Submission Consultation for 131 & 135 Gage Ave Attachments: 131 & 135 Gage Ave - Application_for_Pre-submission_Consultation.pdf; 131 & 135 Gage Ave - Cover Letter.pdf, 131 & 135 Gage Ave - Draft Concept Plans.pdf Hello Sandra, Thank you for consulting CN on the application mentioned in subject. It is noted that the subject site is adjacent to CN's Guelph Subdivision Main Line. CN has concerns of developing/densifying residential uses in proximity to railway operations. Development of sensitive uses in proximity to railway operations cultivates an environment in which land use incompatibility issues are exacerbated. CN's guidelines reinforce the safety and well-being of any existing and future occupants of the area. Please refer to CN's guidelines for the development of sensitive uses in proximity to railways. These policies have been developed by the Railway Association of Canada and the Federation of Canadian Municipalities. CN encourages the municipality to pursue the implementation of the following criteria as conditions of an eventual application approval: 1. Safety setback of principal buildings from the railway rights-of-way to be a minimum of 30 metres in conjunction with a safety berm. The safety berm shall be adjoining and parallel to the railway rights-of-way with returns at the ends, 2.5 meters above grade at the property line, with side slopes not steeper than 2.5 to 1. If the integration of a safety berm is not feasible a crash wall must be design following the attached standards developed by AECOM. CN will require for the crash wall design to be peer reviewed and approved by AECOM. 2. The Owner shall install and maintain a chain link fence of minimum 1.83 meter height along the mutual property line. 3. The Owner shall engage a consultant to undertake an analysis of noise. Subject to the review of the noise report, CN may consider other measures recommended by an approved Noise Consultant. 4. Ground -borne vibration transmission to be evaluated in a report through site testing to determine if dwellings within 75 meters of the railway rights-of-way will be impacted by vibration conditions in excess of 0.14 mm/sec RMS between 4 Hz and 200 Hz. The monitoring system should be capable of measuring frequencies between 4 Hz and 200 Hz, ±3 dB with an RMS averaging time constant of 1 second. If in excess, isolation measures will be required to ensure living areas do not exceed 0.14 mm/sec RMS on and above the first floor of the dwelling. 5. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of- way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the Page 100 of 251 residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 6. The storm water management facility must be designed to control storm water runoff to pre -development conditions including the duration and volume of the flow and accordingly have no impacts on CN right of way, including ditches, culverts and tracks. Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from CNR and be substantiated by a drainage report to the satisfaction of the Railway. 7. The Owner shall through restrictive covenants to be registered on title and all agreements of purchase and sale or lease provide notice to the public that the safety berm/crashwall, fencing, and noise/ vibration mitigation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. 8. The Owner shall enter into an Agreement with CN stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. 9. The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN. CN anticipates the opportunity to review a noise and vibration study, a crash wall design reviewed and approved by AECOM and a storm water management report taking into consideration FCM/RAC development guidelines. Please, note that a CN work permit may be required for construction works within 10 meters from CN right of way. A work permit application may be submitted to CN public works via permits.gld@cn.ca, for their review and authorisations prior to the construction phase of the project. We request that CN Rail and the proximity@cn.ca email be circulated on any and all public notices and notice of decisions with respect to this and future land use planning applications with respect to the subject site. Thankyou CN Proximity CJ\J proximity@cn.ca From: Sandra Djuric <Sandra.Djuric@kitchener.ca> Sent: Wednesday, May 8, 2024 1:21 PM To: Adam Clark <Adam.Clark@kitchener.ca>; Andrew Pinnell <Andrew.Pinnell@kitchener.ca>; Arwa Alzoor <Arwa.Alzoor@kitchener.ca>; Barbara Steiner <Barbara.Steiner@kitchener.ca>; Barry Cronkite <Barry.Cronkite@kitchener.ca>; Brad Biskaborn (Canada Post <brad.biskaborn @ca nada post. postescanada.ca>; Brian Bateman <Brian.Bateman@kitchener.ca>; Brian Bennett <Brian.Bennett@kitchener.ca>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Carrie Musselman <Carrie.Musselman@kitchener.ca>; Christine Wagner <Christine.Wagner@kitchener.ca>; Proximity <proximity@cn.ca>; Cory Bluhm <Cory.Bluhm@kitchener.ca>; CP Rail <Real_estatecanada @cpr.ca>; Craig Dumart <Craig.Dumart@kitchener.ca>; Darren Becks <Darren.Becks@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Don Corbett Page 101 of 251 <dcorbett@regionofwaterloo.ca>; Ellen Kayes <EIIen.Kayes@kitchener.ca>; Eric Schneider <Eric.Schneider@kitchener.ca>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; Garett Stevenson <Garett.Stevenson@kitchener.ca>; Gaurang Khandelwal <Gaurang.Khandelwal@kitchener.ca>; Goderich-Exeter Railway <gexr-csc@gwrr.com>; GRCA-Planning <planning@grandriver.ca>; Greig Cameron <greig.cameron@enovapower.com>; Howard (Shen -Hao) Chang (SChang@regionofwaterloo.ca) <SChang@regionofwaterloo.ca>; Landuse Planning <landuseplanning@hydroone.com>; Janine Oosterveld<Janine.Oosterveld@kitchener.ca>; Jennifer Young <Jennifer.Young@kitchener.ca>; Jessica Vieira <Jessica.Vieira@kitchener.ca>; Joanne McCallum <Joanne.McCallum@kitchener.ca>; John Zunic <John.Zunic@kitchener.ca>; Jordan MacLaughlin <Jordan.MacLaughlin@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katey Crawford <Katey.Crawford@kitchener.ca>; Katie Anderl <Katie.Anderl@kitchener.ca>; Operations Technologist (SM) <Operations.Technologist@kitchener.ca>; Kristen Heinitz <Kristen.Heinitz@kitchener.ca>; Lenore Ross <Lenore.Ross@kitchener.ca>; Leslie Collins <Leslie.Collins@kitchener.ca>; Lolita Paroski <Lolita.Paroski@kitchener.ca>; Matt Ruetz <Matt.Ruetz@kitchener.ca>; Development Coordinator <development.coordinator@metrolinx.com>; Michele Kamphuis<Michele.Kam phuis@kitchener.ca>; Michelle Drake <michelle.drake@kitchener.ca>; Mike Balch <Mike.Balch@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; Moira Coughlan <Moira.Coughlan@kitchener.ca>; Natalie Goss <Natalie.Goss@kitchener.ca>; Nicole Jutzi <Nicole.Jutzi@kitchener.ca>; Ontario Power Generation<executivevp.lawanddevelopment@opg.com>; Park Planning (SM) <Park.Planning@kitchener.ca>; Pegah Fahimian <Pegah.Fahimian@kitchener.ca>; Planning Applications <planningapplications@regionofwaterloo.ca>; RMO - Risk Management Official (rmo@regionofwaterloo.ca) <rmo@regionofwaterloo.ca>; Robert Morgan <Robert.Morgan@kitchener.ca>; Robert Schipper <Robert.Schipper@kitchener.ca>; Rogers Communications Canada (SWOGR-PERMITS@rci.rogers.com) <SWOGR- PERMITS@rci.rogers.com>; Rojan Mohammadi <Rojan.Mohammadi@kitchener.ca>; Rosa Bustamante <Rosa.Bustamante@kitchener.ca>; Sandra Djuric <Sandra.Djuric@kitchener.ca>; Sandro Bassanese <Sandro.Bassanese@kitchener.ca>; Scott Berry <Scott.Berry@kitchener.ca>; Shaun Wang <shaun.wang@enovapower.com>; Sheryl Rice Menezes <Sheryl. Rice Menezes@kitchener.ca>; Source Protection Risk Management <RiskManagementOfficial@regionofwaterloo.ca>; Steven Ryder <Steven.Ryder@kitchener.ca>; Sylvie Eastman <Sylvie.Eastman@kitchener.ca>; Tanya Roberts <Tanya.Roberts@kitchener.ca>; Tara Zhang <Tara.Zhang@kitchener.ca>; Tim Donegani <Tim.Donegani@kitchener.ca>; Tim Seyler <Tim.Seyler@kitchener.ca>; Tina Malone -Wright <Tina. MaloneWright@kitchener.ca>; Viane Resh <Viane.Resh@kitchener.ca>; Victoria Grohn <Victoria.Grohn@kitchener.ca>; Waterloo Catholic District School Board <planning@wcdsb.ca>; WRDSB (planning@wrdsb.ca) <planning@wrdsb.ca>; WSP (Bell Canada) <circulations@wsp.com>; City of Waterloo circulation (zoningpreconsultation@waterloo.ca) <zoningpreconsultation@waterloo.ca> Cc: Andrew Pinnell <Andrew.Pinnell@kitchener.ca> Subject: Notice of (SP/MV) Pre -Submission Consultation for 131 & 135 Gage Ave CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe. AVERTISSEMENT : ce courriel provient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece jointe a moins de reconnaitre 1'exp6diteur et d Please feel free to forward to anyone else that may have an interest in attending. PLEASE NOTE: PRE -SUBMISSION CONSULTATION APPLICATIONS ARE 'CONFIDENTIAL'. MEETING DATE & TIME: June 6, 2024 @ 1:00pm — 2:00pm (staff only meeting May 30, 2024) MEETING LOCATION: MS Teams — virtual meeting SITE: 131 & 135 Gage Ave APPLICANT/AGENT: Ali Keyhani PROPOSAL: (SP/MV) Page 102 of 251 A 40 unit stacked townhouse development. CITY STAFF: AMANDA: AP24/032 or 24 111945 Bluebeam: https://secure- web.cisco.com/18a7M4NP1RfglrwE2CEb6TE KQQF3g5cW9irS8B1e7EQSgy8D85N198aN3Pg Rza4sBIlkL5LK2PxBL3YZ95E PaHO zxOlYOssUb6AEMIQTnGc1RKa41LALhCFi OwlvGe24iDA VH91MVT87LmexfLLnBhsxhMVvVFsel9NNobIwoVLPIgkTA fWmdZhlb78d-sse obEdatlWHcibxZAOtz- 8khhGt2PYpho693UYCaOlstes 4ACh76FviiyOlbA10z2llnxYSfOJcYHLg fa H8d9HNPMVQsHDYNhN4iStiGDbFbgPXpC v- IhrEUis Q- owxbhTPVLFkk4Kv31hF7Vln sn4 fA3mCuaE7i5le8VVzhlFdlxYLd9cQFBaPmPRtKNKCgsX79YVxgnn9miXfoNRmlQmzV9CPg LBQHVE/https%3A%2F%2Fstudio.bluebeam.com%2Fhyperlink.html%3Flink/3Dstudio.bluebeam.com%2Fsessions%2F32 2-287-770 EXTERNAL AGENCIES: ShareFile: https://secure- web.cisco.com/lclhAaiWO6Mmcfr4WQr676LJvlbLRDln6doJCVQNxFmQdOJTKlMhkOh*4n3BBRB-WSefYTL2- 6tDpu6ldllyShlRcB- H74svnB7aDDdLUZvF6oS7Ff e7bx8J xTnUMOzDtU2Osg8k9t4Dgt LPiYNCm6YLl5c ppax6tJvFilYdDBJwXvphYGJ- 7YwN4DxVVIWWIVhoVkAP-2K6fdUYTeOuXLOr 9298OLRZUviuBo4JvxwFUVavKahHBpJInFf3- 8h1o68XIZOHgWeU9iScaPF7CXYIG4uxElNLkwDlutOY3CvxuNIXpW VVli5EN91z GdrlGlpp3uyfnHl0m251du9tpzrcNVStnVp UbAieBPRaDZxlzh txrepppYXKg16-iDWEaJU9fUQEeQkR6Oy6llGg3FpE8sl 0- kDhLcU/https%3A%2F%2Fkitchener.sharefile.com%2Fhome%2Fshared%2Ffodcf5fl-81b0-49b9-9d81-d480db18c736 STAFF/AGENCIES INVITED TO ATTEND: Andrew Pinnell, Viane Resh, Dwayne Hordyk, Jessica Vieira, Barbara Steiner, Engineering (delegate), Transportation (delegate), Mike Balch, Sandro Bassanese, Regional Planning (delegate), GRCA (delegate) Garett Stevenson (optional), Tina Malone -Wright (optional), Utilities (optional), Park Planning (optional) Questions and comments should be directed to file planner, @Andrew Pinnell. Kind Regards, Sandra Djuric, BA Program Assistant, Site Development I Development & Housing Approvals Division — Development Services Department City of Kitchener 1519.741.2200 x7316 I TTY 1-866-969-9994 1 sandra.dluric@kitchener.ca STATEMENT OF CONFIDENTIALITY The information contained in this email message and any attachments may be confidential and legally privileged and is intended for the use of the addressee(s) only. If you are not an intended recipient, please: (1) notify me immediately by replying to this message; (2) do not use, disseminate, distribute or reproduce any part of the message or any attachment; and (3) destroy all copies of this message and any attachments. Page 103 of 251 IMP video] Want to know more Gori kn, ,H taping tool about planning? walking tours and more! STATEMENT OF CONFIDENTIALITY The information contained in this email message and any attachments may be confidential and legally privileged and is intended for the use of the addressee(s) only. If you are not an intended recipient, please: (1) notify me immediately by replying to this message; (2) do not use, disseminate, distribute or reproduce any part of the message or any attachment; and (3) destroy all copies of this message and any attachments. Page 103 of 251 December 3, 2025 Page 6 NAT DOCS\90839833\V-1 Appendix "B" dentons.com Page 104 of 251 Pateman, Doug From: Proximity Sent: Friday, May 16, 2025 8:33 PM To: Andrew Pinnell Subject: 2025-05-16_CN Comments -Circulation of Full Site Plan SPF25/035/G - 131 & 135 GAGE AVE Attachments: Circulation Memo for 131 & 135 Gage Ave.pdf; 131 Gage - Standard Site Plan.pdf; 131 Gage - Site Plan Application - 2025-04-10 - Signed.pdf; 131 Gage - Cover Letter & Response to Pre -Consultation Comments.pdf Hello Andrew, Thankyou for circulating CN on the application noted in subject. It is noted that the subject site is adjacent to CN's Main Line. Development of sensitive uses in proximity to railway operations cultivates an environment in which land use incompatibility issues are exacerbated. CN's objective regarding developments in proximity to railway operations is to mitigate railway -oriented impacts such as noise, vibration, and safety hazards, to ensure that the quality of life of the future development's residents and users is not negatively affected. CN, in collaboration with Railway Association of Canada and the Federation of Canadian Municipalities, developed the Guidelines for New Development in Proximity to Railway Operations in order to promote proper planning around railway operations. The Guidelines can be found at https://www.proximityissues.ca. CN requests for the implementation of the following criteria as conditions of an eventual application approval: 1. All proposed buildings to be occupied by sensitive land uses shall be setback 30 metres from a Principal Mainline with an appropriate safety berm abutting the railway right of way; 2. The required safety berm shall be adjoining and parallel to a Principal Mainline right-of-way with returns at the ends, 2.5 meters above grade at the property line, with side slopes not steeper than 2.5 to 1; 3. A specific crash barrier study and design must be produced for reduced safety setbacks, to the satisfaction of the Municipality, in consultation with the appropriate railway operator; 4. A chain link fence of minimum 1.83 metre height shall be installed and maintained along the mutual property line shared with the railway right of way; 5. The Owner shall engage a consultant to undertake an analysis of noise. Subject to the review of the noise report, CN may consider other measures recommended by an approved Noise Consultant. 6. Ground -borne vibration transmission to be evaluated in a report through site testing to determine if dwellings within 75 meters of the railway rights-of-way will be impacted by vibration conditions in excess of 0.14 mm/sec RMS between 4 Hz and 200 Hz. The monitoring system should be capable of measuring frequencies between 4 Hz and 200 Hz, ±3 dB with an RMS averaging time constant of 1 second. If in excess, isolation measures will be required to ensure living areas do not exceed 0.14 mm/sec RMS on and above the first floor of the dwelling. 7. The following clause should be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale or Lease of each dwelling unit within 300m of the railway right-of-way: Page 105 of 251 "Warning: Canadian National Railway Company or its assigns or successors in interest has or have a rights-of-way within 300 meters from the land the subject hereof. There may be alterations to or expansions of the railway facilities on such rights-of-way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid rights-of-way." 9. The storm water management facility must be designed to control storm water runoff to pre -development conditions including the duration and volume of the flow and accordingly have no impacts on CN right of way, including ditches, culverts and tracks. Any proposed alterations to the existing drainage pattern affecting railway property must receive prior concurrence from CNR and be substantiated by a drainage report to the satisfaction of the Railway. 10. All proposed vehicular property access points shall be located at a minimum 30 metre setback from at - grade railway crossings 11. Areas designed for private amenity spaces such as playgrounds, should not be constructed closer than 30 meters form the railway's right of way. 12. The Owner shall through restrictive covenants to be registered on title, and all agreements of purchase and sale or lease provide notice to the public that the safety berm, fencing and noise/vibration isolation measures implemented are not to be tampered with or altered and further that the Owner shall have sole responsibility for and shall maintain these measures to the satisfaction of CN. 13. The Owner shall enter into an Agreement with CN stipulating how CN's concerns will be resolved and will pay CN's reasonable costs in preparing and negotiating the agreement. 14. The Owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favor of CN. CN anticipates the opportunity to review a detailed site plan, a N&V study, a crash wall design and a storm water management report taking into consideration the FCM/RAC development guidelines. In order to ensure the safety of railway operations, CN's operations and infrastructure are not to be impaired or affected by any construction works or any otherworks. Additionally, any work performed on CN's property must be arranged through a work permit. Thankyou CN Proximity proximity@cn.ca From: Sandra Djuric Sent: Thursday, May 15, 2025 9:28 AM To: Jennifer Arends ; Fire Prevention (SM) ; Ellen Kayes ; Chris Spere ; Sarah Boss ; Dave Seller ; Canada Post - Brad Page 106 of 251 Biskaborn (brad.biskaborn@ca nada post. postescanada.ca) ; Katherine Hughes ; David Paetz ; Mike Balch ; Viane Resh ; Park Planning (SM) ; Planning Applications ; polairportconstruction@regionofwaterloo.ca; Enova Power Corp. - Greig Cameron ; Enova Power Corp. - Shaun Wang ; Landuse Planning ; Bell Circulations ; John Mcintosh - Rogers Circulation ; Adrien Alexson (Adrien.alexson@netflash.ca) ; Dave Wintrip (Dave.Wintrip@netflash.ca) ; Proximity; Operations Technologist (SM) ; WRDSB - Planning; WCDSB - Planning; Garett Stevenson ; Tina Malone -Wright; Natalie Goss; Sandro Bassanese ; Justin Readman ; Scott Van Schyndel ; Berry Vrbanovic ; Debbie Chapman ; _DL_#_COR_Mayors- Office-Everyone Cc: Andrew Pinnell Subject: Circulation of Full Site Plan SPF25/035/G - 131 & 135 GAGE AVE CAUTION: This email originated from outside CN: DO NOT click links or open attachments unless you recognize the sender AND KNOW the content is safe. AVERTISSEMENT : ce courriel arovient d'une source externe au CN : NE CLIQUEZ SUR AUCUN lien ou piece iointe a moins de reconnaitre 1'exoediteur et d A three-storey 36 -units stacked townhouses multiple dwelling. CITY STAFF AMANDA: SPF25/035/G or 25 112320 EXTERNAL AGENCIES ShareFile: https://kitchener.sharefile.com/home/shared/foe28610-elad-4655-b459-190bf7834244 Questions and comment should be directed to file planner @Andrew Pinnell. Kind Regards, Sandra Djuric, H.BA Program Assistant, Site Development I Development & Housing Approvals Division — Development Services Department I City of Kitchener 1519.783.8908 1 TTY 1-866-969-9994 1 sand ra.dluric@kitchener.ca Kitchener. ca/GreatPlaces — Open until April 30th STATEMENT OF CONFIDENTIALITY The information contained in this email message and any attachments may be confidential and legally privileged and is intended for the use of the addressee(s) only. If you are not an intended recipient, please: (1) notify me immediately by replying to this message; (2) do not use, disseminate, distribute or reproduce any part of the message or any attachment; and (3) destroy all copies of this message and any attachments. Page 107 of 251 December 3, 2025 Page 7 NAT DOCS\90839833\V-1 Appendix "C" dentons.com Page 108 of 251 Doug Pateman Associate doug.pateman@dentons.com D +1 416 862 3411 November 12, 2025 Sent Via Email:andrew.pinnell@kitchener.ca Andrew Pinnell Senior Planner City of Kitchener City Hall, 6th Floor 200 King Street West Kitchener, ON N2G 4G7 Dear Mr. Pinnell: Re: Conditional Approval of Site Plan Application - SPF25/0351G 131 & 135 Gage Ave (the "Subject Lands") 1000794348 Ontario Inc (the "Developer") CN Comments on Development Status Dentons Canada LLP 77 King Street West, Suite 400 Toronto -Dominion Centre Toronto, ON, Canada M5K OA1 dentons.com IMra04@ PArLZ1.'0iWc1 6� We are counsel for Canadian National Railway Company ("CN") with respect to the above noted matter. The Developer's proposed development shares a property boundary with a CN mainline and, as a result, CN has an interest in this project. CN provided comments to the City of Kitchener via email on May 10, 2024 and May 16, 2025, attached as Appendices "A" and "B", respectively. After receiving this request, the City of Kitchener provided the Developer with a conditional approval of its site plan application on October 23, 2025. CN kindly requests that Kitchener City Staff: 1. Not proceed to support an application for minor variance filed by the Developer prior to the registration of the CN Development Agreement and Environmental Easement on the Subject Lands; 2. Provide notice to our office when the Developer files for a minor variance; and 3. Amend the conditional site plan approval to include a condition for the Developer to enter into and register on title a CN Development Agreement and Environmental Easement. CN's Role and Concerns CN owns and operates significant rail infrastructure in the City of Kitchener including a corridor that runs directly north of the Subject Lands. CN's operations are integral to both Kitchener's and Canada's economy. The City of Kitchener's Official Plan also acknowledges the need for land use compatibility with CN's Puyat Jacinto & Santos ► Link Legal ► Zaanouni Law Firm & Associates ► LuatViet ► For more information on the firms that have come together to form Dentons, go to dentons.com/legacyfirms Page 109 of 251 dentons.com November 12, 2025 Page 2 infrastructure. Policy 6.C.3.18 states that all proposed development adjacent to railways must ensure appropriate safety measures to the satisfaction of the City in consultation with the railways, including CN. Key aspects of compatibility between railways and sensitive uses include provisions for a crash wall along parking spaces, review of stormwater management reports, and a requirement that the Developer enter into an agreement under the Industrial and Mining Lands Compensation Act (the "Development Agreement") and grant CN an Environmental Easement in respect of the Subject Lands. In reviewing the conditional site plan approval, we note that issues of ongoing land use compatibility, as envisioned by the City of Kitchener's Official Plan, remain unaddressed. The conditional site plan approval includes CN Warning Clauses, which is helpful to warn residents of certain things. However, the conditional site plan approval does not address long-term compatibility and maintenance of mitigation through the use of a CN Development Agreement and Environmental Easement. In CN's view, absent a registered Development Agreement and Environmental Easement, compatibility between the proposed residential uses and CN's operations is uncertain and therefore inconsistent with the Provincial Planning Statement. For this reason, the conditions of site plan approval should be updated to include the requirement for a CN Development Agreement and Environmental Easement. CN and the Developer have been working together to determine the adequate mitigation required to develop sensitive uses on the Subject Lands. Once the Developer and CN finalize the required noise and vibration mitigation on the Subject Lands to facilitate its development, a Development Agreement can be circulated and resolved between the parties. We understand the Developer may be seeking minor variances to support development on the Subject Lands, as described in the conditional site plan approval. We respectfully request that the City of Kitchener refrain from supporting any minor variances until CN has confirmed that compatibility issues have been resolved with the Subject Lands, including through the use of the CN Development Agreement and Environmental Easement. Further, for the reasons noted above, we request that the City of Kitchener amend the conditional site plan approval to include entering into a CN Development Agreement and Environmental Easement as a condition of the Developer's site plan approval. Please provide us with notice of all public meetings, hearings, and Staff reports associated with the Subject Lands. Page 110 of 251 November 12, 2025 Page 3 If you have any questions or wish to discuss this matter further, please contact us. Best Regards, Dentons Canada LLP 44--1 Doug Pateman Associate Attachments: Appendix "A" email dated May 10, 2024 Appendix "B" email dated May 16, 2025 Copy: Tim Fendy, counsel for the Developer Client Katarzyna Sliwa and Isaiah Banach, Counsel for CN dentons.com Page 111 of 251 From: Emmett Vanson To: Committee of Adiustment (SM) Cc: Peter Graham Subject: SNGREC Environmental Comments Re: Committee of Adjustment Application Review - December 9, 2025 Meeting Date: Monday, November 17, 2025 11:52:44 AM Attachments: Outlook-01a2z2t1. ona SNGREC Env Comments re Kitchener CoA Dec 9 meetino.pdf Hello, Attached are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) regardingthe Dec 9th Committee of Adjustments meeting. Please note that due to lack of previous consultation, most comments relate to the site plan or design of the application rather than the minor variance itself. Please ensure that this is communicated to the proponents when comments are passed on. I did not have any comments for any minor variances that not referenced in the attached documents. Thank you for taking my comments. Please do not hesitate to reach out if you have any questions or concerns or connect me with proponents if they have questions or concerns. Nia: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 - Consultation and Accommodation Process Team lrlust@sixnations.ca VIATr 9 "- � Confidentiality Notice: This email, including any attachments, is for the sole purpose oft he 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. From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Sent: Friday, November 14, 2025 4:13 PM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Subject: [External] ACTION REQUIRED - Committee of Adjustment Application Review - December 9, 2025 Meeting Hello, Please be advised the applications for the City of Kitchener Committee of Adjustment meeting scheduled for Tuesday, December 9, 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. Page 112 of 251 Please note: If you have comments, your written report must be sent to CofAaakitchener.ca no later than 12 noon on Monday, November 24, 2025. 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 cofaPkitchener.ca Page 113 of 251 OF ..�W THE Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Team 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Nov 17, 2025 To: City of Kitchener Committee of Adjustment Via: Email Greetings, Included are my environmental comments on behalf of Six Nations of the Grand River Elected Council (SNGREC) regarding the Dec 9a' Committee of Adjustments meeting. Please note that due to lack of previous consultation, most comments relate to the site plan or design of the application rather than the minor variance itself. Please ensure that this is communicated to the proponents when comments are passed on. 1720 Glasgow St Site Plan Related Comments: 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, directing light downwards, and more. 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: hlWs:llwww.toronto.calwp-contentluploadsl2017/08l8dl c-Bird-Friendly-Best-Practices-Glass.pdf https:llwww.toronto. calwp-contentluploadsl2018/03l8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. SNGREC requests the replacement of Mugho Pine and Hicks Yew from the Plant List with native species. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase's capacity allows. Page 1 of 6 Page 114 of 251 OF ..�W THE Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Team 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 107 Yount St W Site Plan Related Comments: 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, directing light downwards, and more. 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: haps://www.toronto.cLlwp-content/uploads/2017/08l8dl c-Bird-Friendly-Best-Practices-Glass.pdf haps://www.toronto.cLwp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting pdf Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. 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. 131 Gaee Avenue Site Plan Related Comments: 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, directing light downwards, and more. 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: haps://www.toronto.ca/wp-content/uploads/2017/08/8dl c-Bird-Friendly-Best-Practices-Glass.pdf http s: //www.toronto. cLwp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting_pdf Page 2 of 6 Page 115 of 251 OF ..�W THE Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Team 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. 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. 532 & 546 Courtland Ave E Site Plan Related Comments: 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, directing light downwards, and more. 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:llwww.toronto.calwp-contentluploadsl2017/08l8dl c-Bird-Friendly-Best-Practices-Glass.pdf https:llwww.toronto. calwp-contentluploadsl2018/03l8ff6-city-planning-bird-effective-lighting. pdf Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. 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. Page 3 of 6 Page 116 of 251 OF ..�W THE Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Team 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 630 Benninger Drive Treaty Rights Accommodation and 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 negatively 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 discounts for Six Nations people. Please contact lrlust e,sixnations.ca to schedule a meeting to collaborate on determining compensation. SNGREC requires commitment to compensation before Detail Design. Minor Variance -Specific Comment: Parking SNGREC encourages minimizing parking and does not support the increased parking minimums. New developments should have a transit -oriented future in mind and should avoid promoting car -centric living. Instead, developers should be considering mixed-use developments and working with the City to implement transit options. Site Plan Related Comments: Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. 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 strongly encourages the creation of pollinator gardens using native plant species in landscaped areas not intended for human movement. Pollinator gardens can offer food, breeding space, and sanctuary for pollinators that are harmed by human expansion as they lose functional habitat, and their remaining habitat becomes more fragmented. Community gardens could also be implemented alongside pollinator gardens for an Page 4 of 6 Page 117 of 251 OF ..�W THE Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Team 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 added community benefit. These will also increase the visual attractiveness of the area. Bird and Light Friendly Design SNGREC requests that the buildings and streetscapes are 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: haps://www.toronto.cLlwp-content/uploads/2017/08l8dl c-Bird-Friendly-Best-Practices-Glass.pdf haps://www.toronto.cLwp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting pdf 2922 Kine St E Parking Minimums SNGREC supports the reduced parking minimums. Site Plan Related Comments: 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, directing light downwards, and more. 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: haps://www.toronto.ca/wp-content/uploads/2O 17/O8/8dl c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto. ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Non-native species are less ecologically beneficial, and some non-native species can become invasive even after decades of seeming fine. 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. Page 5 of 6 Page 118 of 251 OF ..�W THE Six Nations of the Grand River Elected Council — Lands and Resources — Land Use Team 1721 Chiefswood Road, Ohsweken ON NOA 1M0 Tel: 519-445-0330 Fax: 519-753-3449 Thank you for taking my comments. Please do not hesitate to reach out if you have any questions or concerns or connect me with proponents if they have questions or concerns. Nia:wen (Thank you) and kind regards Emmett Vanson, Land Use and Stewardship Technician Six Nations of the Grand River Elected Council — Lands and Resources — Consultation and Accommodation Process Team Page 6 of 6 Page 119 of 251