HomeMy WebLinkAboutDSD-2023-497 - A 2023-125 - 787-851 King E, 432 Charles E, 5 Stirling SStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 21, 2023
SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Katie Anderl, Project Manager - Planning, 519-741-2200 ext.
7987
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: November 8, 2023
REPORT NO.: DSD -2023-497
SUBJECT: Minor Variance Application A2023-125 — 787-851 King Street
East, 432 Charles Street East, 5 Stirling Avenue South
Zoning By-law 85-1
That Minor Variance Application A2023-125 for 787-851 King Street East, 432
Charles Street East, and 5 Stirling Avenue South requesting relief from the following
sections of Zoning By-law 85-1:
i) Section 6.1.2 a) to permit a residential parking rate of 0.64 parking spaces per
dwelling unit, instead of the minimum required 1.0 parking space per dwelling
unit, for units greater than 51 square metres in area, and 0.165 parking spaces
per dwelling unit for dwelling units less than 51 square metres in area;
ii) Section 6.1.2 a) to permit a retail parking rate of 1 parking space per 35 square
metres of gross floor area instead of the minimum required 1 parking space per
20 square metres of gross floor area;
iii) Section 6.1.2 b) vi) to permit visitor parking to be provided at a rate of 8% of
required parking instead of the minimum 20% of required parking for multiple
dwellings, containing 6 dwelling units or more within the area bounded by the
Conestoga Parkway, Homer Watson Boulevard/Shoemaker Greenway/Belmont
Avenue and the northerly boundary of the City of Kitchener;
iv) Section 6.1.1.2 d) to permit up to 10% of angle parking spaces to have a
minimum width of 2.4 metres and a minimum length of 4.8 metres, and where
reduced, shall be clearly identified, demarcated, and reserved for compact
motor vehicles, instead of the minimum width of 2.6 metres and a minimum
length of 5.5 metres;
v) Section 55.2.1 to permit a horizontal distance of 13 metres from the east
building corner on the Charles Street fagade with no display windows or
entrances, instead of 4 metres;
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vi) Section 5.3 to permit obstructions within the Driveway Visibility Triangle (DVT),
where no obstructions are permitted;
vii) Special Regulation Provision 535R (b) to permit a building having a height
greater than 0.9 metres within the area defined by Property Detail Schedule 31,
whereas no building having a height greater than 0.9 metres is permitted; and
viii)Section 5.18 i) to locate a Day Care Facility on lands affected by Special
Regulation Provision 1R (regulatory floodplain) where the day care facility is
located on the second floor, whereas a Day Care Facility is not a permitted use;
to facilitate the development of a mixed-use building in accordance with Site Plan
Application SP23/012/K/KA, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a minor variance application to facilitate the
construction of a mixed-use building.
• 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 notice signs being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located at 787-851 King Street East, 432 Charles Street East and
5 Stirling Avenue South as shown on Figure 1: Location Map. The owner has proposed a
mixed use development containing 932 residential units in two towers having heights of 33
and 37 storeys near Charles Street East, two buildings containing stacked townhouses
fronting King Street East, and three commercial/non-residential units in the Charles Street
East podium, having a combined total 1836 square metres of GFA. The proposed site plan
has received conditional site plan approval, subject to approval of the requested minor
variances.
The subject property is identified as `Major Transit Station Area" on Map 2 — Urban
Structure in the City's 2014 Official Plan and is designated `Mixed Use Corridor' on Map 10
— King Street East Neighbourhood Plan for Land Use in the City's 1994 Official Plan.
The property is zoned `High Intensity Mixed Use Corridor Zone (MU -3) in Zoning By-law
85-1. Special Regulation Provisions 1 R, 534R, 535R, 545R apply to certain portions of the
lands.
The proposed development has been considered by the Site Plan Review Committee and
Conditional Red Line Site Plan Approval was granted in June 2023 and full Conditional
Approval in November 2023, subject to conditions including approval of the requested
variances. The proposed minor variances seek to permit a reduced parking rate for
residential, retail and visitors, to permit compact car parking spaces, to permit obstructions
in DVT's, to permit a building within the area defined by Property Detail Schedule 31, to
permit a day care to be located on the second floor of lands impacted by the regulatory
Page 49 of 221
flood plain and to permit an area 13 metres from the east corner of the Charles Street
facade to have no display windows or entrances.
Figure 1: Location Map
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Figure 3: Preliminary Rendering of Charles St E Elevation
Figure 4: Preliminary Rendering of King St E Elevation
Page 51 of 221
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 subject lands are designated `Mixed Use Corridor' in the King Street East
Neighbourhood Secondary Plan for Land Use under the 1994 Official Plan (OP). Mixed
Use Corridors are intended to support a mix of uses and to intensify overtime.
Development should be compatible with and of an appropriate height and density in
relation to nearby low rise residential neighbourhoods. A maximum Floor Space Ratio of
5.0 is permitted, when a grocery store is included and the proposal complies with the
policies and by-law in this regard. The subject lands are also located in a Major Transit
Station Area (MTSA) in the 2014 OP. MTSA's provide a focus for accommodating growth
through development to support existing and planned transit and rapid transit service
levels. Developments within MTSA's provide connectivity of various modes of
transportation to the transit system and have streetscapes and a built form that is
pedestrian -friendly and transit oriented. The requested variances support a high-density
mixed use development that will provide for housing and growth in an MTSA.
Variances 1 to 5:
Variances 1 to 5 all relate to the provision of parking and parking garage design. The
applicant is requesting a reduction to parking, a variance to include compact parking
spaces, and a variance for a 13 metre section of the garage fagade without windows or
entrances at the east corner of the Charles St frontage. OP Policy 4.C.1.8 requires that
when minor variances are requested to facilitate residential intensification or
redevelopment, the variances will be reviewed to ensure that the lands can function
appropriately and not create unacceptable adverse impacts by providing an appropriate
number of parking spaces and appropriate landscape/amenity areas.
The general intent of OP policies is to permit development that will support intensification
at a density and with a mix of uses that are transit supportive and provide housing, while
also providing for an appropriate transition to nearby stable neighbourhoods, and to
provide parking at a rate which is appropriate. Staff is of the opinion that the proposed
variances, support a development that maintains the general intent of Official Plan
policies. The buildings are well separated from low-rise residential uses and have been
designed to transition and step down towards the neighbourhood north of King Street
East. Parking is located below grade and as discussed in detail in the Zoning By-law
discussion the proposed parking rates represent a modest reduction. Staff is of the opinion
that given the close proximity of transit (including ION and bus transit), the proposed
parking rates are appropriate, that it is an efficient use of space to permit parking for
compact vehicles, and that appropriate mitigation can be provided to screen the section of
blank wall along Charles Street East. Staff is of the opinion that the intent of the Official
Plan is maintained.
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Variances 6 and 7:
Variances 6 and 7 relate to obstructions to visibility for motorists. The intent of Official Plan
policies for mixed use areas is to allow buildings to be located close to the street line in
order to activate the public realm, slow traffic and create a defined street edge. As is
further discussed in the sections that follow, the requested obstruction in the DVT's and
variance to permit a building within the sightlines as provided in the property detail
schedule are no longer relevant to the site with the shift to a high-intensity mixed use area,
and redevelopment of the roadway. New Zoning By-law 2019-051 does not require DVT's
in areas with a Mixed Use zoning, and the sightlines have been evaluated and revised
through a site specific study based on the current development proposal and roadway
configuration. Staff is of the opinion that safety is not compromised as a result of the
variances, and therefore the general intent of the Official Plan is maintained.
Variance 8:
The intent of Public Health and Safety Policies contained in section 6 of the Official Plan is
to prevent injury and to control development of hazardous lands. These policies translate
into zoning by-law regulations which limit sensitive uses (day care) where there is a
flooding hazard. The subject lands are impacted by the floodplain of Schneider Creek,
Special Regulation 1 R is applied to the entirety of all parcels of land (in Zoning By-law 85-
1) which are impacted by a flooding hazard, notwithstanding the extent of the flooding
hazard on the site. General Regulation 5.18 further restricts permitted uses within the
floodplain, and variances are being sought to this regulation. Official Plan Policy 6.C.2.5
permits development within the flood fringe, however policy 6.C.2.6 prohibits certain
sensitive uses (including a day care) where there is a threat to safe evacuation during a
flooding emergency. The Regional floodline only affects the very most south-easterly part
of the property and the GRCA will require certain floodproofing measures though the site
and building design. Further, the proposed day care use is located on the King Street East
elevation, which is the second storey above Charles Street East. The second storey is
accessed via a separate driveway from King Street East, which is approximately 5 metres
above the flooding hazard, and safe access for evacuation is available at this elevation.
The Grand River Conservation Authority is satisfied that the sensitive use will not be
impacted by the flooding hazard and is supportive of the proposed minor variance to
Regulation 5.18. Staff is of the opinion that subject to the daycare being located on the
King Street East elevation, the intent of the Official Plan is maintained.
General Intent of the Zoning By-law:
The intent of parking regulations is to provide an appropriate amount of parking for
proposed uses. The Conditionally Approved Site Plan provides for a total of 651 parking
spaces: 610 parking spaces for residential parking (including 51 visitor parking spaces),
and 41 parking spaces provided for commercial/retail use.
Variance 1 proposes a residential parking rate of 0.64 parking spaces per dwelling unit,
rather than 1.0 parking space per dwelling unit for dwelling units greater than 51 square
metres in size and 0.165 parking spaces per dwelling unit for dwelling units less than 51
square metres in size.
The City of Kitchener Zoning By-law 85-1 permits a parking rate of 0.165 parking
spaces/dwelling unit for small residential units with an area less than 51 square metres.
This rate may be applied to a maximum of 40% of the proposed units within the
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development. A rate of 1 parking space per dwelling unit would be applied to the
remaining units. The development proposes a total of 372 dwelling units with an area less
than 51 square metres (62 parking spaces) and 560 dwelling units greater than 51 square
metres in area (560 parking spaces) — this represents a ratio 0.667 parking
spaces/dwelling unit (622 ps / 932 u). The proposed parking rate of 0.64 represents a very
small reduction to the overall amount of parking, however, provides flexibility should the
size of units change, or if there is a small change to the overall number of units as the
project proceeds through detailed design (staff note that such changes would require a
minor change to the approved site plan as well.)
Variance 2 proposes a retail parking rate of 1 parking space per 35 square metres of gross
floor area rather than 1 parking space per 20 square metres of gross floor area. Staff note
that in Zoning By-law 85-1 the parking rates for non-residential uses are permitted to be
reduced by 30% for uses within a MU -3 zone. This would continue to apply to the
proposed rate of 1 parking space per 35 square metres of gross floor area.
Variance 3 proposes that 8% of required residential spaces to be reserved for visitors
rather than 20%.
With respect to Variances 2 and 3, Zoning By-law 2019-051 contemplates parking
reductions for mixed use buildings containing commercial units together with dwelling units
(and having both a visitor and commercial parking requirement). In such circumstances
visitor parking is not required, and parking spaces may be shared between uses. By-law
2019-051 requires 1 parking space per 40 square metres of commercial space (1835/40 =
46) and no visitor parking. The applicant is proposing a commercial ratio which will provide
for 38 parking spaces for commercial uses, and 48 visitor parking spaces (86 visitor
parking and commercial parking spaces combined). This is substantially more than would
be required if Zoning By-law 2019-051 was applied.
A Traffic Impact Study (TIS) was completed by TYLin in support of the Site Plan
application and revised August 2023 and has been reviewed by Transportation Services
staff. The study concluded that the proposed parking is sufficient and that Transportation
Demand Measures (TDM) measures include indoor bicycle parking, car share, unbundled
parking, TDM promotion, provision of educational materials about transit options and
provision of pre -loaded GRT passes. The reduction in parking is supported by the
availability of existing transit, with a Rapid Transit Stop (Borden Station) located within 100
metres of the subject lands, the provision of bicycle parking with a total of 464 secure
Class `A' and 38 Class `B' spaces provided, proximity to both on -street and off-street
cycling options, and a future micro -mobility (currently Neuron e-bikes/e-scooters) station
identified on King Street East. Staff is of the opinion that the proposed change in the
approach to the parking calculation and reductions are supportable, and maintain the
general intent of the current by-law and future by-law.
Transportation Services staff have reviewed the Traffic Impact Study and Parking
Justification and as noted in their comments they have no concerns with the proposed
variances.
Staff further note that the subject site is contemplated to be brought into Zoning By-law
2019-051 in the coming months through the Growing Together Project. The Growing
Together Project contemplates introducing a new zoning category in MTSA's: Strategic
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Growth Areas (SGA). The subject lands are proposed to be rezoned to SGA -4 zone which
would include no minimum parking requirement due to the proximity to transit, cycling, and
other modes of transportation being readily available.
Based on the foregoing, staff is of the opinion that the proposed parking reduction meets
the intent of the by-law, which is to provide an appropriate amount of parking for the
proposed uses.
Variance 4 proposes to permit up to 10% of parking stalls to have a minimum width of 2.4
metres and a minimum length of 4.8 metres.
The intent of zoning by-law regulations which require a minimum parking stall size is to
ensure that the largest personal vehicle can be accommodated in any parking space.
Contemporary zoning by-law regulations often allow a certain percentage of parking stalls
to have reduced dimensions which will only accommodate compact vehicles. Such
regulations are included in the new Zoning By-law 2019-051, where up to 10% of spaces
may be 2.4 metres wide and 4.8 metres long. Such spaces make efficient use of space in
parking garages and other settings where space is limited, while also supporting drivers
who choose to drive smaller vehicles. Planning and Transportation Services staff is of the
opinion that it is appropriate to permit a proportion of spaces to be compact, provided such
spaces are signed to advise drivers that they are for compact vehicles only. This is a
requirement in Zoning By-law 2019-051. Based on the foregoing staff is of the opinion that
the general intent of the by-law in maintained.
Variance 5 proposed to permit a horizontal distance of 13 metres from the east building
corner on the Charles St fagade with no entrances or display windows. Regulations of the
`MU -3' Zone typically require display windows or entrances every 4 metres along a fagade.
The intent of this regulation is to promote active uses along the street to improve the
pedestrian experience and enhance the streetscape. The subject lands have more than
150 metres frontage along Charles Street East and the majority of the building's fagade
contains glazing/windows and entrances. The subject area is proposed to be recessed
from the street and through the detailed site design, the applicant will include an
architectural fagade treatment to improve the elevation. Staff is of the opinion that the
intent of the by-law is maintained.
Variance 6 proposes to permit obstructions within the driveway visibility triangles. The
purpose of a driveway visibility triangle is to preserve visibility of oncoming traffic and
pedestrians for drivers exiting driveways. Zoning By-law 85-1 requires a 4.57 x 4.57 metre
DVT at all driveways in all zones except certain downtown zones. Staff note that new
Zoning By-law 2019-051 recognizes the planned intensity and desire to locate buildings
near the street in Mixed Use Zones is similar to that of a downtown and does not require
that driveway visibility triangles are provided in mixed use areas in order to facilitate
positive streetscape design — this is not included in Zoning By-law 85-1. Transportation
staff have reviewed the site design and have no concerns with the proposed variance.
Further, staff note that a road widening is required along Charles Street East and the
sidewalk is setback beyond the future road widening, increasing the separation between
the parking garage access and the sidewalk and edge of pavement preserving the view of
pedestrian, cyclist and vehicular traffic. Staff is of the opinion that the intent of the by-law is
maintained.
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Variance 7 proposes to permit a building within the area defined by Property Detail
Schedule 31.The purpose of this regulation is to preserve the sightlines of vehicles on
Charles Street East and were developed as a result of a development proposal in 2007
that did not proceed. Since the time of the previous application Charles Street East has
undergone significant changes with the introduction of the centre running ION, reducing in
the number of travel lanes from 4 lanes (2 eastbound and 2 westbound) pre -ION, to 1 one-
way lane of west bound traffic adjacent to the site today. The previous regulations
protected for a 175 metre visibility distance in both directions based on the roadway
design and speeds at that time. The applicant has worked with Regional staff to update
the requirements for the sightlines required to achieve safe access based on the new
roadway design and design speeds. The visibility distance has been reduced to 110
metres, and only extends to the east, in the direction traffic approaches. Therefore, the
angle of the sightline (and where it intersects with the road) has changed and this is shown
on the site plan. Buildings are setback to protect the updated sightlines and as indicated
on the site plan, and there are no obstructions to visibility permitted between the 110
metre sightline and Charles Street East. The Region is satisfied with this solution, and staff
is of the opinion that the intent of the by-law is maintained.
Variance 8 proposes to permit a daycare facility on lands affected by the regulatory
floodplain where the daycare is located on the second floor. Zoning By-law regulation 5.18
does not permit a day care facility located on lands identified with Special Regulation 1 R
which indicates the lands are regulated by the Grand River Conservation Authority.
Regulation 1 R is applied to the entirety of the lands despite the fact the Regulatory flood
line only encroaches a small distance past the southern lot line. As outlined in the
discussion related to the OP policy, the intent of regulation 5.18 is to ensure that there is a
safe and dry evacuation route for the sensitive use in the case of a flooding emergency.
The subject site is affected by a substantial grade change between King Street East
(approximately elevation of 325 mast) and Charles Street East (approximate elevation of
320 masl). The proposed day care use is proposed to be located at the King Street East
elevation, which is the second storey above Charles Street East and safe evacuation can
be provided to King Street East in a flooding emergency. The GRCA has indicated that
they are supportive of the proposed variance, and based on the foregoing, staff is of the
opinion that the intent of the by-law is maintained.
Are the Effects of the Variances Minor?
Staff is of the opinion that the effects of the variances are minor. The proposed parking
rate continues to provide for an appropriate amount of resident, visitor and commercial
parking given the excellent access to other modes of transportation including ION, bus
transit, cycling networks and micro -mobility network and is consistent with future by-law
direction. Inclusion of compact parking stalls provides for efficient use of space within the
parking structure and supports drivers with smaller vehicles. The proposed increase to
permit 13 metres with no openings is mitigated by the proposed fagade treatment.
Transportation Services staff are of the opinion that the obstruction in the DVT will not be a
safety concern and is consistent with the future by-law direction. Regional staff are
supportive of the updated sightlines protecting visibility of oncoming traffic on the Regional
Road. The location of the day care use on the King Street elevation provides for safe
evacuation during a flooding emergency and is supported by the GRCA.
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Are the Variances Desirable for The Appropriate Development or Use of the Land, Building
and/or Structure?
The proposed variances will permit a high-rise, high-density mixed use development with
932 residential units. The development is located in an MTSA and in close proximity to
ION rapid transit and several bus routes. The site is conveniently located to the cycling
and micro -mobility network, and in a pedestrian friendly area. The proposed development
provides for a development that is appropriate in a MTSA and will contribute the City's
Housing Pledge. Staff is of the opinion that the variances are desirable for the appropriate
development and use of the lands.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
The subject properties municipally addressed as 787-851 King Street East, 432 Charles
Street East, and 5 Stirling Avenue South do not hold any heritage status under the Ontario
Heritage Act. However, the subject property is located adjacent to a Part IV designated
property, First Mennonite Church Cemetery, which is municipally addressed as 800 King
Street East. It is also located adjacent to the Central Frederick Neighborhood Cultural
Heritage Landscape (CHL), First Mennonite Church Cemetery CHL, and the Iron Horse
Trail CHL as per the 2014 CHL Study, prepared by The Landplan Collaborative Ltd. and
approved by Council in 2015. There are no heritage concerns with the requested
variances for reduced parking requirements, encroachments into the Driveway Visibility
Triangle, or the variation to fagade opening requirements.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
No concerns. Engineering comments/conditions provided through Site Plan Application
SP23/035/S/KA.
Parks/Operations Division Comments:
No Concerns. Parks and Cemeteries requirements will be addressed through Site Plan
Application SP23/035/K/KA.
Transportation Planning Comments:
Transportation Services staff have worked with the applicant closely on this proposed
development and through the proposed site plan and the provided parking justification,
staff can support the following proposed minor variances:
Requesting relief from Section 6.1.2.a) of Zoning By-law 85-1 to permit an overall
residential parking rate of 0.64 spaces per unit inclusive of visitor parking, rather than
the required 1.0 space per unit for units greater than 51 square metres, and 0.165
spaces/unit for units less than 51 square metres;
Requesting relief from Section 6.1.2 b) vi) of Zoning By-law 85-1 to permit visitor
parking to be provided at a rate of 8% of required residential parking spaces, rather
than the required rate of 20% of the required parking spaces;
Requesting relief from Section 6.1.2.a) of Zoning By-law 85-1 to permit a commercial
parking rate of 1 space per 35 metres squared, rather than the required 1 space per 20
Page 57 of 221
metres squared. It is requested that the 30 % reduction for the MU -3 zone be
maintained;
Requesting relief from Section 5.3 of Zoning By-law 85-1 to permit encroachment into
the Driveway Visibility Triangle, whereas no encroachments are permitted. This
request reflects the provisions of the new Zoning By-law 2019-051 where a Driveway
Visibility Triangle is not required for Mixed Use Zones.
Requesting relief from Section 6.1.1.2 d) of Zoning By-law 85-1 to permit up to 10% of
angle parking spaces have a minimum width of 2.4 metres and a minimum length of
4.8 metres rather than a minimum width of 2.6 metres and a minimum length of 5.5
metres.
Region of Waterloo Comments:
Regional Comments (dated October 31, 2023) indicate that they have no concerns with
the proposed variances provided the areas between the 110 metre sightlines (touching the
building line of westerly Tower B) and the Charles Street roadside curb are hardscaped
only and labelled on the Detailed Plans at the Site Plan stage accordingly. Planning Staff
confirm that this notation is included on the Conditionally Approved Site Plan. The Region
further advises that a sensitive day care use will need to be evaluated through any future
noise study that may be required.
Grand River Conservation Authority:
The GRCA has no concerns with the application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
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 Policy Statement (PPS 2020)
• A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
• Regional Official Plan
• King Street East Secondary Plan (1994)
• Official Plan (2014)
• Zoning By-law 85-1
Page 58 of 221
Region of Waterloo
October 31, 2023
Alison Fox
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/
VAR KIT GEN
(1) 64,
CHARLES KING STIRLING DOV CAPITAL
CORPORATION
(5) 06 QUEEN,
588 600 QUEEN STREET SOUTH DANBLO
HOLDINGS INC
(7-10) VAR KIT,
55 FRANKLIN STREET SOUTH 55 FRANKLIN
GP INCORPORATED
(11,12) VAR KIT,
52 EDGEHILL DRIVE JAMES & BEVELEY
MELLISH
Subject: Committee of Adjustment Meeting November 21, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 125 — 787-851 King St E, 432 Charles St E & 5 Stirling Ave S —
The following comments are provided:
a) There are no concerns provided the areas between the 110m sightlines
(touching the building line of westerly Tower B) and the Charles Street
roadside curb are hardscaped only and labelled on the Detailed Plans at the
Site Plan stage accordingly, as confirmed by the City and the applicant's
consultant.
Document Number: 4510494
Page 1 of 3
Page 59 of 221
b) The minor variance of the addition of a daycare facility is proposed. The
applicants are advised that a daycare facility is a noise -sensitive land use and
must be considered in the detailed noise study to assess the noise mitigation
measures and would be implemented accordingly through a registered
agreement as may be applicable for the proposed development.
2) A 2023 - 126 — 117 Ingleside Drive — There are no conditions/concerns for the
proposed dwelling unit. However, the applicants are advised that the proposed
ADU would have impacts from environmental noise from traffic on Fischer -
Hallman Road (RR #58), and the owners are responsible for ensuring that the
proposed development does not have any impacts from the environmental noise
in the vicinity.
3) A 2023 - 127 — 52 Sabrina Crescent — No Concerns
4) A 2023 - 128 — 76 Dunham Avenue — No Concerns.
5) A 2023 - 129 — 600 Queen Street South — There are no concerns provided the
proposed columns and its foundations stay within the private property without
encroaching into the Queen Street South (RR 06) right-of-way.
6) A 2023 — 130 — 55 Roxborough Avenue — No Concerns.
7) A 2023 - 131 — 55 Franklin Street South — No Concerns.
8) A 2023 - 132 — 59 Franklin Street South — No Concerns.
9) A 2023 - 133 — 50 Elgin Avenue — No Concerns.
10)A 2023 - 134 — 54 Elgin Avenue — No Concerns.
11)A 2023 - 135 — 52 Edgehill Drive (retained) — No Concerns.
12)A 2023 - 136 — 52 Edgehill Drive (severed) — No Concerns.
2
Page 60 of 221
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.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA(a)Kitchener. ca
3
Page 61 of 221
October 30, 2023
Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
CofA(a)kitchener.ca
Re: Minor Variance Application A2023-125
787-851 King Street East, 432 Charles Street East & 5 Stirling Avenue South
Kitchener Stirling Developments / Kitchener Charles Developments
The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application for a mixed use development.
Recommendation
The GRCA has no concerns with the application. Details around floodproofing have
been requested as a condition of site plan approval.
Documents Reviewed by Staff
Staff have reviewed the architectural plans (Kirkor, revised October 5, 2023)
submitted with this application. We also reviewed a topographical survey (Van Harten,
revised April 3, 2023) and site grading plan (WalterFedy, revised March 24, 2023)
submitted with the related site plan application (SP23-035-S-KA).
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of
Waterloo.
Page 1 of 2
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 62 of 221
The south edge of 432 Charles Street East is affected by the Schneider Creek
floodplain. This is in the flood fringe of a Two -Zone Floodplain Policy Area, which
permits development subject to provincial, City and GRCA policy.
We understand part of the application is requesting relief from sightlines and daylight
visibility triangles, as well as permission for a daycare use within lands affected by
Special Regulation 1R.
Provincial, City and GRCA policy require residential buildings to be floodproofed, and
sensitive institutional uses such as a daycare to be located outside of natural hazards.
GRCA is satisfied that the applicant can meet these requirements in principle, but more
detail has been requested as a condition of site plan approval. We believe this is
sufficient to ensure the natural hazards policies applicable to the development are met.
We received fees for our review of the site plan, and no further fees are required. A
separate fee will be required for a GRCA permit.
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
theywood(a)grand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
Encl. Resource Mapping
September 15, 2023 GRCA Letter re: Site Plan Application SP23-035-S-KA
cc: Dave Aston, MHBC
Melissa Visser, MHBC
Page 2 of 2
Page 63 of 221
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September 15, 2023
Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca
Katie Anderl
Senior Planner
City of Kitchener
200 King Street West
Kitchener ON N2G 4V6
katie.anderl(a)kitchener.ca
Re: Site Plan Application SP23-035-S-KA
787-851 King Street East, 432 Charles Street East & 5 Stirling Avenue South
Kitchener Stirling Developments / Kitchener Charles Developments
Dear Ms. Anderl,
The Grand River Conservation Authority (GRCA) staff have reviewed the above -noted
application for a mixed use development.
Recommendation
The GRCA recommends conditional approval of the site plan. Additional details will be
required to demonstrate the building is floodproofed.
Documents Reviewed by Staff
Staff have reviewed the following documents submitted with this application:
• Topographical Survey (Van Harten, revised April 3, 2023)
• Architectural Plans (Kirkor, revised August 21, 2023)
• Functional Grading Plan (WalterFedy, revised September 13, 2023)
GRCA Comments
The GRCA has reviewed this application as per our Provincial delegated responsibility
to review natural hazards identified in Section 3.1 of the Provincial Policy Statement
(PPS, 2020), as a public body under the Planning Act, and in accordance with Ontario
Page 1 of 3
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 65 of 221
Regulation 150/06, GRCA's Board approved policies, and our MOU with the Region of
Waterloo.
The south edge of 432 Charles Street East is affected by the flood fringe of the
Schneider Creek floodplain. Site grading will alter the floodplain extent, but we consider
these alterations minor. All other floor space (including residential floor space) is
confirmed to be above the regulatory floodplain elevation (RFE).
There is one parking entrance to Tower A that is below the RFE, and will allow flood
waters from a regulatory storm to extend into the building envelope, partially up the
ramp to Floor P1. GRCA policy and practice typically requires residential parking
structures in a two -zone flood fringe or Special Policy Area to have their entrances
floodproofed at or outside of the building envelope.
Given the circumstances of the site grades, that there are two other dry accesses into
the parking garage, and that this is an upward gradient ramp, we will permit this design.
However, does not bind or imply that this is an accepted precedent and practice, or that
GRCA permission will be granted for any other similar designs elsewhere in the
watershed.
We will require additional details to verify that the building is floodproofed. As such, we
recommend site plan approval, subject to the following condition:
1. Prior to any grading or construction on the site, the owners or their agents
submit the following to the satisfaction of the Grand River Conservation
Authority:
a) A detailed lot grading plan;
b) A letter from a professional engineer licensed in Ontario, stating that:
i. Floodplain -affected parking entrance ramp and building(s) will be
floodproofed; and,
ii. The underground structure is designed for controlled seepage and
filling by flood waters;
c) Additional plans and/or letters demonstrating:
i. The flood -affected parking entrance ramp has no openings below
the regulatory floodplain elevation;
ii. Underground access by elevator during flood events is prevented;
iii. The underground structure contains facilities for pump out;
d) The submission and approval of a Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Permit from the GRCA prior
to grading or construction in a regulated area.
Page 2 of 3
Page 66 of 221
We trust this information is of assistance. If you have any questions or require
additional information, please contact me at 519-621-2763 ext. 2292 or
theywood(a)grand river. ca.
Sincerely,
Trevor Heywood
Resource Planner
Grand River Conservation Authority
cc: Dave Aston, MHBC
Page 3 of 3
Page 67 of 221