HomeMy WebLinkAboutDSD-2023-506 - A 2023-129 - 600 Queen Street SouthREPORT TO:Committeeof Adjustment
DATE OF MEETING:November 21, 2023
SUBMITTED BY:Tina Malone-Wright, Supervisor, Development Applications
519-741-2200ext. 7765
PREPARED BY:Raida Chowdhury,Student Planner, 519-741-2200ext. 7078
WARD(S) INVOLVED:Ward9
DATE OF REPORT:November 8, 2023
REPORT NO.:DSD-2023-506
SUBJECT:Minor Variance Application A2023-129–600 Queen St.S.
RECOMMENDATION:
That Minor Variance Application A2023-129for 600 Queen Street Southrequesting
relief from Section 5.3 of Zoning By-law 85-1, to permit three (3) structural pillars at
the main entrance and a small portion of the southeast corner of the building to
encroach into the Driveway Visibility Triangle (DVT), to facilitate the development of
the lands with a 12-storey Residential Care Facility with 181 dwelling units, in
accordance withConditional Approved Site Plan Application SP23/007/Q/KA, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report isto review a minor variance application to facilitate the
development of the lands with a 12-storey Residential Care Facility containing 181
dwelling units.
The key finding of this report isthat the minor variancesmeet the four tests of the
Planning Act.
There are nofinancial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City’s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property islocated along Queen Street South, adjacent to the Iron Horse Trail
and Canadian National Railway.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1 –Aerial Photo of the Subject Property
The subject property is identified as ‘Major Transit Station Area’ on Map 2 –Urban
Structure and is designated‘Mixed Use Corridor’ on Map 14 –Victoria Park
Neighbourhood Secondary Plan for Land Use.
The property is zoned ‘Medium Intensity Mixed Use Corridor Zone (MU-2)’ in Zoning By-
law 85-1.
The purpose of the applicationis to review a minor variance to facilitate the development
of the lands with a 12-storey Residential Care Facility containing 181 dwelling units. The
subject currently contains a vacant commercial building and has received Conditional
Approval ofSite Plan ApplicationSP23/007/Q/KA on August 15, 2023 (Figure 2). As a
condition for final Site Plan Approval, a Minor Variance Application is required for the
proposed obstructions intothe Driveway Visibility Triangle (DVT), as Section 5.3 of Zoning
By-law 85-1 prohibits any obstruction to the Driveway Visibility Triangle. The proposed
obstructions are three (3) structural pillars to be located at the main and service entrances,
as well as the Utility Access Route, as denoted in Figure 3.
The encroachment ofthe Driveway Visibility Triangle (DVT) will occur after the 3.9 metre
proposed road widening which is to be undertaken by the Region of Waterloo.
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Staff conducted a visit to the subject property on November 1, 2023.
Figure 2 –Site Plan
Figure 3 –Plan Denoting Driveway Visibility Triangle Impacts
Figure 4–Photo from Site Visit
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 intent of the ‘Mixed Use Corridor’ designation to allow for intensive, transit supportive
development along major corridors in the city. Permitted uses include a broad range of
commercial uses, full range of institutional uses, as well as multiple residential uses. As
the variancesareto facilitate the development of a Residential Care Facility containing
181 dwelling units, which falls under residential uses,Staff are of the opinion that the
minor variancesmeet the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the Driveway Visibility Triangle requirement is to ensure drivers
entering andexiting the property have a clear view of any potential obstacles.Planning
Staff is of the opinion that the variances meet the general intent of the Zoning By-law, as
Transportation Planning Staff and the Region of Waterloo have not identified the reduction
in visibility as a safety hazard.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the effectof the variancesareminor, as the reduction in
visibility in the DaylightVisibility Triangle will be minimal.Transportation Staff and the
Region of Waterloo have not expressed concern regarding the level of encroachment to
the Daylight Visibility Triangle.Further, the applicant has identified that the three (3)
structural pillars are fundamental to the building design, and prohibiting the pillars would
result in a significant redesign of the proposed structure.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
Staff are of the opinion that the variancesaredesirable for the appropriate development of
the land, as they will facilitate an aesthetically pleasing building. The proposed Residential
Care Facilitywill becompatible with the neighbourhood andwill provide a needed form of
housing andservices for future residents.
Environmental Planning Comments:
There are nonatural heritage issues. All Tree Management Policy implementation done
through Site Plan Approval.
Heritage Planning Comments:
600 Queen Street South was reviewed for the Kitchener Heritage Inventory in 2014 and
was determined to have no cultural heritage value or interest. There are no heritage
concerns.
BuildingDivisionComments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
Engineering Division has no concerns.
Parks/Operations Division Comments:
Parks/Operations Division has no concerns.
Transportation Planning Comments:
Transportation Services staff have worked with the applicant closely on this proposed
development. Through the site plan application review, staff and the applicant worked
together to achieve an acceptable solution to encroaching the Driveway Visibility
Triangles. Transportation Services can support the proposed application requesting
variancesto have structural and support columns encroach into the Driveway Visibility
Triangles.
Region of Waterloo Comments:
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.
Grand River Conservation Authority Comments:
The GRCA has no concerns.
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
Official Plan (2014)
Zoning By-law 85-1
Site Plan Application SP23/007/Q/KA
October 31, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 64,
Kitchener, ON N2G 4G7 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
consultant.
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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
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@Kitchener.ca
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November 1, 2023via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMariah Blake,
Re:Committee of Adjustment Meeting November 21, 2023
Applications for Minor Variance
A 2023-126117 Ingleside Drive
A 2023-12752 Sabrina Crescent
A 2023-12876 Dunham Avenue
A 2023-129600 Queen Street South
A2023-13055 Roxborough Avenue
A 2023-131-13455-59 Franklin Street South & 50-54 Eighth Avenue
A 2023-13552 Edgehill Drive
A 2023-13652 Edgehill Drive
Applicationsfor Consent
B 2023-041150 Marlborough Avenue
B 2023-04252 Edgehill Drive
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject
properties do not contain any natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario
Regulation 150/06 and,therefore,a permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority