HomeMy WebLinkAboutDSD-2024-075 - 140 Highland Road East - B 2024-003
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 20, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 2, 2024
REPORT NO.: DSD-2024-075
SUBJECT: Consent Application B2024-003 140 Highland Road East
RECOMMENDATION:
That Consent Application B2024-003 for 140 Highland Road East requesting consent
to create a triangular-shaped easement having a length of 13 metres along Spadina
Road East, 7.6 metres along the shared property line between 140 Highland Road
East and 270 Spadina Road East, and having an area of 40.2 square metres for the
purposes of providing accessible walkway access in favour of and to 270 Spadina
Road East, BE APPROVED subject to the following conditions:
1.
associated fees for the Certificate of Official to the satisfaction of the
Secretary-Treasurer and City Solicitor, if required.
2. That the property owner shall obtain a tax certificate from the City of
Kitchener to verify that there are no outstanding taxes on the subject
3. That the property owner provides a digital file of the deposited reference
plan(s) prepared by an Ontario Land Surveyor in PDF and either .dwg
(AutoCad) or .dgn (Microstation) format, as well as two full size paper copies
of the plan(s). The digital file needs to be submitted according to the City of
Mapping Technologist.
4. That the Transfer Easement document(s) required to create the Easement(s)
being approved herein shall include the following, and shall be approved by the
Approvals:
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
a) a clear and specific description of the purpose of the Easement(s) and of the
rights and privileges being granted therein (including detailed terms and/or
conditions of any required maintenance, liability and/or cost sharing
provisions related thereto); and
b) a clause/statement/wording confirming that the Easement(s) being granted
shall be maintained and registered on title in perpetuity and shall not be
amended, released or otherwise dealt with without the express written
consent of the City.
5. er the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor, be provided to the City Solicitor.
REPORT HIGHLIGHTS:
The purpose of this report is to review an application for consent to create an
easement to facilitate an accessible access over lands addressed as 140 Highland
Road East in favour of 270 Spadina Road East.
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 pos
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located at the northeast corner of Highland Road East and
Spadina Road East. It is currently vacant but is proposed to be re-developed with a
multiple dwelling having a maximum height of 17 storeys.
The property (270 Spadina Road East) directly adjacent to the subject property contains
an existing 6-storey multiple dwelling with a recent building addition almost completed.
The applicant is proposing an access easement over 140 Highland Road East in favour of
270 Spadina Road East, as shown in Figure 2. This is to allow an accessible entrance
walkway into the 270 Spadina building entrance.
A triangular-shaped easement is proposed to provide flexibility in the event the entrance
walkway needs to be shifted. As can be seen from Figure 1, the grades are a challenge at
the entrance location to 270 Spadina Road East in order to provide an accessible access.
Figure 1 Photo of subject lands February 2, 2024.
Figure 2 Proposed Site Plan showing Area of Easement
The subject lands are located within a Neighbourhood Node in the 2014 Kitchener Official
Plan. Neighbourhood Nodes are identified as a Secondary Intensification Areas in the City
Urban Structure. Through 2023 Official Plan
Amendment and Zoning By-law Amendments Applications, the subject lands were
designated High Density Commercial Residential with a Special Policy through OPA 129
within Mill Courtland Woodside Park Secondary Plan to allow for a Floor Space Ratio of
5.17 and a building height of 17 storeys in the building form shown in Figure 2 above. The
corresponding zoning is Commercial Residential Three Zone (CR-3) with Special
Regulation Provision 791R and Holding Provision 103H in Zoning By-law 85-1.
Site Plan Application SP23/023/S/BB for 270 Spadina Road East to facilitate some minor
changes to the grading of the front/principal entrance of the building and the elimination of
some of proposed retaining walls is currently under review.
Site Plan Application SP24/007/H/BB for 130-140 Highland Road East, for the lands
subject to this Consent Application, is proposing a seventeen (17) storey rental apartment
building with 210 dwelling units and is currently under review.
REPORT:
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Compact Built Form
land use pattern that encourages the efficient use of land and walkable Neighbourhoods.
Walkable neighbourhoods can be characterized by destinations that are easily accessible
by transit and active transportation, sidewalks with minimal interruptions for vehicle
access, and a pedestrian-friendly environment along roads to encourage active
transportation.
The Regional Official Plan supports liveability of our urban areas with design and
infrastructure being used to help the region become a desirable, accessible and safe
community that places significant importance on providing choice and maintaining and
fostering a high quality of life. It is also socially desirable for urban transportation systems
and infrastructure to provide affordable, accessible and effective mobility to all members of
the community
Policies in the support the accessible walkways in Universal and
Building Design. Consent is the appropriate process to obtain such an easement over an
adjacent property.
Universal Design
11.C.1.16. The City will encourage new sites to be designed, existing sites to be
redeveloped, the public realm and community infrastructure to be planned to
be barrier-free and universal accessibility by all citizens. In this regard, the
City will enforce the Ontario Building Code and other accessibility related
legislation and regulations.
Building Design, Massing and Scale Design
11.C.1.31. The City will ensure new buildings are designed, existing buildings are
redeveloped, expanded, converted or renovated to enhance pedestrian and
cycling usability, respects and reinforce human scale, create streetscapes
that are accessible, safe and have a functional relationship to the street, and
contribute to rich and vibrant urban places.
Consents
17.E.20.4. Consents may be permitted for the creation of a new lot, boundary
adjustments, rights of-way, easements, long-term leases and to convey
additional lands to an abutting lot provided an undersized lot is not created.
Planning Conclusions/Comments:
With respect to the criteria for the subdivision of land listed in Section 51(24) of the
Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easement is
desirable, appropriate and in the public interest and it will facilitate the development of an
accessible walkway access to the building addressed as 270 Spadina Road East.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed consent.
Engineering Division Comments:
No concerns but the easement should be shown on approved site plan.
Parks/Operations Division Comments:
No concerns and no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed consent application.
Grand River Conservation Authority:
The GRCA has no objections to the application.
Region of Waterloo Comments:
No concerns and no requirements.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
Planning Division. 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 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
Official Plan (2014)
Mill Courtland Woodside Park Secondary Plan
Zoning By-law 85-1
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8 floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Erica Ali
File: D20-20/24 KIT
February 5, 2024
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Comments on Consent Applications - B 2024-003
Committee of Adjustment Hearing February 20th, 2024
City of Kitchener
Please accept the following as the Regional planning comments for the above-stated
consent application to be considered at the above-noted Committee of Adjustment
Hearing.
Document Number: 4565411
B 2024-003
140 Highland Rd E
MHBC (Pierre J Chauvin) / Spadina Holding Corporation (c/o Vive Development
Corporation)
The applicant is submitting a consent application to create an easement for the
purposes of access in favour of and to 270 Spadina Road East. The easement will allow
for the creation of an accessible walkway leading to the front door of 270 Spadina Rd E,
which partially overlaps the adjacent property, 140 Highland Rd E.
Triangular in shape, the easement will have alength of 13m along Spadina Road East,
a width of 7.6m along the shared property line between 140 Highland Road East and
270 Spadina Road East, and an area of 40.2 sq.m.
Regional Fee:
Regional Staff are in receipt of the required consent review fee.
Regional Staff has no objection to thisapplication
General Comments:
Any future development on the lands subject to the above-noted consent applications
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof.Prior to final approval, City staff must be in receipt of the above-
noted Regional condition clearances. Please accept this letter as our request for a copy
of the staff reports, decisions and minutes pertaining to each of the consent applications
noted above. Should you require Regional Staff to be in attendance at the meeting or
have any questions, please do not hesitate to contact the undersigned.
Thank you,
Erica Ali
Erica Ali
Planner, Community Planning
Version: 1
February 2, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMs.Blake,
Re:Committee of Adjustment Meeting February 20, 2024
Applications for Minor Variance
A 2024-012628 New Dundee Road
A 2024-01349 Madison Avenue North
A 2024-014132 Merner Avenue
A 2024-01550 Mountain Mint Crescent
A 2024-016962Guelph Street
Applicationfor Consent
B 2024-003140 Highland Road East
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