HomeMy WebLinkAboutDSD-2024-165 - 137 Queen St S - B 2024-007
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 16, 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: April 3, 2024
REPORT NO.: DSD-2024-165
SUBJECT: Consent Application B2024-007 137 Queen Street South
RECOMMENDATION:
That Consent Application B2024-007 requesting consent to amend Consent
Application B2023-015 to replace and expand the approved easement to create two
(2) new easements, amended Easement #3 having a width of 3.2 metres, a length of
36.7 metres and an area of 126 square metres and new Easement #4 having a width
of 3.2 metres, a length of 20.8 metres and an area of 67.8 square metres, over 137
Queen Street South (being Retained Lands identified in Consent Application
B2023-013) in favour of
B2023-014, BE APPROVED subject to the following conditions:
1. That the O
fees for the Certificate of Official to the satisfaction of the Secretary-Treasurer and
City Solicitor, if required.
2. That the Owner shall obtain a tax certificate from the City of Kitchener to verify
that there are no outstanding taxes on the subject property(ies) to the
3. That the owner provides a digital file of the deposited reference plan(s) prepared
by an Ontario Land Surveyor in PDF and either .dwg (AutoCad) or .dgn
(Microstation) format, as well as two full size paper copies of the plan(s). The
digital file needs to be submitted according to the City of Kitchener's Digital
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
City Solicitor:
*** 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).
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.
c) That a satisfactory S
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
5. That the Owner submit the required consent review fee of $350 to the Regional
Municipality of Waterloo.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a proposed consent
application to create two easements over 137 Queen Street South in favour of 15
Church Street an affordable housing project.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
Report:
The subject property, municipally known as 137 Queen Street South, is located at the
intersection of Queen South and Church Street in downtown Kitchener. The subject
properties contain a church, detached dwelling and a vacant proposed re-development
site for an affordable housing project. Committee may recall hearing Consent Applications
B2023-013, B2023-014 and B2023-015 and Minor Variance Application A2023-039 at the
March 21, 2023, meeting setting the framework to divide the church property into 3
separate parcels, together with creation of easements and minor variances, to facilitate the
development of an affordable housing project on these lands.
Figure 1 - Location Map for 137 Queen Street South.
Figure 2 - Notice Sign on 137 Queen Street South.
Figure 3 Plan for Consent Applications B2023-013 to B2023-015.
Figure 4 Plan for Easements Consent Applications B2023-013 to B2023-015
Since that time, the applicant has been working to prepare detailed drawings and finalize
the consents so that they can commence with the construction of the affordable housing
project. Through the detailed review phase, it was determined that additional expanded
easements over 137 Queen Street South are needed to facilitate the re-development
scheme. These are shown on Figure 2 below. These are outlined in blue and green and
represent expanded easements over what was approved by Committee back in March
2023 for Consent Application B2023-015.
Accordingly, this application for Consent seeks to amend the easement that was
requested and approved as part of Consent Application B2023-015.
Ex. House
Ex.
Church
Affordable
Housing
Project
Proposed
Easements
Figure 5 Site Layout and Proposed easements
Urban Structure
2014 Official Plan. These have been updated through the Kitchener Growing Together
project that was adopted by Council on March 18, 2024. It is not in force and effect until it
is approved by the Region. The new designation is Growth Area B
--law 85-1 (in
effect). The new zoning is High Rise Growth Zone (Limited) (SGA-3 in Zoning By-law
2019-051 (approved). The existing uses and proposed use of a multiple dwelling are
permitted in both by-laws.
Planning Comments:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement, 2020:
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. Section 1.4.3(b) of the PPS
promotes all types of residential intensification, and sets out a policy framework for
sustainable healthy, liveable and safe communities. The PPS promotes efficient
development and land use patterns, as well as accommodating an appropriate mix of
affordable and market-based residential dwelling types with other land uses, while
supporting the environment, public health and safety. Provincial policies promote the
integration of land use planning, growth management, transit-supportive development,
intensification, affordable housing and infrastructure planning to achieve cost-effective
development patterns, optimization of transit investments, and standards to minimize land
consumption and servicing costs.
Planning staff is of the opinion that this proposal is consistent with the PPS.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
The Growth Plan supports the development of complete and compact communities that
are designed to support healthy and active living, make efficient use of land and
infrastructure, provide for a range and mix of housing types, jobs, and services, at
densities and in locations which support transit viability and active transportation.
The s
and within a Major Transit Station Area (MTSA) in the 2014 Kitchener Official Plan.
Urban Growth Centres plan to accommodate significant population and employment
growth. and the severance applications will help make efficient use of existing
infrastructure, parks, roads, trails and transit.
Planning staff is of the opinion that the consent application to create the easements
conforms to the Growth Plan.
Regional Official Plan (ROP):
within the Urban Area. The subject lands are designated Urban Growth Centre in the
ROP. Regional policies require Area Municipalities to plan for a range of housing in terms
of form, tenure, density and affordability to satisfy the various physical, social, economic
and personal support needs of current and future residents. The easement will facilitate
the creation of affordable housing.
Planning staff are of the opinion that the consent application conforms to the Regional
Official Plan.
14.1.1. To provide infrastructure, municipal services and utilities in a coordinated, efficient
and cost-
14.1.2. To maximize the use of existing municipal services and utilities before
consideration is given to extending and/or developing new municipal services.
14.1.3. To promote cost-effective development patterns and standards to assist in
minimizing servicing costs.
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 and
appropriate.
The future servicing and stormwater design for the benefitting lands will be reviewed and
approved in accordance with the applicable provincial, regional and municipal policies. The
proposed easement provides flexibility for the applicant to develop servicing and access that
connect to and utilizes existing infrastructure and parking.
Heritage Planning Comments:
The subject property municipally addressed as 137 Queen Street South is designated
under Part V of the Ontario Heritage Act and identified as a District A Significance property
in the Victoria Park Area Heritage Conservation District. The proposed easement is not
anticipated to impact identified heritage attributes. There are no further heritage concerns.
Building Division Comments:
No concerns.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
Region of Waterloo Comments:
Regional Fee
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Archaeological Assessment
The subject properties municipally addressed as 137 Queen Street South and 149 Queen
Street South are located within the Victoria Park Area Heritage Conservation District and
the building are designated under Part V of the Ontario Heritage Act. The requirement for
an archaeological assessment is addressed through consent application, B2023-015,
concerning the subject lands municipally addressed as 137 Queen StreetSouth, 149
Queen Street South, and 15 Church Street; i.e. condition of approval no. 11, as outlined in
the Committee of Adjustment Notice of Decision on March 21, 2023 (Report DSD-2023-
123, City of Kitchener).
Regional Staff has no objection to this application subject to the following condition(s):
1. That as a condition of approval the Owner/Applicant submit the required consent
review fee of $350 to the Regional Municipality of Waterloo.
GRCA comments:
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 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
mailing 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 (ROP)
Official Plan (2014)
Kitchener Growing Together DSD-2024-005 and DSD-2024-128
Zoning By-law 85-1 and 2019-051
DSD-2023-123
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
W. Phone: 226-751-3388
File: D20-20/24 KIT
April 3, 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 2024-006, B 2024-007
th
Committee of Adjustment Hearing April 16, 2024
City of Kitchener
Please accept the following Regional planning comments for the above-noted
Consent applications to be considered at the upcoming Committee of Adjustment
Hearing.
Document Number: 4643124
B2024-006
103 & 105 Dalegrove Dr
Waltraud Ratte / GSP Group Inc (Michael Serra)
The applicant proposes to retain parcel A (being 282 sqm in lot area with 9.14m lot
frontage) and sever parcel B (being 282 sqm in lot area with 8.91m lot frontage). The
severance would facilitate the creation of two separately conveyable lots, each with
existing semi-detached unit (presently municipally addressed as 103 Dalegrove Dr and
105 Dalegrove Dr). The proposed consents would comply with development
specifications and be a permitted use for the zoning (R-4). Both parcels are subject to
easements WR430038 and WR448706.
Regional Fee:
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Source Water Protection Policy
The subject lands are identified within Source Water Protection Areas subject to the
Clean Water Act (Part IV) and Regional policies (WHPA-8) (ROP Map 6a).
A Notice of Source Water Protection Plan Compliance, issued under S. 59(2), is
required by the Region to determine whether the proposed activities are subject to S. 57
(Prohibitions) or S. 58 (Risk Management Plan) of the Clean Water Act.
Environmental Noise
The subject lands are located within 300m of the Region of Waterloo railway mainline.
As a condition of approval, the owner/applicant is required to enter into an agreement
with the City of Kitchener to include the following noise warning clause on all Offers of
Purchase/Sale and Lease/Rental Agreements for all dwellings on both the severed and
retained lots:
“Warning: Canadian National Railway Company (CNR) or its assigns or
successors in interest has or have a rights-of-way within 300 metres from the
land the subject thereof. 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). The 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.”
Regional Staff has no objection to this application subject to the following
condition(s):
Version: 1
1. That the Owner/Applicant submit the required consent review fee of $350 to the
Regional Municipality of Waterloo.
2. That the Owner/Applicant submit a Notice of Source Water Protection Plan
Compliance, to the satisfaction of the Region.
3. That the Owner/Applicant enter into an agreement with the City of Kitchener to
include the following noise warning clause on all Offers of Purchase/Sale and
Lease/Rental Agreements for all dwellings on both the severed and retained lots,
to the satisfaction of the City and the Region:
“Warning: Canadian National Railway Company (CNR) or its assigns or
successors in interest has or have a rights-of-way within 300 metres from
the land the subject thereof. 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). The 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.
Version: 1
B2024-007
137 Queen St S
St. Paul’s Evangelical Lutheran Church / GSP Group Inc (Charlotte Lewington)
The applicant proposes width and 36.735m depth; Easement No. 4 being 67.8sqm in lot
area, with 3.25m lot width and 20.88m lot depth.
Regional Fee
Regional Staff are not in receipt of the required consent review fee of $350. The fee is
required as a condition of final approval for the consent application.
Archaeological Assessment
The subject properties municipally addressed as 137 St Street S and 149 Queen St S
are located within the Victoria Park Area Heritage Conservation District and the building
are designated under Part V of the Ontario Heritage Act. Therequirement for an
archaeological assessment is addressed through consent application, B2023-015,
concerning the subject lands municipally addressed as 137 Queen St S, 149 Queen St
S, and 15 Church St; i.e. condition of approval no. 11, as outlined in the Committee of
Adjustment Notice of Decision on March 21, 2023 (Report DSD-2023-123, City of
Kitchener).
Regional Staff has no objection to this application subject to the following
condition(s):
1. That as a condition of approval the Owner/Applicant submit the required consent
review fee of $350 to the Regional Municipality of Waterloo.
Version: 1
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law23-062. If any other applications are required to facilitate the
application, note thatfees are subject to change and additional requirements may apply.
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
April 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 April 16, 2024
Applications for Minor Variance
A 2024-023423 Edwin Street
A 2024-024101 Clive Road
A 2024-0251187 Fischer Hallman Road
A 2024-02658 & 60 Ellen Street East, 115 Lancaster Street East
A 2024-027610 Wabanaki Drive
A 2024-02854 Franklin Street South
A 2024-02959 Van Camp Avenue
A 2024-030109 Ingleside Drive
A 2024-031172 Kehl Street
A 2024-03255 Trillium Park Place
Applicationsfor Consent
B 2024-006103 & 105 Dalegrove Drive
B 2024-007137 QueenStreet South
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 41/24and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority
From:Planning Applications (SM)
To:Committee of Adjustment (SM)
Subject:FW: Kitchener - 137 Queen St S - B2024-007
Date:March 25, 2024 1:24:55 PM
Attachments:image001.png
From: AMIN Pranav <Pranav.Amin1@HydroOne.com>
Sent: Monday, March 25, 2024 10:49 AM
To: Planning Applications (SM) <Planning.Applications@kitchener.ca>
Subject: Kitchener - 137 Queen St S - B2024-007
You don't often get email from pranav.amin1@hydroone.com.Learn why this is important
Hello,
rd
We are in receipt of your Application for Consent, B2024-007 dated February 23, 2024. We have reviewed the documents concerning the noted Application and have no comments or concerns
at this time.
Our preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ please consult your local area Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link:
http://www.hydroone.com/StormCenter3/
Please select “ Search” and locate address in question by entering the address or by zooming in and out of the map
If Hydro One is your local area Distribution Supplier, please contact Customer Service at 1-888-664-9376 or e-mail CustomerCommunications@HydroOne.comto be connected to your Local Operations
Centre
Please let me know if you have any questions or concerns.
Thank you,
Dennis De Rango
Specialized Services Team Lead, Real Estate Department
Hydro One Networks Inc.
Tel: (905)946-6237
Email: Dennis.DeRango@HydroOne.com