HomeMy WebLinkAboutDSD-2024-283 - 51 Charles, 75 Charles, 47-75 Charles, 40-50 Eby - A 2024-050, 051, B 2024-011, 012
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 18, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Tim Seyler, Senior Planner, 519-741-2200 ext. 7860
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: June 5, 2024
REPORT NO.: DSD-2024-283
SUBJECT: Minor Variance Application A2024-050 - 51 Charles St. E.
Minor Variance Application A2024-051 - 75 Charles St. E.
Consent Applications B2024-011 to B2024-012 -
47-75 Charles Street East and 40-50 Eby Street South
RECOMMENDATION:
Minor Variance Application A2024-050 51 Charles Street East
A. That Minor Variance Application A2024-050 for 51 Charles Street East requesting
relief from Section 6.1.2 a) of Zoning By-law 85-1, to permit 0 parking spaces per
dwelling unit instead of the minimum required 0.2 parking spaces per dwelling
unit, in accordance with Site Plan Application SP24/013/C/TS, BE APPROVED.
Consent Application B2024-011 51 Charles Street East
B. That Consent Application B2024-011 requesting consent to sever a parcel of land
having a lot width of 73.5 metres, a lot depth of 38.1, metres and a lot area of
2,790 square metres, and to create an irregular shaped easement over the
severed lands, in favour of 75 Charles Street East, for access and servicing,
generally in accordance with the Severance Sketch, prepared by JD Barnes
Limited, dated June 6, 2024, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2024-050 receive final approval.
2. That the O
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. 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
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
4.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
Kitch
Mapping Technologist.
5. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for the
site (servicing, SWM etc.) with corresponding layer names and asset
prior to deed endorsement.
7. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
8. That any new driveways are to be built to City of Kitchener standards at the
9. That the Owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the satisfac
of Engineering Services. If this is not the case, then the owner will need to
pump the sewage via a pump and forcemain to the property line and have a
gravity sewer from the property line to the street to the satisfaction of the
Director of Engineering Services.
10. The owner shall implement a suitable design solution for a sump pump outlet
to the satisfaction of the Director of Engineering Services.
11. 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
rovals:
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.
12. That
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
13. That a qualified designer is retained to complete a Building Code Assessment
as it relates to the new proposed property line and any of the building adjacent
to this new property line shall addresses such items as: Spatial separation of
Closing in of openings may be required, pending spatial separation calculation
results.
14. That a Building Permit shall be obtained and closed for any remedial
work/upgrades that may be required by the Building Code Assessment.
15. That prior to approval the Owner/Applicant submit the consent review fee of
$350 per application for current and prior consent applications for a total of
$700 to the Regional Municipality of Waterloo.
16. That prior to approval, the Owner/Applicant submit a Record of Site Condition
(RSC) and Ministry Acknowledgement letter to the Regional Municipality of
Waterloo for both severed and retained parcels, unless otherwise waived by the
17. That prior to approval, the Owner/Applicant enter into a development agreement
with the Regional Municipality of Waterloo, to be registered on title for the
severed lands, to the satisfaction of the Regional Municipality of Waterloo as
follows:
a) That the owner agrees to construct all residential units with forced air-
ducted heating system suitably sized and designed and installed with air
conditioning system prior to occupancy.
b) The following noise warning clauses be included in agreements of Offers of
Purchase and Sale, lease/rental agreements and condominium declarations
for the building units/noise sensitive land uses e.g., daycare, medical
building etc.:
i) Noise Warning Type D:
central air conditioning system which will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels
are within the sound level limits of the Municipality and the Ministry of
ii) Noise Warning Type B:
the inclusion of noise control features in the development and within
the building units, sound levels due to increasing road traffic, rail
transit, or stationary sources in proximity may on occasions interfere
with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the
Minor Variance Application A2024-051 75 Charles Street East
C. Minor Variance Application A2024-051 for 75 Charles Street East requesting relief
from Section 6.1.2 a) of Zoning By-law 85-1, to permit 0 parking spaces per
dwelling unit instead of the minimum required 0.2 parking spaces per dwelling
unit and to permit a parking rate of 1 parking space per 140 square metres of
Gross Floor Area (GFA) for office use instead of the minimum required 1 parking
space per 90 square metres of Gross Floor Area (GFA) for office use, in
accordance with Site Plan Application SP24/023/C/TS, BE APPROVED.
Consent Application B2024-012 75 Charles Street East
D. That Consent Application B2024-012 requesting consent to sever a parcel of land
having a lot width of 31.8 metres, a lot depth of 43.5, metres and a lot area of
1,680 square metres, and to create an irregular shaped easement over the
severed lands, in favour of 51 Charles Street East, for access and servicing,
generally in accordance with the Severance Sketch, prepared by JD Barnes
Limited, dated June 6, 2024, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2024-051 receive final approval.
2.
associated fees for the Certificate of Official to the satisfaction of the Secretary-
Treasurer and City Solicitor, if required.
3. 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
4. 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
Mapping Technologist.
5. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
6. That the Owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset
information
prior to deed endorsement.
7. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands to the satisfaction of
the City's Director of Engineering Services.
8. That any new driveways are to be built to City of Kitchener standards at the
.
9. That the Owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the
of Engineering Services. If this is not the case, then the owner will need to
pump the sewage via a pump and forcemain to the property line and have a
gravity sewer from the property line to the street to the satisfactio
Director of Engineering Services.
10. The Owner shall implement a suitable design solution for a sump pump outlet
to the satisfaction of the Director of Engineering Services
11. 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
rovals:
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.
12. T
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
13. That a qualified designer is retained to complete a Building Code Assessment
as it relates to the new proposed property line and any of the building adjacent
to this new property line shall addresses such items as: Spatial separation of
Closing in of openings may be required, pending spatial separation calculation
results.
14. That a Building Permit shall be obtained and closed for any remedial
work/upgrades that may be required by the Building Code Assessment.
15. That prior to approval the Owner/Applicant submit the consent review fee of
$350 per application for current and prior consent applications for a total of
$700 to the Regional Municipality of Waterloo.
16. That prior to approval, the Owner/Applicant submit a Record of Site Condition
(RSC) and Ministry Acknowledgement letter to the Regional Municipality of
Waterloo for both severed and retained parcels, unless otherwise waived by the
17.That prior to approval, the Owner/Applicant enter into a development agreement
with the Regional Municipality of Waterloo, to be registered on title for the
severed lands, to the satisfaction of the Regional Municipality of Waterloo, as
follows:
a) That the owner agrees to construct all residential units with forced air-
ducted heating system suitably sized and designed and installed with air
conditioning system prior to occupancy.
b) The following noise warning clauses be included in agreements of Offers of
Purchase and Sale, lease/rental agreements and condominium declarations
for the building units/noise sensitive land uses e.g., daycare, medical
building etc.:
i) Noise Warning Type D:
central air conditioning system which will allow windows and exterior
doors to remain closed, thereby ensuring that the indoor sound levels
are within the sound level limits of the Municipality and the Ministry of
ii) Noise Warning Type B:
the inclusion of noise control features in the development and within
the building units, sound levels due to increasing road traffic, rail
transit, or stationary sources in proximity may on occasions interfere
with some activities of the dwelling occupants as the sound levels
exceed the sound level limits of the Municipality and the Ministry of the
REPORT HIGHLIGHTS:
The purpose of this report is to review minor variance applications to reduce parking
requirements for both new parcels, and to permit severances to create 2 new parcels,
and the creation of an easement.
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
the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject properties are located along Charles Street East and Eby Street South. The
existing properties contain multiple buildings on the subject lands. The applicant proposes
to demolish the existing structures on 47-63 Charles St. E. (Severed lands 1) in order to
redevelop the properties for a new mixed use development, consisting of affordable
residential units, office space and health office space. Severed lands 2 consisting of 75
Charles St. E. will also be redeveloped into a new mixed-use building consisting of
residential units and office space, while 40-42 Eby Street will be demolished in order to
provide access for parking for each of the severed lands. The retained parcel (50 Eby St.
S) will remain a multiple dwelling building and the severance effectively reinstates the lot
lines as they existed prior to merging on title. Lot sizes vary in width, depth, and area in
this neighbourhood.
Severance applications and minor variance applications were approved by the Committee
of Adjustment in 2021. The severance applications have lapsed, and the applicant is
reapplying for the same lot configurations that were previously approved. The minor
variances that were approved are also still in effect for the new development, however the
requests for a further reduced parking rates have been made.
It should also be noted that the applications for the Site Plans were deemed complete prior
to the new SGA zoning being approved by Council. No variances are required in relation
to the SGA zoning and only the regulations of Zoning By-law 85-1 are required to be
considered.
Figure 1: Location Map: 47-75 Charles Street East and 40-42, 50 Eby Street South.
Figure 2: Proposed lot fabrics
The subject properties are Major Transit Station Area Urban
Structure. The properties known as 47-75 Charles St. E. and 40-42 Eby St. S. are
designated High Density Commercial Residential in the Cedar Hill Neighbourhood
Secondary Plan. 50 Eby St. S. is designated High Density Multiple Residential in the
Cedar Hill Neighbourhood Secondary Plan.
47-55, 75 Charles St. E and 40-42 Eby St. S, area are zoned Commercial Residential
Three Zone (CR-3) with Special Regulation Provision 136R. 63 Charles St. E. is also
zoned CR-3. 50 Eby St. S. is zoned as Residential Nine Zone (R-9) in Zoning By-law 85-
1.
The consent applications are requesting to sever an existing lot into three lots. The
retained lands will contain an existing multiple dwelling and surface parking and Severed
Parcel 1 (47-63 Charles St. E.) will contain a new mixed-use development, consisting of
affordable residential units, office space and health office space. Severed Parcel 2 (75
Charles St. E., and 40-42 Eby St. S.) will contain a new mixed-use building consisting of
affordable residential units and office space. An easement approximately 7.3 meters in
width is also proposed in favour of both properties for access and services. Minor variance
applications are also required for each of the severed parcels. Both severed parcels
require a parking reduction, further than what was previous reduced and approved by the
Committee of Adjustment in 2021. It also should be noted that the proposed new zoning of
SGA-3 would reduce the requirements for parking, however the zoning is currently
waiting the approval of the corresponding Official Plan Amendment and is not yet in effect
at this time.
Figure 3: Existing site conditions of 47-63 Charles Street East and 75 Charles Street
East.
Figure 4: Existing site conditions 75 Charles Street East.
Figure 5: Existing site conditions of 40-42 Eby Street South and 50 Eby Street
South.
REPORT:
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:
Planning Comments Minor Variance Application A2024-050 (51 Charles St. E.):
General Intent of the Official Plan
The requested variance meets the general intent of the Official Plan. The subject property
is designated High Density Commercial Residential in the Cedar Hill Neighbourhood
Secondary Plan. The designation permits multiple dwelling building types as well as a
range of uses which includes offices, office support services, and health office/clinics. The
requested variance to permit a reduced parking requirement is appropriate. The Official Plan
permits adjustments to parking requirements for properties within an area, where the City is
satisfied that adequate alternative parking facilities are available, where developments adopt
Transportation Demand Management (TDM) measures, or where sufficient transit exists or is
to be provided (OP 13.C.8.3). The requested minor variance for parking conforms to the
direction of the Official Plan as there is alternative parking facilities located within 200 metres
of the subject site, as well as the proximity to a light rail transit station. The proposed new
building also incorporates enhanced TDM measures by including a large indoor secured bike
storage area for building residents and employees.
General Intent of the Zoning By-law
The requested variance to permit the reduction in parking for the proposed new
development meets the general intent of the Zoning By-law. The intent of the Zoning By-
law parking rates is to ensure there is sufficient parking available for residents, visitors,
employees and patrons within the development. The intended use of the new development
is for supportive housing and it is the intent of the development to not require as many
parking spaces because it is not expected for every resident to own or use a personal
vehicle. The reduced parking rate isappropriate for the lands and is also supported by
transportation staff. Further the proposed new zoning parking requirements in the new
SGA zoning also reduce the parking requirement down to 0 within a Major Transit Station
Area. Staff are supportive of the residential parking rate to be reduced to 0.
Staff is of the opinion that the requested variance meets the general intent of the Zoning
By-law.
Is/Are the Effects of the Variance(s) Minor?
The reduction of the parking is considered minor. Staff are of the opinion that the
requested variance will permit a new development that will be able to integrate within the
established neighbourhood and will not negatively affect the surrounding area. The
proposed parking rate is deemed to meet the needs of the proposed new use for the
development and appropriate other modes of transportation are in close proximity for daily
use.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variance is appropriate for the development. The proposed development will
provide affordable, supportive dwelling units, and the supportive services that residents will
require. The development is in line with provincial, regional and City planning policies that
support redevelopment and intensification of properties located close to the downtown core
as well as a mix of housing types including affordable and supportive housing. The reduction
in parking is appropriate and will not negatively impact the character of the subject property
or surrounding neighbourhood.
Planning Comments Minor Variance Application A2024-051 (75 Charles St. E.):
General Intent of the Official Plan
The requested variances meet the general intent of the Official Plan. The subject property
is designated High Density Commercial Residential in the Cedar Hill Neighbourhood
Secondary Plan. The designation permits multiple dwelling building types as well as a
range of uses which includes offices, office support services, and health office/clinics. The
requested variances to permit reduced parking requirements are appropriate. The Official
Plan permits adjustments to parking requirements for properties within an area, where the
City is satisfied that adequate alternative parking facilities are available, where developments
adopt Transportation Demand Management (TDM) measures, or where sufficient transit
exists or is to be provided (OP 13.C.8.3). The requested minor variances for parking conform
to the direction of the Official Plan as there is alternative parking facilities located within 200
metres of the subject site, as well as the proximity to a light rail transit station.
General Intent of the Zoning By-law
The requested variances to permit the reduction in parking, meet the general intent of the
Zoning By-law. The requested variances to permit the reduction in parking for the proposed
new development meets the general intent of the Zoning By-law. The intent of the Zoning By-
law parking rates is to ensure there is sufficient parking available for residents, visitors,
employees and patrons within the development. The intended use of the new development is
for supportive housing, and it is the intent of the development to not require as many parking
spaces because it is not expected for every resident to own or use a personal vehicle. The
reduced parking rates are appropriate for the lands and is also supported by transportation
staff. Further the proposed new zoning parking requirements in the new SGA zoning also
reduce the parking requirement down to 0 within a Major Transit Station Area. Staff are
supportive of the residential parking rate to be reduced to 0, and the reduction in parking for
the office use.
Staff is of the opinion that the requested variances meet the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
The reduction of the parking is considered minor. Staff are of the opinion that the
requested variances will permit a new development that will be able to integrate within the
established neighbourhood and will not negatively affect the surrounding area. The
proposed parking rates are deemed to meet the needs of the proposed new uses for the
development and appropriate other modes of transportation are in close proximity for daily
use.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The proposed variances are appropriate for the development. The proposed development
will provide affordable, supportive dwelling units, and the supportive services that residents
will require. The development is in line with provincial, regional and City planning policies that
support redevelopment and intensification of properties located close to the downtown core
as well as a mix of housing types including affordable and supportive housing. The reduction
in parking is appropriate and will not negatively impact the character of the subject property
or surrounding neighbourhood.
Planning Comments Consent Applications B2024-011 and B2024-012:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Policy Statement (PPS 2014)
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, 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 the proposed applications will facilitate a form of
intensification of the subject property with the creation of lots and a mix of uses that are
compatible with the surrounding community and will make use of the existing
infrastructure. No new public roads would be required for the proposed development.
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
subject lands are in close proximity to transit and the subject lands are in close proximity
to trails and parks.
Policy 2.2.6.1(a) Municipalities will support housing choice through the achievement of the
minimum intensification and targets in this plan by identifying a diverse range and mix of
housing options and densities, including additional residential units and affordable housing
to meet projected needs of current and future residents.
-up area. The proposed
development represents intensification and will cont
intensification density targets. The severance applications will help make efficient use of
existing infrastructure, parks, roads, trails and transit. Planning staff is of the opinion that
the development proposal conforms to the Growth Plan.
Regional Official Plan (ROP):
Urban Area policies of the ROP identify t
within the Urban Area. The subject lands are designated Built-Up Area in the ROP. The
proposed development conforms to Policy 2.D.1 of the ROP as this neighbourhood
provides for the physical infrastructure and community infrastructure to support the
proposed residential development, including transportation networks, municipal drinking-
water supply and wastewater systems, and a broad range of social and public health
services. 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. Planning staff are of
the opinion that the severance application conforms to the Regional Official Plan.
on Map 2 Urban
Structure and is designated Hill
Neighbourhood Secondary Plan.
Section 17.E.20.5 of the Official Plan implements Section 51 of the Planning Act and
contains policies regarding infill development and lot creation (Consent Policies).These
policies state the following:
Applications for consent to create new lots will only be granted where:
a) the lots comply with the policies of this Plan, any Community Plan
and/or Secondary Plan, and that the lots are in conformity with the
Zoning By-law, or a minor variance has been granted to correct any
deficiencies;
b) the lots reflect the general scale and character of the established
development pattern of surrounding lands by taking into consideration
lot frontages, areas, and configurations;
c) all of the criteria for plan of subdivision are given due consideration;
d) the lot will have frontage on a public street;
e) municipal water services are available;
f) municipal sanitary services are available except in accordance with
Policy 14.C.1.19;
g) a Plan of Subdivision or Condominium has been deemed not to be
necessary for proper and orderly development; and,
h) the lot(s) will not restrict the ultimate development of adjacent
Furthermore Section 17.E.20.4 states:
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.
The proposed lot widths and lot areas of the proposed severed and retained lots exceed
the minimum CR-3 zone lot size requirements and minor variances are not required for
the creation of the lots themselves. Planning staff is of the opinion that the size, dimension
and shape of the proposed lots are suitable for the use of the lands and compatible with
the surrounding neighbourhood which is developed with a variety of uses including
residential, commercial and office with lots sizes that vary in width, depth, and area. The
lands front onto a public street and full services are available. There are no natural
heritage features that would be impacted by the proposed consent application.
The proposed easement provides flexibility for the applicant to develop servicing and
access that connects to and utilizes the existing infrastructure and creates a parking layout
that is functional and accessible to both proposed developments.
Planning staff is of the opinion that the proposed severances conform with the City of
Kitchener Official Plan.
Zoning By-law 85-1
47-55, 75 Charles St. E and 40-42 Eby St. S, area are zoned Commercial Residential
Three Zone (CR-3) with Special Regulation Provision136R. 63 Charles St. E. is also
zoned CR-3. 50 Eby St. S. is zoned Residential Nine Zone (R-9) in Zoning By-law 85-1.
The proposed zoning for the properties in Zoning By-law 2019-051 is SGA-3, however
the zoning is currently waiting the approval of the corresponding Official Plan Amendment
and is not yet in effect at this time.
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 severed lots are
desirable and appropriate. The uses of both the severed and retained parcels are in
-law. Planning staff is of the opinion
that the size, dimension and shape of the proposed lots are suitable for the use of the
lands and compatible with the surrounding community. Staff is satisfied that the creation of
the easement is desirable and appropriate. Staff is further of the opinion that the proposal
is consistent with the Region of Waterloo Official Plan, the Provincial Policy Statement,
conforms to the Growth Plan for the Greater Golden Horseshoe and is good planning and
in the public interest.
Environmental Planning Comments:
Tree Management Policy requirements to be addressed by the urban designer at Site
Plan.
Heritage Planning Comments:
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. The properties municipally addressed as 47-75
Charles Street East & 40-50 Eby Street South is located within the Cedar Hill
Neighbourhood CHL. The City has undertaken additional work on examining the CHL
significance of the CHL area through its work on drafting a new Secondary Plan for the
Cedar Hill and Schneider Creek Secondary Plan area. For more information on the
outcome of this CHL analysis and the specific recommendations which may impact
properties located within the Cedar Hill Neighbourhood CHL, please visit the following link:
www.kitchener.ca/npr.
Building Division Comments:
The Building Division has no objections to the proposed variances.
The Building Division has no objections to the proposed consent provided for the retained land:
1. A qualified designer is retained to complete a building code assessment as it relates to
the new proposed property line and any of the building adjacent to this new property line
shall addresses such items as:
satisfaction of the Chief Building Official. Closing in of openings may be required,
pending spatial separation calculation results.
2. A building permit shall be obtained for any remedial work/ upgrades that may be required
by the building code assessment.
Engineering Division Comments:
A2024-050 51 Charles Street East
- No comment
A2024-051 75 Charles Street East
- No comment
B2024-011 51 Charles Street East
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of any new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to jason.brule@kitchener.ca.
Any new driveways are to be built to City of Kitchener standards. All works are at the
occupancy of the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will
have to pump the sewage to achieve gravity drainage from the property line to the
municipal sanitary sewer in the right of way.
The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
B2024-012 75 Charles Street East
Severance of any blocks within the subject lands will require separate, individual
service connections for sanitary, storm, and water, in accordance with City policies.
The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of any new service connections that may be
required to service this property, all prior to severance approval. Our records indicate
municipal services are currently available to service this property. Any further
enquiries in this regard should be directed to jason.brule@kitchener.ca.
Any new driveways are to be built to City of Kitchener standards. All works are at the
building.
A servicing plan showing outlets to the municipal servicing system will be required to
the satisfaction of the Engineering Division prior to severance approval.
A Development Asset Drawing (digital AutoCAD) is required for the new site
infrastructure with corresponding layer names and asset information to the
satisfaction of the Engineering Division prior to severance approval.
The owner must ensure that the basement elevation of the building can be drained by
gravity to the municipal sanitary sewer. If basement finished floor elevations do not
allow for gravity drainage to the existing municipal sanitary system, the owner will
have to pump the sewage to achieve gravity drainage from the property line to the
municipal sanitary sewer in the right of way.
The Owner shall implement a suitable design solution for a sump pump outlet to the
satisfaction of the Director of Engineering.
Parks/Operations Division Comments:
A2024-050 51 Charles Street East
Parks and Cemeteries concerns and requirements have been addressed through Site
Plan Application SP24/013/C/TS.
A2024-051 75 Charles Street East
Parks and Cemeteries concerns and requirements have been addressed through Site
Plan Application SP24/013/C/TS.
B2024-011 51 Charles Street East
Parks and Cemeteries concerns and requirements have been addressed through Site
Plan Application SP24/013/C/TS.
B2024-012 75 Charles Street East
Parks and Cemeteries concerns and requirements have been addressed through Site
Plan Application SP24/013/C/TS.
Transportation Planning Comments:
As this development is within SGAone, the proposed parking supply of zero (0)
parking spaces per dwelling unit will be
of zero (0) parking spaces per dwelling unit is acceptable.
Region of Waterloo Comments:
A2024-050 51 Charles Street East No concerns.
A2024-051 75 Charles Street East No concerns.
B 2024-011 and B 2024-012
51 Charles St E/ 75 Charles St E
PLAN 367 PT LOTS 2 to 5, PLAN 393 PT LOT 18
Owner: House of Friendship c/o Jackie Keller
Agent: MHBC c/o Rachel Wolff
The owner/applicant is proposing to sever the subject lands comprised of multiple parcels
held in common ownership (Friendship House) into three distinct parcels, being Parcel 1
(merger of 47-63 Charles St E), Parcel 2 (lot addition of 40-42 Eby St to 75 Charles St E),
and Parcel 3 (50 Eby St retained).
The purpose of the consent applications is to facilitate the development of the subject
lands: construction of 7-storey building with103 supportive/affordable housing units and
integrated HUB office space (Parcel 1); construction of 10-storey building with 69
supportive/affordable housing units and commercial/office use at grade; retention of
existing 2-storey supportive housing buildingwith no changes to site plan (Parcel 3); and
establishment of shared access easement for pedestrian/vehicle movement and parking
(Parcel 1 / 2).
As a requirement of the previous site plan application, B2021-067 and B2021-068 were
conditionally approved and lapsed on December 24, 2022. A2021-142 and A2021-143
were conditionally approved and an extension was granted to fulfill those conditions. I.e.
relating to required parking, setbacks, podium height, and tower separation distance, as
the proposal does not confirm to in-force ZBL 85-1 or proposed Growing Together ZBL.
Archaeological Assessment (Advisory)
The subject lands have archaeological potentials due to location within a historic landform,
proximity to historic buildings and location within a historic core area. A few properties to
note would be 47 Charles St E is a potential resource of interest circa 1897, 51 Charles St
E is a potential resource of interest circa 1900, 67 Charles St E as known as the House of
Friendship is considered to be a potential resource of interest and 75 Charles St E is
considered to be a potential resource of interest. All of these properties are located within
a potential heritage area of interest the Cedar Hill Neighbourhood. Please note that 90
Church St is a recognized heritage resource that is OHA Designated Part IV circa 1870
and must have minimal impacts to this site when demolition occurs, and development
begins.
Staff do not require the submission of an archaeological assessment due to the extensive
disturbance that has occurred to these properties, however, the applicant should be made
aware of the following:
If archaeological resources are discovered during future development or site
alteration of the subject property, the applicant will need to immediately cease
alteration/development and contact the Ministry of Citizenship and Multiculturalism.
If it is determined that additional investigation and reporting of the archaeological
resources is needed, a licensed archaeologist will be required to conduct this field
work in compliance with S. 48(a) of the Ontario Heritage Act; and/or;
If human remains/or a grave site is discovered during development or site alteration
of the subject property, the applicant will need to immediately cease alteration and
must contact the proper authorities (police or coroner) and the Registrar at the
Bereavement Authority of Ontario in Compliance with the Funeral, Burial and
Cremation Services Act, 2002 S. 96 and associated Regulations.
Regional Staff request a copy of any Heritage Impact Assessment required by the City
Record of Site Condition
Database as a Medium Threat. In accordance with the
for the Review of Development Applications on or Adjacent to Known and Potentially
Contaminated Sites, a Record of Site Condition (RSC) is required.
The Region requires the following condition on approval of consent:
1. That as condition of approval, the Owner/Applicant submit a Record of Site Condition
(RSC) and Ministry Acknowledgement letter to the Regional Municipality of Waterloo
Commissioner of Planning and Development.
Environmental Noise Impacts
Conditions for Consent Applications:
The proposed development may encounter environmental noise sources at this location
due to traffic on Charles Street East (RR #64) and potential stationary noise sources in the
vicinity. It is the responsibility of the applicant to ensure the proposed noise-sensitive
development is not adversely affected by anticipated noise impacts. In lieu of a detailed
noise study, the Region will require as a condition of consent approval that the applicant
enter into a Development Agreement with the Region of Waterloo, to be registered on title
for the severed lands, to the satisfaction of the Regional Municipality of Waterloo, as
follows:
1. All dwellings and any noise sensitive units will be fitted with forced air-ducted heating
system suitably sized and designed and installed with air conditioning system prior to
occupancy.
2. The following noise warning clauses be included in agreements of Offers of Purchase
and Sale, lease/rental agreements and condominium declarations for the dwelling
units/noise sensitive land uses e.g. daycare, medical building etc.:
1) This dwelling unit has been supplied with a central air
conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound level
limits of the Municipality and the Ministry of the Environment."
2) Noise Warning Type B: "Purchasers/tenants are advised that despite the
inclusion of noise control features in the development and within the building
units, sound levels due to increasing road traffic, rail transit, or stationary
sources in proximity may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment."
Conditions for Site Plan Stage (Advisory Comments):
Regional staff advise that other requirements i.e. Dedicated Road Widening, Functional
Servicing, SWM Report etc. which will be made conditions of the related Site Plan
applications concurrently received and under review by the staff, for the subject
development.
Although, the requirement of a detailed noise study is not a Regional condition of a
standalone Site Plan application, the proponents are strongly advised to undertake a
detailed environmental noise study and develop the Site accordingly. This would avoid any
retrofit to the building/site/units at a later stage.
Water Services (Advisory)
The applicant should be made aware that no connection to the 300mm Charles Street E
regional watermain will be permitted in accordance with Section B.2.1.4.1 of the Design
Guidelines and Supplemental Specifications for Municipal Services for February 2023.
Housing Services (Advisory)
The following Regional policies and initiatives support the development and maintenance
of affordable housing:
o Objective 4.2 requires the Region to make affordable housing more available to
individuals and families.
-Year Housing and Homelessness Plan
o contains an affordable housing target which is that 30% of all new residential
development between 2019 and 2041 in Waterloo Region is to be affordable to
low and moderate income households.
amework
o shows how the Region plans to create 2,500 units of housing affordable to people
with low to moderate incomes by 2025.
o Section 3.A (range and mix of Housing) contains land use policies that ensure the
provision of a full and diverse range and mix of permanent housing that is safe,
affordable, of adequate size, and meets the accessibility requirements of all
residents.
The Region supports the provision of a full range of housing options, including supportive
housing. Housing Services has no concerns about the consent requests and supports this
proposal.
Regional Consent Review Fee
Regional Staff are not in receipt of the required consent review fee of $700 for the current
consent applications, or $700 for the prior consent applications which lapsed (B2021-
067/B2021-068). The balance of fees outstanding ($1400) is required as a condition of
final approval for the consent application.
Regional Staff has no objection to this application subject to the following
condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350 per
application for current and prior consent applications for a total of $700 to the Regional
Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant submit a Record of Site Condition (RSC)
and Ministry Acknowledgement letter to the Regional Municipality of Waterloo for both
of Planning and Development.
3. That prior to approval, the Owner/Applicant enter into a registered development
agreement with the Regional Municipality of Waterloo, to be registered on title for the
severed lands, to the satisfaction of the Regional Municipality of Waterloo, as follows:
1. That the owner agrees to constructure all residential units with forced air-ducted
heating system suitably sized and designed and installed with air conditioning
system prior to occupancy.
2. The following noise warning clauses be included in agreements of Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
the building units/noise sensitive land uses e.g. daycare, medical building etc.:
a) This building unit has been supplied with a central air
conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Municipality and the Ministry of the Environment."
b) Noise Warning Type B: "Purchasers/tenants are advised that despite the
inclusion of noise control features in the development and within the building
units, sound levels due to increasing road traffic, rail transit, or stationary
sources in proximity may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment."
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 site 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 th
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)
Zoning By-law 85-1
Growing Together Amendment, By-law 2024-065
DSD-2021-235
ATTACHMENTS:
Attachment A Proposed Draft Reference Plan
May 29, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST
Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP
Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 044 160 Webster Road No concerns.
2) A 2024 - 045 3 Ivy Lane Court No concerns.
3) A 2024 - 046 59 Cartier Drive No concerns.
4) A 2024 - 047 948 Chapel Hil Court No concerns.
5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for
this application. However, the applicants are advised that the subject lands are
located within the outer 6km of the airport zoning-regulated area and specifically
under the takeoff approach surface. Accordingly, the lands are subject to all
provisions of airport zoning.
6) A 2024 - 049 174 Wellington Street North There are no conditions for the
above application. However, the applicants are advised that there would be
impacts from road noise & railway noise/vibration to the existing and the proposed
dwellings/building. The applicants are responsible for ensuring no environmental
noise impacts from/to the proposed development.
7) A 2024 - 050 51 Charles Street East No concerns.
8) A 2024 - 051 75 Charles Street East No concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ
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:
Mariah Blake, City of Kitchener
CofA@Kitchener.ca
Katrina Fluit, Region of Waterloo FYI only.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ
2
PLANNING, DEVELOPMENT AND
LEGISLATIVE SERVICES
Commissioner’s Office
th
150 Frederick Street, 8floor
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
June 10, 2024
VIA EMAIL
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
Re: Amended Comments on Consent Applications - B 2024-011, B 2024-012
Committee of Adjustment Hearing June 18, 2024
City of Kitchener
Staff issue the following addendum comments further to comments dated June 3, 2024.
Document Number: 4703239
Environmental Noise:
The proposed development may encounter environmental noise sources at this location
due to traffic on Charles Street East (RR #64) and potential stationary noise sources in
the vicinity. It is the responsibility of the applicant to ensure the proposed noise-
sensitive development is not adversely affected by anticipated noise impacts. In lieu of a
detailed noise study, the Region will require as a condition of consent approval that the
applicant enter into a Development Agreement with the Region of Waterloo, to be
registered on title for the severed lands, to the satisfaction of the Regional Municipality
of Waterloo, as follows:
1. All dwellings and any noise sensitive units will be fitted with forced air-ducted
heating system suitably sized and designed and installed with air conditioning
system prior to occupancy.
2. The following noise warning clauses be included in agreements of Offers of
Purchase and Sale, lease/rental agreements and condominium declarations for
the dwelling units/noise sensitive land uses e.g. daycare, medical building etc.:
1) Noise Warning Type D: “This dwelling unit has been supplied with a central
air conditioning system which will allow windows and exterior doors to remain
closed, thereby ensuring that the indoor sound levels are within the sound
level limits of the Municipality and the Ministry of the Environment."
2) Noise Warning Type B: "Purchasers/tenants are advised that despite the
inclusion of noise control features in the development and within the building
units, sound levels due to increasing road traffic, rail transit, or stationary
sources in proximity may on occasions interfere with some activities of the
dwelling occupants as the sound levels exceed the sound level limits of the
Municipality and the Ministry of the Environment."
In summary, Regional Staff has no objection to this application subject to the
following condition(s):
1. That prior to approval the Owner/Applicant submit the consent review fee of $350
per application for current and prior consent applications for a total of $700 to the
Regional Municipality of Waterloo.
2. That prior to approval, the Owner/Applicant submit a Record of Site Condition
(RSC) and Ministry Acknowledgement letter to the Regional Municipality of
Waterloo for both severed and retained parcels, unless otherwise waived by the
Region’s Commissioner of Planning,Developmentand Legislative Services.
3. That prior to approval, the Owner/Applicant enter into a development agreement
with the Regional Municipality of Waterloo, to be registered on title for the
severed lands, to the satisfaction of the Regional Municipality of Waterloo, as
follows:
Document Number: 4703239
Version: 1
1. That the owner agrees to constructure all residential units with forced air-
ducted heating system suitably sized and designed and installed with air
conditioning system prior to occupancy.
2. The following noise warning clauses be included in agreements of Offers
of Purchase and Sale, lease/rental agreements and condominium
declarations for the building units/noise sensitive land uses e.g. daycare,
medical building etc.:
a. Noise Warning Type D: “This building unit has been supplied with a
central air conditioning system which will allow windows and
exterior doors to remain closed, thereby ensuring that the indoor
sound levels are within the sound level limits of the Municipality and
the Ministry of the Environment."
b. Noise Warning Type B: "Purchasers/tenants are advised that
despite the inclusion of noise control features in the development
and within the building units, sound levels due to increasing road
traffic, rail transit, or stationary sources in proximity may on
occasions interfere with some activities of the dwelling occupants
as the sound levels exceed the sound level limits of the Municipality
and the Ministry of the Environment."
Document Number: 4703239
Version: 1
General Comments:
Any submission requirements may be subject to peer review, at the owner/ applicant’s
expense as per By-law 23-062. If any other applications are required to facilitate the
application, note that fees 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
Document Number: 4703239
Version: 1
June3, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMariahBlake,
Re:Committee of Adjustment Meeting June 18, 2024
Applications for Minor Variance
A 2024-044160 Webster Road
A 2024-0453 Ivy Lane Court
A 2024-04659 Cartier Drive
A 2024-047948 Chapel Hill Court
A 2024-048101 Breckenridge Drive
A 2024-049174 Wellington Street North
A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South
Applicationsfor Consent
B 2024-010578 Guelph Street
B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street 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