HomeMy WebLinkAboutDSD-2025-073 - A 2025-007 - 864 King Street WestStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Eric Schneider, Senior Planner, 519-783-8918
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: February 6, 2025
REPORT NO.: DSD -2025-073
SUBJECT: Minor Variance Application A2025-007 — 864 King Street West
RECOMMENDATION:
That Minor Variance Application A2025-073 for 864 King Street West requesting
relief from Section 19, Site -Specific Provision (415) e) of Zoning By-law 2019-051, to
permit the physical separation of the 7th storey of a proposed multiple dwelling to
be setback from the east property line 3.1 metres instead of the minimum required
4.2 metres to facilitate the development of the site with a 45 storey building in
accordance with Site Plan Application SP24/069/K/ES, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application to facilitate the
development of the subject lands with a 45 storey multiple residential building.
• The key finding of this report is that the requested variance meets the 4 tests of the
Planning Act.
• 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 posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the northeast corner of King Street West and Pine
Street.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 34 of 135
The subject property is identified as a `Protected Major Transit Station Area' on Map 2 —
Urban Structure and is designated `Strategic Growth Area C' on Map 3 — Land Use in the
City's 2014 Official Plan.
The'Growing Together' Zoning By-law Amendment to Zoning By-law 2019-051 is currently
under appeal. As a result, zoning the subject lands are currently "dual testing" in which
both Zoning By-law 85-1 and Zoning By-law 2019-051 are in effect. The property is zoned
`High Intensity Mixed Use Corridor Zone (MU -3)' in Zoning By-law 85-1, and "High Rise
Growth Zone (SGA -4)" in Zoning By-law 2019-051.
Figure 1 — Location Map: 864 King Street West
The purpose of the application is to facilitate the redevelopment of the lands with a 45 -
storey tower. The applicant is proposing to develop the lands with a 45 -storey multiple
dwelling building. The proposed development represents "Phase 1" of a multi -phase build-
out of the lands. On October 28th, 2024, the Planning and Strategic Initiatives Committee
approved Zoning By-law Amendment application ZBA24/022/K/ES. The application was to
be ratified at the following City Council Meeting on November 18th, 2024. At the November
18th, 2024 Council Meeting, the applicant requested changes to the concept based on
building structural needs that resulted in changes to the site specific zoning provision
requested as part of the Zoning By-law Amendment. City Council approved the changes
requested by the applicant. Through review of the subsequent Site Plan Application
(SP24/069/K/ES), Staff determined that a request for reduction in physical separation of
the east property line was not included in the requested changes to Council, and relief
from Zoning is required.
Site Plan Application SP24/069/K/ES is currently under review.
Page 35 of 135
Figure 2 — Location Map: View of Site from King Street West (January 29, 2025)
Figure 3 — Site Plan Drawing
Page 36 of 135
r r r r r
ON - r i r a r r r! r
3.1 m INT.(EAST)
oA SIDE YARD
■
15.1
12.0 3.1
15.1
■
■
■
■
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Figure 4 — Site Plan Drawing (requested variance shown)
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 `Strategic Growth Area C' land use designation is intended to accommodate
significant intensification at high density. Lands designated `Strategic Growth Area C' are
generally centrally located within Intensification Areas and/or represent redevelopment
opportunities at higher density. The request for a reduction in physical separation for the
7th storey of the parking podium facilitates the redevelopment of the lands with high
density and achieves the intent of the Official Plan designation. Planning Staff are of the
opinion that the proposed development meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The requirements for physical separation are intended to control the massing and building
placement of development and redevelopment, to ensure that there are no adverse
Page 37 of 135
impacts to surrounding lands, and that the redevelopment potential of abutting lands is not
frustrated or compromised by development of the subject lands. The requested variance
for a reduction in physical separation is for a portion of the building used as parking
garage and will not contain dwelling units and balconies like in the tower portion of the
building. Staff anticipate this will result in lesser impacts in regards to privacy, overlook,
and sufficient physical separation. The requested variance for physical separation is only
applicable to the 7t" storey (top floor) of the parking podium, as the first 6 storeys comply
to current zoning. Staff are 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?
Staff note that the as -of -right permissions for the subject property allow for the first 6 floors
of the structure to have a 0 metre interior side yard (Section 6.6 a), vii)), as the subject
lands are on a Priority Street (King Street) in Appendix `G' of Zoning By-law 2019-051. The
requested variance is for the 7t" storey only, which will be used as a parking structure.
Planning Staff are of the opinion that the effects of the variance are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The subject lands are zoned and designated for high density development and the
requested variance will facilitate the redevelopment of the lands for high density use.
Planning Staff are of the opinion that the variance is desirable for the appropriate
development and use of the land.
Environmental Planning Comments:
Environmental comments being addressed through Site Plan Application SP24/069/K/ES.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No Engineering concerns.
Parks and Cemeteries/Forestry Division Comments:
Park Planning concerns including any street tree protection or required park dedication will
be addressed through Site Plan application SP24/069/K/ES.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 38 of 135
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 Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 85-1 and 2019-051
• DSD-2024-467(ZBA24/022/K/ES)
ATTACHMENTS:
Attachment A — Site Plan Drawings
Page 39 of 135
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January 27, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting February 18, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have
the following comments:
1)
A 2025 —
005
— 42 Hillcrest Lane - No Concerns
2)
A 2025 —
006
— 19 Carlin Avenue - No Concerns
3)
A 2025 —
007
— 864 King Street West - No Concerns
4)
A 2025 —
008
— 1035 Ottawa Street North - No Concerns
5)
A 2025 —
009
— 775 Queen Street South - No Concerns
6)
A 2025 —
010
— 180 Ahrens Street West - No Concerns
7)
A 2025 —
011
— 86 Florence Avenue (retained) - No Concerns
8)
A 2025 —
012
— 86 Florence Avenue (severed) - No Concerns
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.
Document Number: 4880325
28935
Page 47 of 135
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener.ca
Document Number: 4880325
Page 48 of 135
January 31, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — February 18, 2025
Applications for Minor Variance
A 2025-006
19 Carlin Avenue
A 2025-007
864 King Street West
A 2025-008
1035 Ottawa Street North
A 2025-009
775 Queen Street South
A 2025-010
180 Ahrens Street West
A 2025-011
86 Florence Avenue
A 2025-012
86 Florence Avenue
Applications for Consent
B 2025-002
685 Fischer Hallman Road
B 2025-003
180 Ahrens Street West
B 2025-004
86 Florence Avenue
B 2025-005
86 Florence Avenue
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you have any questions, please contact me at aherremana-grand river. ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 49 of 135