HomeMy WebLinkAboutDSD-2025-229 - A 2025-054, B 2025-017 - 864 King St WStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 20, 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: May 7, 2025
REPORT NO.: DSD -2025-229
SUBJECT: Minor Variance Application A2025-054 - 864 King Street West
Consent Application B2025-017 - 864 King Street West
RECOMMENDATION:
A. Minor Variance Application A2025-054 - 864 King Street West
That Minor Variance Application A2025-054 for 864 King Street West requesting
relief from the following Sections of Zoning By-law 2019-051
i) Section 6.5.2, Table 6-5 to allow for a Front Yard Lot Width (King Street
West) of 2.2 metres instead of the minimum required 48 metres;
ii) Site Specific Provision (415) a) for a minimum Yard Setback (South
Property Line, Middle) of 0 metres instead of the minimum required 3
metres;
iii) Site Specific Provision (415) a) for a minimum Yard Setback (West
Property Line, Interior) of 0 metres instead of the minimum required 3
metres;
iv) Site Specific Provision (415) e) for a minimum Physical Separation for
Storeys 7-12 (South Property Line, Middle) of 0 metres instead of the
minimum requires 6 metres;
v) Site Specific Provision (415) e) for a minimum Physical Separation for
Storeys 7-12 (West Property Line, Interior) of 0 metres instead of the
minimum required 6 metres;
vi) Site Specific Provision (415) f) for a minimum Physical Separation for
Storeys 13-18 (West Property, Interior) of 6.1 metres instead of the
minimum required 9 metres;
vii) Site Specific Provision (415) g) for a Minimum Physical Separation for
Storeys 19-36 (West Property Line, Interior) of 6.1 metres instead of the
minimum required 12 metres; and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 218 of 246
viii) Site Specific Provision (415) h) for a Minimum Physical Separation for
Storeys 37 and above (West Property Line, Interior) of 6.1 metres instead
of the minimum required 15 metres;
to facilitate the severance of the lands for construction phasing/financing
purposes in accordance with accordance with drawings prepared by Reinders
and Associates, dated March 3, 2025, BE APPROVED.
B. Consent Application B2025-017 — 864 King Street West
That Consent Application B2025-027 requesting consent to sever an irregular-
shaped parcel of land measuring 2.2 metres by 90.4 metres and having an area
of 3,045.1 square metres, BE APPROVED subject to the following conditions:
1. That Minor Variance Application A2025-054 receive final approval.
2. That the Owner's solicitor shall provide draft transfer documents and
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
satisfaction of the City's Revenue Division.
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's Digital Submission Standards to the satisfaction of the City's
Mapping Technologist.
5. That the Owner shall enter into an agreement with the City of Kitchener, to be
prepared by the City Solicitor, to the satisfaction of the City Solicitor and the
City's Manager, Site Plans, and registered on title to the severed lands, which
shall include the following:
i) That prior to the initiation of any site development works, grading or
issuance of a Demolition and/or Building Permit the Owner agrees to
submit and receive approval of a Site Plan to the satisfaction of the City's
Manager, Site Plans, which reflects, at minimum, the proposed changes to
the lot size and any associated changes to the operation and/or
functioning of the site.
Should a Site Plan Application be approved, to the satisfaction of the City's
Manager, Site Plans, in accordance with the condition above prior to
endorsement of the deed, the above noted condition shall not be required to be
registered on title.
6. 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
Page 219 of 246
City Solicitor in consultation with the City's Manager, Development Approvals:
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.
7. That a satisfactory Solicitor's Undertaking to register the approved Transfer
Easement(s) and to immediately thereafter provide copies thereof to the City
Solicitor be provided to the City Solicitor.
8. That the Owner provides a servicing plan showing outlets to the municipal
servicing system to the satisfaction of the Director of Engineering Services.
9. That the Owner submit a Development Asset Drawing (digital AutoCAD) for
the site (servicing, SWM etc.) with corresponding layer names and asset
information to the satisfaction of the City's Director of Engineering Services,
prior to deed endorsement.
10. That the Owner makes financial arrangements for the installation of any new
service connections to the severed and/or retained lands and disconnection /
abandonment of existing services that are no longer required to the satisfaction
of the City's Director of Engineering Services.
11. That any new driveways are to be built to City of Kitchener standards at the
Owner's expense prior to occupancy of the building to the satisfaction of the
City's Director of Engineering Services.
12. That the Owner provides confirmation that the basement elevation can be
drained by gravity to the street sewers to the satisfaction of the City's Director
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 City's
Director of Engineering Services.
13. That prior to final approval the Owner submits a valid Section 59 Notice.
14. That for the severed lands, the Owner/Developer enter into a registered
development agreement with the Regional Municipality of Waterloo to
implement the environmental noise recommendations specific to noise
impacts from King Street West (Regional Road No. 8) identified in the noise
study report entitled "Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality of
Waterloo, ON" (prepared by HGC Engineering, dated July 24, 2024). For the
Page 220 of 246
retained lands, the agreement shall also specify that an update to the noise
study assessing noise impacts associated with King Street West shall be
completed prior to site plan approval of any future development on these
lands.
15. That prior to final approval the Owner submits the Consent Application Review
Fee of $350.00 to the Region of Waterloo.
REPORT HIGHLIGHTS:
• The purpose of this report is to review a Minor Variance Application and Consent
Application to facilitate the construction phasing/financing for the development of the
subject lands with a 45 storey multiple residential building on the Severed lands, and a
future high rise multiple residential building on the Retained lands.
• The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act, and that the requested severance meets the criteria of the Planning Act
and Provincial, Regional and City policies.
• 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.
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 property is zoned "High Rise Growth Zone (SGA -4) (415) (95H)" in Zoning By-law
2019-051.
Page 221 of 246
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Figure 1 — Location Map: 864 King Street West
The purpose of the application is to facilitate the construction phasing/financing for the
redevelopment of the severed lands with a 45 -storey tower. On October 2811, 2024, the
Planning and Strategic Initiatives Committee approved Zoning By-law Amendment
Application ZBA24/022/K/ES. The proposed development represents `Phase 1' of a multi-
phase build -out of the lands. The Retained lands, located on the corner of King and Pine,
are for future high-rise redevelopment. Site Plan Application (SP24/069/K/ES) for the 45 -
storey tower has received `Conditional Approval'.
The applicant is proposing to establish reciprocal "blanket" easements over the entirety of
the Severed and Retained lands in order to allow for shared services and access.
Municipal consent is not required to establish blanket easements, rather it is for specific
easements that apply to part of a lot. However, City Legal staff will review the draft
easement documents to ensure that adequate provisions have been made for shared
services and access.
On February 18, 2025, the Committee of Adjustment approved Minor Variance Application
A2025-007 in report DSD -2025-073 to allow for a reduced physical separation of the 711
storey podium to the east property line. No changes to this property line/physical
separation regulation are proposed through this application.
Page 222 of 246
Figure 2 — Location Map: View of Site from King Street West (May 6, 2025)
Page 223 of 246
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Page 225 of 246
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Page 225 of 246
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REPORT:
Planning Comments Minor Variance Application A2025-054:
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 subject property is designated `Strategic Growth Area C' in the City's 2014 Official
Plan. The Strategic Growth Area C land use designation is intended to accommodate
significant intensification at high density. The requested variances represent no changes
to the physical location of the approved building, rather they enable the construction
phasing and financing of the development on the Severed lands and separate the balance
of the vacant lands for future development as the Retained lands for future development.
Planning Staff is of the opinion that the requested variances meet the general intent of the
Official Plan.
Page 226 of 246
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(ALSO KNOWN AS REGIONAL ROAD No. 15 BY BY-LAW No. 01-059)
(ESTABLISHED BY GORE DISTRICT QUARTER SESSIONS BY-LAW No -2, JULY 15, 1819)
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Figure 5 — Severance Sketch
REPORT:
Planning Comments Minor Variance Application A2025-054:
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 subject property is designated `Strategic Growth Area C' in the City's 2014 Official
Plan. The Strategic Growth Area C land use designation is intended to accommodate
significant intensification at high density. The requested variances represent no changes
to the physical location of the approved building, rather they enable the construction
phasing and financing of the development on the Severed lands and separate the balance
of the vacant lands for future development as the Retained lands for future development.
Planning Staff is of the opinion that the requested variances meet the general intent of the
Official Plan.
Page 226 of 246
General Intent of the Zoning By-law
The subject property is zoned "High Rise Growth Zone (SGA -4) (415) (95H)" in Zoning By-
law 2019-051. The purpose of this zone is to create opportunities for high-density growth
in both mid and high-rise forms. The general intent of the regulations for minimum lot
width, yard setbacks and physical separation is to ensure the lands are functional and that
there is adequate separation of buildings to avoid adverse impacts. The requested
variances represent no changes to the physical location of the approved building, rather
they enable the construction phasing and financing of the development on the Severed
lands and separate the balance of the vacant lands for future development as the
Retained lands for future development. The requested variances for yard setbacks and
physical separation represent relief to the new property line being established in the
request for severance. These variances are considered technical as the balance of the
lands (retained lands) will be developed as one functional site with the severed lands, and
the severance line will exist only for phasing/financing purposes. Planning 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?
No changes to the physical location of the building are proposed. Staff do not anticipate
any effects or adverse impacts as a result of the requested variances. In the opinion of
Planning Staff, the effects of the variances are considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The entirety of the subject lands are proposed to be redeveloped with high-rise multiple
dwellings, as is permitted in the land use designation and zone. The requested variances
will not change the proposed building form or location in any way, and the site will continue
to achieve it's planned function. Therefore, Planning Staff are of the opinion that the
requested variances are desirable for the appropriate development and use of the lands.
Planning Comments Consent Application 820225-017:
In considering all the relevant Provincial legislation, Regional and City policies and
regulations, Planning staff offer the following comments:
Provincial Planning Statement (PPS 2024)
Staff are satisfied that the proposed severance application is consistent with the Provincial
Planning Statement in general and as it related to housing policies in Chapter 2 regarding
intensification and facilitating housing options. Section 2.2 1 (b) states that Planning
authorities shall provide for an appropriate range and mix of housing options and densities
to meet projected needs of current and future residents of the regional market area by
permitting and facilitating all housing options required to meet the social, health, economic
and well-being requirements of current and future residents.
Regional Official Plan (ROP):
ROP Urban Area policies state that the focus of the Region's future growth shall be within
the Urban Area. The subject lands fall within the `Urban Area' and 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 and community infrastructure required for the
proposed residential development, including transportation networks, municipal water and
Page 227 of 246
wastewater systems, and a broad range of social and public health services. Regional
polices require 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. Staff are satisfied that the proposed
severance applications adhere to these policies and conforms to the ROP.
City's Official Plan (2014)
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.
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:
"17.E.20.5 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
properties."
The proposed severance requires a Minor Variance Application to correct deficiencies.
That analysis is included in the previous section of this report. The lot fabric for the lands
fronting King Street West between Pine Street and Andrew Street is irregular and does
follow a typical residential pattern with similar sized lots. Lot sizes and shapes vary and
there are discrepancies in use and scale of lands as lands are redeveloped for high-rise
development within the Protected Major Transit Station Area, Grand River Hospital Station
area. Finally, the lots have suitable frontage on a public street, access to full municipal
services, do not restrict development of adjacent properties, and do not require a plan of
Page 228 of 246
subdivision. As such, staff are satisfied that he proposed severances conform to the City
of Kitchener Official Plan.
Zoning By-law 2019-051
The property is zoned "High Rise Growth Zone (SGA -4) (415) (95H)" in Zoning By-law
2019-051. Requested variances for deficiencies have been addressed previously within
this report.
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 lot is
desirable and appropriate. The uses of both the severed and retained parcels are
permitted in the City's Official Plan and Zoning By-law. The severed lands front onto both
a local road (Pine Street) and a regional road (King Street West) which are established
public streets and are serviced with municipal services. Staff is further of the opinion that
the proposal is consistent with the Region of Waterloo Official Plan, the Provincial
Planning Statement, and is good planning and in the public interest.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
Application has been made for the apartment building. The Building Division has no
objections to the proposed Minor Variance and Consent Applications.
Engineering Division Comments:
Minor Variance
• Engineering has no concerns
Consent
• Kitchener Utilities and Engineering strongly recommends that a Non -Municipal
Drinking Water System is not implemented. Further, confirmation that the existing
150 mm watermain on Pine Street is sufficient to provide water demand for all
phases of development or if upsizing of the watermain is required.
• The site is eligible for the City's Central Neighborhood Intensification Funding
should servicing upgrades be required along Pine Street.
• Engineering understands that sanitary and storm servicing for the severed parcel
will run through the retained parcel. As part of Site Plan Application
SP24/069/K/ES. Engineering requires confirmation that private servicing easements
for sanitary, storm and stormwater management be provided.
• Engineering requires confirmation that there will be no future cross connection of
water servicing between the retained and severed parcels.
• Severance within the subject lands will require separate, individual water service
connections in accordance with City policies.
Page 229 of 246
• The owner is required to make satisfactory financial arrangements with the
Engineering Division for the installation of new service connections that may be
required to service the properties and disconnection / abandonment of existing
services that are no longer required.
• Any new driveways are to be built to City of Kitchener standards. All works are at
the owner's expense and all work needs to be completed prior to occupancy of the
building.
• A servicing plan will be required to the satisfaction of the Engineering Division.
• A Development Asset Drawing (digital AutoCAD) is required for the new municipal
infrastructure with corresponding layer names and asset information to the
satisfaction of the Engineering Division.
• The owner must ensure that the basement elevation of the buildings 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.
Parks/Operations Division Comments:
Cash -in -lieu of park land dedication for the severed lands will be required through Site
Plan Application SP24/069/K/ES. Cash -in -lieu of park land dedication for the Retained
lands will be required at time of future Site Plan application.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
The owner/applicant is seeking consent to sever lands at 864 King Street West to create a
new parcel totalling 3,045.1 square metres to facilitate the development of the lands in two
phases with a 45 -storey residential development inclusive of 304 residential units. The
retained parcel is proposed to be 3,259.6 square metres. A blanket easement is also
proposed that would apply to both properties for access and servicing. Regional staff
provided pre -submission consultation comments on this proposal on March 4, 2025.
Source Water Protection: The property is located within an area subject to Part IV of the
Clean Water Act. Regional staff note that the applicant negotiated a provisional Risk
Management Plan with the Risk Management Official (rmo(a-)-regionofwaterloo.ca) in Fall
2024 applicable to previous Zoning By-law Amendment Application ZBA24/022/K/ES; staff
also understand that a final Risk Management Plan is currently being negotiated with the
applicant in association with an in -progress site plan application. A valid Section 59 Notice
for site plan has not yet been issued.
Notwithstanding the above and consistent with pre -consultation comments, issuance of a
valid Notice of Source Protection Plan Compliance (Section 59 Notice) is required for this
Consent Application (to be required as a condition) separate from the Risk Management
Plan process for site plan. The applicant is asked to contact the Risk Management Official
to obtain the Notice for this consent application.
Environmental Noise: The Region is in receipt of a Noise Study related to the proposed
development on these lands entitled "Noise Feasibility Study, Proposed Residential
Page 230 of 246
Development, 864-872 King Street West, Kitchener, Regional Municipality of Waterloo,
ON" (prepared by HGC Engineering, dated July 24, 2024). Regional staff have reviewed
the study in relation to the Regional road noise source (King Street West) and have no
concerns with the study or its recommendations (which pertain only to the Retained lands).
Regional staff request that the Owner/Developer enter into a registered agreement with
the Region to implement the study's recommendations. Specifically, the following will be
required for inclusion in the agreement:
- The provision of central air conditioning for all units.
- Noise warning clauses included in any agreements of Offers of Purchase and Sale,
lease/rental agreements and condominium declarations:
East, west, and south facades:
Type 8:
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 (King Street West) 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, Conservation and Parks.
Type C.-
This
:This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by the
occupant in low and medium density developments 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, Conservation
and Parks.
Regional staff also note that an update to the Noise Study will be required in association
with a future Planning Act Application pertaining to the proposed Phase 2 of the
development (to be located on the Severed lands).
Environmental Threats: For the City's awareness, the Regional Threats Inventory
Database identifies "high" threats identified in the Regional Threats Inventory Database for
the subject lands (associated with past operations of Electrohome Ltd. and CTV Television
Inc.), as well as records of an historical landfill on and adjacent to the subject lands. This
information was also provided to the applicant in Regional comments associated with
ZBA24/022/K/ES on September 13, 2024.
Regional Consent Review Fee: Regional staff have not received the fee for consent
application review of $350 as per Regional By-law 24-052. The fee payment is requested
as a condition of consent approval.
Regional staff have no objection to Consent File B2025-016 subject to the following
conditions:
Page 231 of 246
1. That the Owner/Developer provide a valid Notice of Source Protection Plan
Compliance (Section 59 Notice) to the satisfaction of the Regional Municipality of
Waterloo.
2. That for the retained lands, the Owner/Developer enter into a registered development
agreement with the Regional Municipality of Waterloo to implement the environmental
noise recommendations specific to noise impacts from King Street West (Regional
Road No. 8) identified in the noise study report entitled "Noise Feasibility Study,
Proposed Residential Development, 864-872 King Street West, Kitchener, Regional
Municipality of Waterloo, ON" (prepared by HGC Engineering, dated July 24, 2024).
For the severed lands, the agreement shall also specify that an update to the noise
study assessing noise impacts associated with King Street West shall be completed
prior to site plan approval of any future development on these lands.
3. That the Owner/Developer submit the Consent Review Fee of $350 to the Regional
Municipality of Waterloo.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing the
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act
• Provincial Planning Statement (PPS 2024)
• Regional Official Plan (ROP)
• Official Plan (2014)
• Zoning By-law 2019-051
• DSD -2025-073
ATTACHMENTS:
Attachment A — Severance Sketch
Attachment B — Site Plan Drawing showing Phasing Lines
Page 232 of 246
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Region of Waterloo
Connie Owen
Administrative Clerk, Legislative Services
City of Kitchener
200 King Street West
Kitchener, ON N2G 4G7
CofA(a-)kitchener.ca
PLANNING, DEVELOPMENTAND
LEGISLATIVE SERVICES
150 Frederick Street, 8t" floor
Kitchener Ontario N2G 4J3 Canada
Telephone: 519-575-4400
Fax: 519-575-4449
www.regionofwaterloo.ca
Will Towns, MCIP, RPP
519-616-1868
File: D20-20/25 KIT
May 5, 2025
Re: Comments on Consent Applications: B2025-014 to B2025-017
Committee of Adjustment Hearing, May 20, 2025
City of Kitchener
Please accept the following comments for the above -noted consent applications to be
considered at the upcoming Committee of Adjustment Hearing.
Document Number: 4971747 Version: 2 Page 1 of 8
Page 235 of 246
File No: B2025-014
Address: 508 Fall Harvest Place
Description: Lot 27, Plan 58M-527
Owner: Mark Fackoury
Applicant: Tony Bocchino
The owner/applicant is seeking consent to add lands currently owned by the Grand
River Conservation Authority to a residential lot located at 508 Fall Harvest Place. The
application proposes to sever 180.2 square metres from Part 3, 58R-7207 and add
these lands to 508 Fall Harvest Place.
Regional staff have reviewed the application and have the following comments to
provide:
Environmental Threats: For City staff's awareness, the Threat Inventory Database
(TID) identifies no threats on or adjacent to 508 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 fees for review
of a consent application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
Document Number: 4971747 Version: 2 Page 2 of 8
Page 236 of 246
File No: B2025-015
Address: 512 Fall Harvest Place
Description: Lot 26, Plan 58M-527
Owner: Deer Ridge Heights Inc.
Applicant: Tony Bocchino
The owner/applicant is seeking consent to add lands currently owned by the Grand
River Conservation Authority to a residential lot at 512 Fall Harvest Place. The
application seeks to sever 342.5 square metres Part 3, 58R-7207 and add these lands
to 512 Fall Harvest Place.
Regional staff have reviewed the application and have the following comments to
provide:
Environmental Threats: For City staff's awareness, the Threat Inventory Database
(TID) identifies no threats on or adjacent to 512 Fall Harvest Place.
Regional Fees: Regional staff acknowledge receipt of the required $350 fees for review
of a consent application (received May 1, 2025). No additional fees are required.
Regional staff have no objection to this application.
Document Number: 4971747 Version: 2 Page 3 of 8
Page 237 of 246
File No: B2025-016
Address: 1950 Fischer Hallman Road
Description: Part Lots 158 and 159 German Company Tract
Owner: Schlegel Urban Developments Corp.
Applicant: GSP Group (c/o Richard Kelly-Ruetz)
The owner/applicant has applied for a consent to facilitate a long-term lease in excess
of 21 years in favour of a McDonald's on the subject lands (as previously reviewed by
Regional staff through site plan application SP23/024/F/CD). The proposed lease area
is approximately 1,457.1 square metres and consists of the restaurant building, stacked
drive-through lanes, seven parking spaces, and associated landscaping and walkway
areas.
Regional staff have reviewed the application and have the following comments to
provide:
Threats Inventory Database: For City staff's awareness, the Threat Inventory
Database (TID) identifies no threats on or adjacent to 1950 Fischer Hallman Road.
Regional Consent Review Fee: Regional staff have not received the fee for consent
review of $350 per application. The fee payment is requested as a condition of
approval.
Regional staff have no objection to B2025-016 subject to the following condition:
1. That the Owner/Developer submit the consent review fee of $350 to the Regional
Municipality of Waterloo.
Document Number: 4971747 Version: 2 Page 4 of 8
Page 238 of 246
File No: B2025-017
Address: 864 King Street West
Description: XLT 306, 319-320 PL 385 KITCHENER; PT LT 304-305, 312 PL 385
KITCHENER AS IN 1309823, SAVE & EXCEPT PTS 1 & 2 ON EX PL
WR838553 & PTS 1, 6 & 7, 58R18537;TM & S/T 725378; T/W 694748
Owners: Vive Development Corp.
Applicant: Craig Dumart
The owner/applicant is seeking consent to sever lands at 864 King Street West to
create a new parcel totalling 3,045.1 square metres to facilitate the development of the
lands in two phases with a 45 -storey residential development inclusive of 304 residential
units. The retained parcel is proposed to be 3,259.6 square metres. A blanket easement
is also proposed that would apply to both properties for access and servicing. Regional
staff provided pre -submission consultation comments on this proposal on March 4,
2025.
Source Water Protection: The property is located within an area subject to Part IV of
the Clean Water Act. Regional staff note that the applicant negotiated a provisional Risk
Management Plan with the Risk Management Official(rmo(a�regionofwaterloo.ca) in fall
2024 applicable to previous zoning by-law amendment application ZBA24/022/K/ES;
staff also understand that a final Risk Management Plan is currently being negotiated
with the applicant in association with an in -progress site plan application. A valid
Section 59 Notice for site plan has not yet been issued.
Notwithstanding the above and consistent with pre -consultation comments, issuance of
a valid Notice of Source Protection Plan Compliance (Section 59 Notice) is required for
this consent application (to be required as a condition) separate from the Risk
Management Plan process for site plan. The applicant is asked to contact the Risk
Management Official to obtain the Notice for this consent application.
Environmental Noise: The Region is in receipt of a noise study related to the proposed
development on these lands entitled "Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality of Waterloo,
ON" (prepared by HGC Engineering, dated July 24, 2024). Regional staff have reviewed
the study in relation to the Regional road noise source (King Street West) and have no
concerns with the study or its recommendations (which pertain only to the retained
lands). Regional staff request that the owner/developer enter into a registered
agreement with the Region to implement the study's recommendations. Specifically, the
following will be required for inclusion in the agreement:
- The provision of central air conditioning for all units.
- Noise warning clauses included in any agreements of Offers of Purchase and
Sale, lease/rental agreements and condominium declarations:
East, west, and south facades:
Type B.-
Document
:Document Number: 4971747 Version: 2 Page 5 of 8
Page 239 of 246
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 (King Street West) 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, Conservation and
Parks.
Type C.-
This
:This dwelling unit has been designed with the provision for adding central air
conditioning at the occupant's discretion. Installation of central air conditioning by
the occupant in low and medium density developments 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, Conservation and Parks.
Regional staff also note that an update to the noise study will be required in association
with a future Planning Act application pertaining to the proposed Phase 2 of the
development (to be located on the severed lands).
Environmental Threats: For the City's awareness, the Regional Threats Inventory
Database identifies "high" threats identified in the Regional Threats Inventory Database
for the subject lands (associated with past operations of Electrohome Ltd. and CTV
Television Inc.), as well as records of an historical landfill on and adjacent to the subject
lands. This information was also provided to the applicant in Regional comments
associated with ZBA24/022/K/ES on September 13, 2024.
Document Number: 4971747 Version: 2 Page 6 of 8
Page 240 of 246
Regional Consent Review Fee: Regional staff have not received the fee for consent
application review of $350 as per Regional By-law 24-052. The fee payment is
requested as a condition of consent approval.
Regional staff have no objection to Consent File B2025-016 subject to the
following conditions:
That the Owner/Developer provide a valid Notice of Source Protection
Plan Compliance (Section 59 Notice) to the satisfaction of the Regional
Municipality of Waterloo.
2. That for the retained lands, the Owner/Developer enter into a registered
development agreement with the Regional Municipality of Waterloo to
implement the environmental noise recommendations specific to noise
impacts from King Street West (Regional Road No. 8) identified in the
noise study report entitled "Noise Feasibility Study, Proposed Residential
Development, 864-872 King Street West, Kitchener, Regional Municipality
of Waterloo, ON" (prepared by HGC Engineering, dated July 24, 2024).
For the severed lands, the agreement shall also specify that an update to
the noise study assessing noise impacts associated with King Street West
shall be completed prior to site plan approval of any future development
on these lands.
3. That the Owner/Developer submit the consent review fee of $350 per
application to the Regional Municipality of Waterloo.
Document Number: 4971747 Version: 2 Page 7 of 8
Page 241 of 246
General Comments:
If any other applications are required to facilitate the application additional fees and/or
requirements may apply. Any submission requirements may be subject to peer review,
at the owner/applicant's expense as per By-law 24-052.
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.
Thank you,
Will Towns, MCIP RPP
Senior Planner
Regional Growth, Development and Sustainability Services
Regional Municipality of Waterloo
Document Number: 4971747 Version: 2 Page 8 of 8
Page 242 of 246
May 5, 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 — May 20, 2025
Applications for Minor Variance
A 2025-021
2880 King Street East
A 2025-043
82 Brunswick Avenue
A 2025-044
84 Brunswick Avenue
A 2025-045
191 Morgan Avenue
A 2025-046
241 Huck Crescent
A 2025-047
14 Jansen Avenue
A 2025-048
24 Amherst Drive
Applications for Consent
B 2025-016 1950 Fischer Hallman Road
B 2025-017 864 King Street West
via email
A 2025-049
42 Orchard Mill Crescent
A 2025-050
244 Samuel Street
A 2025-051
503 Victoria Street North
A 2025-052
573 Guelph Street
A 2025-053
575 Guelph Street
A 2025-054
864 King Street West
Grand River Conservation Authority (GRCA) staff have 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 243 of 246
From:
Pui Ming Leung
To:
Committee of Adiustment (SM)
Subject:
Comments, Enova Power, April 2025
Date:
Monday, May 5, 2025 9:51:20 AM
Attachments:
11111j)d
in
The following are the comments for Committee of Adjustment applications -April 2025.
82 / 84 Brunswick Ave:
Following the property severance, each municipal address must have an individual hydro
service. The meter base for the accessory dwelling unit (ADU) must be located in the same
area as the front units.
573/575 Guelph St:
The meter base for each unit must be installed at the front of the house. Installation on the
side wall is not permitted due to insufficient clearance.
864 King St W:
The building must maintain a minimum clearance of 5.5 meters plus required working space
from the primary hydro pole line. Refer to Standard D11111 for guidance. Additional
requirements can be found in the document:
Tech nical-Guidelines-for-properties-in-Kitchener-and-Wilmot-over-400-Amperes-rev-3-feb-
13-2024. pdf
Reminder for all applications:
Customers must submit a Service Request for any new hydro service connection or upgrade
using the following link:
Service Request Form - Engineering (Victoria Street Office) - Enova Power
Thanks,
Pui Ming Leung (she/her) I Design Technologist
Direct Number: 226-896-2200 (EXT 6205)
Mobile Number: 519-589-2659
puimin_.la eunq(a enovapower.com
301 Victoria Street South, Kitchener, Ontario, N2G 41_2
enovapower.com
UJ
This correspondence is directed in confidence solely to the addressees listed above. It may
Page 244 of 246
contain personal or confidential information and may not otherwise be distributed, copied or
used by the intended recipient. Ifyou are not the intended recipient, please delete the e-mail
and any attachments and notify the sender immediately. Click on the link to read the
additional disclaimer: https:Ilenovapower.com/disclaimer
Page 245 of 246
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