Loading...
HomeMy WebLinkAboutDSD-2025-417 - A 2025-110 - 600 Queen St S Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: October 21, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: October 8, 2025 REPORT NO.: DSD-2025-427 SUBJECT: Minor Variance Application A2025-110 600 Queen Street South RECOMMENDATION: That Minor Variance Application A2025-110 for 600 Queen Street South requesting relief from Site Specific Provision (10) of Zoning By-law 2019-051, to permit a building having 12 storeys instead of the maximum permitted 11 storeys within the maximum permitted building height of 37.5 metres, to facilitate a Residential Care Facility having 144 units, in accordance with Site Plan Application SP23/007/Q/KA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and make recommendations on Minor Variance Application A2025-110. The key finding of this report is Planning Act and approval is recommended. 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, and this report was Adjustment meeting. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is located on the west side of Queen Street South, located between the abutting the Ironhorse Trail and CN railway. The site is currently vacant, having previously been developed with two commercial buildings. Figure 1: Site View (Taken October 3, 2025) The Urban Corridor Urban Structure and is Mixed Use Figure 2: Official Plan Land Use Designation (Site In Red) Mixed Use Two Zone (MIX-2)Site Specific Provisions (10) and (45)and Holding Provision (60Hin Zoning By-law2019-051. The site was subject to previous Official Plan and Zoning By-law Amendment Applications, both of which received approval and are in full force and effect. The Zoning By-law Amendment introduced site specific provisions, including building height, which set maximum building height in both storeys and metres (11 storeys and 37.5 metres, respectively). Following the approval of the OPA and ZBA, a Site Plan Application was received, and was granted onditionally Approv. The 37.5 metre height is being maintained, but internally the building is revised to be 12 storeys rather than 11 storeys, which requires a variance. Figure 3: Zoning By-Law 2019-051 (Site In Red) 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 Policy 4.C.1.8 provide direction where a Minor Variance is requested. Of particular relevance to this application is policy 4.C.1.8.a): Any new buildings and any additions and/or modifications to existing buildings are appropriate in massing and scale and are compatible with the built form and the community character of the established neighbourhood and will have regard to Section 11 of this Plan, the City's Urban Design Manual, and any site-specific Urban Design Brief or Urban Design Report and Urban Design Scorecard. The proposed development is not changing in massing, as the approved height maximum of 37.5 metres is still being maintained. Internal revisions result in an additional storey, going to 12 storeys rather than the site-specific regulation of 11 storeys. As no massing change is planned, an appropriate massing, as concluded through the approval of the Zoning By-law Amendment, is maintained. Accordingly, the variance will maintain the general intent of the Official Plan. General Intent of the Zoning By-law The general intent of maximum height provisions are to appropriately scale buildings to their surroundings, limiting potential impacts such as shadowing, and built form transition. The overall building height is not changing; the overall building height of 37.5 metres is maintained, and only internal changes result in the development being 12 storeys rather than the previous 11 storeys. While the number of storeys is changing, the height of the building is not, continuing to meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? As the requested variance is due to internal revisions to the building, there is no impact to massing or height of the building as approved through the previous OPA/ZBA applications. Therefore, as no external changes are occurring, the effect of the variance is considered minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The requested variance will result in additional floor area for the residential care facility, with no massing alterations to the development. The variance is technical in nature, achieving a desirable outcome of additional programming space for the residential care facility. Environmental Planning Comments: No natural heritage features/functions. Trees and compliance with the Tree Management Policy would have been addressed as part of Site Plan Application SP23/007/Q/KA by the Urban Designer. Heritage Planning Comments: No comments. Building Division Comments: The Building Division has no objections to the proposed variance provided a building permit for the new residential care facility is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks and Cemeteries/Forestry Division Comments: All Parks and Forestry requirements will be addressed through Site Plan Application SP23/007/Q/KA. Transportation Planning Comments: Transportation Services have no concerns with this application. Region of Waterloo No concerns. Six Nations of the Grand River Elected Council (SNGREC) Comments: Advisory comments: Haldimand Tract and 1701 Nanfan Treaty Preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. Development has or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounted rooms/beds for Six Nations members. Please contact lrlust@sixnations.ca to schedule a meeting to collaborate on determining compensation. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. lines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices- Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective- lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of pla SNGREC requests that the proponent commits to these actions during this phase of the application. Planning Staff Response: time and will work with the Owner/Applicant during the Site Plan Approval process to address the Bird and Light Friendly Design and Landscaping comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises i Planning Division. Notice of the application is also mailed to all property owners within 30 metres of the subject property, however given the Canada Post Strike this was not possible. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 ATTACHMENTS: Attachment A Site Plan Attachment B Building Elevation Attachment A Site Plan Attachment B Building Elevation Septmeber 29th, 2025 Connie Owen City of KitchenerFile No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting October 21, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 – 076 – Sydney Street South – No Concerns 2) A 2025 – 101 – 199 Breithaupt Street – No Concerns 3) A 2025 – 102 – 282 Tremaine Cresent – No Concerns 4) A 2025 – 103 – 129 Saint George Street – No Concerns 5) A 2025 – 104 – 23 Donnenwerth Drive – No Concerns 6) A 2025 – 105 – 1010 Copper Leaf Cresent – No Concerns 7) A 2025 – 106 – 43 Maurice Street – No Concerns 8) A 2025 – 107 – 904 Isaiah Place – No Concerns 9) A 2025 – 108 – 32 & 42 Windom Road – No Concerns 10) A 2025 – 109 – 29 Ednad Street – No Concerns 11) A 2025 – 110 – 600 Queen Street South – No Concerns 12) A 2025 – 111 – 396 Southill Drive – No Concerns 13) A 2025 – 112 – 54 Mount Hope & 509 Park Street – 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. Document Number: 5085291 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, Joshua Beech Falshaw Transportation Planner jbeechfalshaw@regionofwaterloo.ca Document Number: 5041192 October 3, 2025 via email 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 October 21, 2025 Applications for Minor Variance A 2025-101 199 Breithaupt Street A 2025-102 282 Tremaine Crescent A 2025-103 129 St.George Street A 2025-104 23 Donnenwerth Drive A 2025-105 1010 Copper Leaf Crescent A 2025-106 43 Maurice Street A 2025-107 904 Isaiah Place A 2025-108 32 & 42 Windom Road A 2025-109 29 Edna Street A 2025-110 600 Queen Street South A 2025-111 396 Southill Drive A 2025-112 509 Park Street & 54 Mount Hope Street Applications for Consent B 2024-031 829 Stirling Avenue South B 2025-026 96 Third Avenue B 2025-027 60 Gage Avenue B 2025-028 62 Gage Avenue B 2025-029 64 Gage Avenue B 2025-030 66 Gage Avenue B 2025-031 509 Park Street & 54 Mount Hope Street 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 haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority From:Committee of Adjustment (SM) To:Siobhan Delaney Subject:FW: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Date:Wednesday, October 1, 2025 10:12:52 AM Attachments:Outlook-yu3kjswx.png From: Emmett Vanson <LRLUST@sixnations.ca> Sent: Wednesday, October 1, 2025 9:53 AM To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchener.ca> Cc: Peter Graham <LRCS@sixnations.ca> Subject: SNGREC Environmental Committee of Adjustment Comments Oct 21 Meeting Sekon (Hello), Included are my comments for the Oct 21 CoA Meeting on behalf of Six Nations of the Grand River Elected Council (SNGREC). A2025-110: 600 Queen St S Comments relate to the overall development. Please convey these comments to the proponent and for any further stages of the application. Haldimand Tract and 1701 Nanfan Treaty Preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. Development has occurred on Six Nations’ traditional territory without consultation or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees SNGR’s right to harvest and hunt on this property for perpetuity, but this proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Treaty Rights Compensation Further development of the land infringes on Six Nations Aboriginal and Treaty Rights by essentially guaranteeing land will not be returned to a natural state and by impacting the environment through emissions and use of resources. Developments on this land fall under the Duty to Consult and Accommodate, meaning Six Nations of the Grand River must be consulted with and accommodated for impacts to their rights. SNGREC requires that this development is paired with compensation for impacts to these rights and to the environment. Compensation should include environmental enhancement and could also include other forms such as increased numbers of affordable units and discounted rooms/beds for Six Nations members. Please contact lrlust@sixnations.ca to schedule a meeting to collaborate on determining compensation. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. Please see the City of Toronto’s bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase’s capacity allows. SNGREC requests that the proponent commits to these actions during this phase of the application. A2025-112: 54 Mt. Hope & Portion of 509 Park ST Comments relate to the overall development. Please convey these comments to the proponent and for any further stages of the application. Haldimand Tract and 1701 Nanfan Treaty Preamble Six Nations of the Grand River (SNGR) Territory is within the most highly urbanized land in Canada. Development has occurred on Six Nations’ traditional territory without consultation or consent of SNGR. The cumulative effects of this intense development has contributed to significant environmental degradation and, as a result, Six Nations has experienced severe impacts on its ability to exercise Aboriginal and Treaty Rights that are not only set out in the treaties themselves but are also recognized and affirmed in Section 35 of the Constitution Act, 1982. These treaty lands are subject to unresolved litigation and any infringement upon our treaty rights must be fully mitigated by the proponent. The 1701 Nanfan Treaty guarantees SNGR’s right to harvest and hunt on this property for perpetuity, but this proposal undermines those rights. SNGR must be accommodated to mitigate any harm to its treaty rights caused by the proponent. Bird and Light Friendly Design SNGREC requests that the building is designed using bird and light friendly practices. This includes minimizing reflective surfaces, creating visual markers on windows, and directing light downwards. Please see the City of Toronto’s bird friendly practices for glass and for lighting as guidelines and implement them thoroughly across the entire design: https://www.toronto.ca/wp-content/uploads/2017/08/8d1c-Bird-Friendly-Best-Practices-Glass.pdf https://www.toronto.ca/wp-content/uploads/2018/03/8ff6-city-planning-bird-effective-lighting.pdf SNGREC requests commitment to explore and implement thorough bird and light friendly practices at this phase of the application. Landscaping SNGREC requires that native plant species are prioritized in landscaping efforts, and that invasive or potentially invasive species are completely avoided. Please provide SNGREC with a landscape plant list before procurement begins. SNGREC requests that the proponent uses Kayanase Plant Nursery for procurement of plants if Kayanase’s capacity allows. SNGREC requests that the proponent commits to these actions during this phase of the application. Thank you for taking these comments. Please reach out if you have any questions or concerns. Niá:wen (thank you), Emmett Vanson, BSc. (he/him) Land Use and Stewardship Technician Six Nations of the Grand River Elected Council Lands and Resources Department lrlust@sixnations.ca Confidentiality Notice: This email, including any attachments, is for the sole purpose of the intended recipients and may contain private, confidential, and privileged information. Any unauthorized review; use, disclosure or distribution is prohibited. If you are not the intended recipient or this information has been inappropriately forwarded to you, please contact the sender by reply email and destroy all copies of the original.