HomeMy WebLinkAboutCSD-18-037 - A 2018-014 - 223, 229 & 235 Heiman St�, Staff Report
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REPORT TO: Committee of Adjustment
DATE OF MEETING: February 20, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073
WARD: 9
DATE OF REPORT: February 8, 2018
REPORT # CSD -18-037
SUBJECT: Application #: A2018-014, 223-235 Heiman Street
Applicant: MHBC Planning
Approve
RECOMMENDATION
That application A2018-014 requesting relief from Section 41.2.1 of the Zoning By-law to
permit a Floor Space Ratio (FSR) of 1.16 whereas the Zoning By-law allows 1.0 be
approved without conditions.
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Subject Properties
Location map: 223-235 Heiman Street
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REPORT
Planning Comments:
The subject property is zoned Residential Seven Zone (R-7) and is designated as Medium Rise
Residential within both the 1994 & 2014 Official Plan. The owner is proposing to develop the
subject lands with a new 6 storey 55 unit multiple dwelling and retain the existing three and half
storey 23 unit multiple dwelling for total of 78 affordable dwelling units on the subject properties
located at 223, 229 & 235 Heiman Street. To facilitate the development the owner is proposing
to increase the Floor Space Ratio (FSR) (which is the figure obtained when the building floor
area on a lot is divided by the lot area) from 1.0 to 1.16 FSR. As such, the applicant is
requesting relief from Section 41.2.1 of the Zoning By-law to allow an FSR of 1.16 rather than
the required 1.0.
Staff conducted a site visit on January 30, 2018.
Subject Lands 223-235 Heiman Street (January 30, 2018)
In considering the four tests for 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:
The subject properties are designated Medium Rise Residential in both the City's 2014
Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however
a significant number of Medium Rise Residential policies from the 2014 Official Plan are
under appeal and therefore are not being relied upon for this report. Instead Medium Rise
Residential Policies 3.1.3.1 and 3.1.3.3 from the 1994 Official Plan which allow for medium
density forms of housing such as multiple residential dwellings with a Floor Space Ratio
(FSR) to a maximum of 2.0 with a height maximum of 8 stories is being relied upon to
determine whether the proposed variance meets the general intent of the Official Plan. It is
planning staffs opinion that the proposed variance meets the general intent of the Official
Plan which encourages a range of different forms of housing to achieve a medium density
neighbourhood. The requested variance is appropriate as the proposed FSR is less than
the maximum of 2.0 outlined in the Official Plan and less than 8 stories in height. The
proposed development will be compatible with the surrounding residential neighbourhood
with respect to height and massing, and will not create unacceptably adverse impacts on
adjacent properties.
2. The requested variance meets the general intent of the Zoning By-law. The intent of the
FSR regulation in the Zoning By-law is to ensure the new development is of a scale and
massing that is compatible with the surrounding residential neighbourhood. It is staff's
opinion increase of 0.16 in FSR is minor and that the design and location of buildings on
site will have minimal impacts on the surrounding residential neighbourhood. As such, it
is staffs opinion that the requested variance for increased FSR is appropriate.
3. The proposed variance can be considered minor and appropriate for the development and
use of the land which is compatible with adjacent land uses and is appropriately scaled for
the neighbourhood. It is staffs opinion that the proposed minor variance will have minimal
impact of the surrounding residential development due to the location and orientation of
buildings proposed on site. It is staffs opinion that this development is considered good
planning.
4. The proposed variance is appropriate for the development and use of the land as the
proposed residential use is a permitted use in the Zoning By-law. The scale, massing and
height of proposed building will not negatively impact the existing character of the subject
property or surrounding neighbourhood.
Heritage Comments:
Heritage Planning staff has no concerns with the proposed variance.
Building Comments:
The Building Division has no objections to the proposed variance.
Environmental Planning Comments:
No concerns.
Transportation Services Comments:
Transportation Services have no concerns with the proposed application.
Engineering Services Comments:
No concerns.
Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
February 08, 2018
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File: D20-20/
VAR KIT GEN
(1) / KING KIT, Grand River Hospital
(6)/08 WEBER KIT, Lin Corp Solutions Inc.
(9) /04 URBAN, Urban Oakloft Inc.
(10, 14, 15)/53 Fairway, Fusion Homes
(11)/VAR KIT, Revel Development Corp.
(16, 17)/ 55, Silicon North Real Estate Inc.
(18, 19)/VAR KIT, Marlea Developments
Re: Committee of Adjustment Meeting on February 20, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 835 King Street West (SG 2018-002): No concerns.
2. 125 Highland Road East (SG 2018-003): No concerns.
3. 12 Redtail Street (A 2018-005): No concerns.
4. 48 Crosswinds Drive (A 2018-006): No concerns.
5. 56 Crosswinds Drive (A 2018-007): No concerns.
6. 1087 Weber Street East (A 2018-008): No concerns to this application. However,
the owner please be advised that any redevelopment application on these lands
would require a dedicated road widening up to 13.10 metres from Weber Street
centre line.
7. 211 Strange Street (A 2018-009): No concerns.
8. 7 Peachwood Court (A 2018-010): No concerns.
9. 241 and 247 Ottawa Street South (A 2018-011): No concerns.
10.481 Rivertrail Avenue (A 2018-012): No concerns.
11. 65, 71 and 79 Madison Avenue South (A 2018-013): No concerns.
12. 223 to 235 Heiman Street (A 2018-014): No concerns.
13.298 Mill Street (A 2018-015): No concerns.
14.139 Rockcliffe Drive (future) (A 2018-016): No concerns.
15.143 Rockcliffe Drive (future) (A 2018-017): No concerns.
16. 647 Victoria Street South (A 2018-018): No concerns.
17. 659 Victoria Street South (A 2018-019): No concerns.
DOCS: 2643154
18. 185 Forfar Avenue (A 2018-020): No concerns.
19.185 Forfar Avenue (A 2018-021): No concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
Grand River Conservation Authority
Resource Management Division
Trisha Hughes, Resource Planner
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
PLAN REVIEW REPORT; City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
February 9, 2018 A 2018-014 — 223-235 Heiman A2018-014 — 223-235 Heiman St
Street
RE: Application for Minor Variance A 2018-014
223-235 Heiman Street, City of Kitchener
Spavest Incorporated (223, 229 Heiman St), Frank and Marry Ellen Jungton (235
Heiman St)
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted
minor variance. We have comments to be addressed when finalizing the Site Plan, as
detailed below. Based on current plans, a GRCA permit is required prior to
grading/construction.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the lands contain the
Shoemaker Creek floodplain and its associated 5 metre allowance. As such, a
portion of the property is regulated by the GRCA under Ontario Regulation 150/06.
2. Legislative/Policy Requirements and Implications:
Based on our review of the above noted application and the letter from MHBC dated
January 15, 2018, we have no objection to the minor variance.
Please note that we have previously reviewed this development through Site Plan
Application SP17/109/H/CD and provided comments on October 5, 2017 to be
addressed when finalizing the plans (see enclosed). We also provided comments on
January 12, 2018 requesting that the applicant consider another location for the
transformer pad, as development should be directed outside the floodplain.
Based on the current plans shown on the Minor Variance Sketch prepared by MHBC
(January 10, 2018) and the Site Plan (Drawing A1.1) prepared by IBI Group
(December 20, 2017), development appears to be proposed within the GRCA
regulated area and a permit will be required prior to grading/construction, as per
Ontario Regulation 150/06. We recommend further consultation with GRCA once the
final site and grading plans are available so we can review any changes and confirm
that a permit is required.
3. Plan Review Fees:
Based on the October 5, 2017 comments on Site Plan application SP17/109/H/CD,
the 'Minor' site plan application fee of $390 was required. Based on our records, we
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did not send out the invoice for SP17/109/H/CD. With a copy of this correspondence
and the enclosed SP17/109/H/CD comments, the applicant will be invoiced in the
amount of $390. As we are requesting a plan review fee for the Site Plan application,
we will not charge for our review of the current minor variance application.
A separate fee would be required for a permit application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
f%
Trisha Hughes '
Resource Planner
Grand River Conservation Authority
Encl. GRCA comments dated October 5, 2017 re: Site Plan Application
SP17/109/H/CD
cc: Spavest Inc. c/o Vincent Xinbo Lu, 550 Wintersburg Walk, Waterloo, ON N2V
2N9
Frank and Mary Ellen Jungton, 235 Heiman Street, Kitchener, ON N2M 3M2
MHBC Planning Ltd. c/o Kate Wills, 540 Bingemans Drive, Suite 200, Kitchener,
ON N2B 3X9
* These comments are respectfully submitted as advice and reflect resource
concerns within the scope and mandate of the Grand River Conservation
Authority
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