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Home My WebLink AboutDSD-18-175 - A 2018-131 - 414 & 424 Prospect Ave1 Staff Report Ki _R Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 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: 2 DATE OF REPORT: November 29, 2018 REPORT # DSD -18-175 SUBJECT: Application #: A2018-131, 414 and 424 Prospect Avenue Applicant: Labreche Patterson & Associates Recommendation to Approve 734 128 --124 91182, 722 _J � r r r. I Subject Property 117 448 V L �r IO Z 35J `82 Q89 V� 78� 85 479 1D42 - r`- .. °jam 2 ❑ l74� 77 485 489, kR TU 2. 21 71 15 62 Q' 65 6 1027 I �F ��1 87 �67 I eeST G..� i �7� rte. Location map: 414 and 424 Prospect Avenue REPORT Planning Comments: The subject property is zoned Residential Six Zone (R-6) and is designated as Low Rise Residential in the City of Kitchener's Official Plan. The owner is proposing to develop the subject lands with two multiple dwelling buildings consisting of 24 units. To facilitate the development the owner is requesting relief from Section 40.6 of the Zoning By-law 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 0.6 to 0.75 FSR. Additionally the owner is requesting to reduce the onsite parking requirements and is requesting relief from Section 6.1.2 of the Zoning By-law to allow a parking rate of 1.08 spaces per unit rather than the required 1.75 spaces per unit. Furthermore, the applicant is requesting relief from Section 6.1.2 b) vi) a) of the Zoning By-law to allow a visitor parking rate of 8 percent of the required parking rather than 15 percent. Staff conducted a site visit on November 14, 2018. Subject Lands at 414 & 424 Prospect Avenue 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 property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as multiple dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staffs opinion that the proposed variances meet the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor change to increase the Floor Space Ratio and reduce parking rates will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The general intent of Floor Space Ratio requirements in the Low Rise Residential designation is to regulate the massing and scale of a development to ensure compatibility with surrounding areas. To further ensure compatibility, the Low Rise Residential designation does not allow residential buildings to exceed three storeys in height. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variances are appropriate. 2. The requested variance to increase the Floor Space Ratio meets the general intent of the Zoning By-law. The intent of the Floor Space Ratio 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. The requested variances to reduce the parking rate to 1.08 spaces per unit and reduced visitor parking rate of 8 percent meets the general intent of the Zoning By-law. The purpose of the 1.75 parking spaces per unit regulation and 15 percent visitor parking rate is to ensure there are adequate parking spaces provided for residents and visitors of multiple dwellings. To support the proposed parking rate, the applicant submitted a parking justification study for the subject site, which recommends that 1.08 spaces per unit would be appropriate for the size of this development and a 8 percent visitor space rate will provide adequate visitor parking spaces to visitors of the proposed multiple dwellings. Transportation Staff supports the findings of the parking justification study and has no concerns with the proposed parking rate. As such, it is staff's opinion that the requested variances for increased Floor Space Ratio and decreased parking rates are appropriate. 3. The proposed variances 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 variances will have minimal impact of the surrounding low rise residential development due to the location and orientation of buildings proposed on site. It is staff's opinion that this development is considered good planning. 4. The proposed variances are 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, height and setbacks of proposed buildings 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. Environmental Planning Comments: The requirement for a Tree Management Plan will be addressed through the Site Plan process. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed stacked townhouses is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has reviewed the parking justification study and has no concerns with the proposed parking rate of 1.08 spaces per unit including 8% visitor parking spaces. Engineering Services Comments: No concerns. RECOMMENDATION That application A2018-131 requesting relief from Section 40.2.6 of the Zoning By-law to permit a Floor Space Ratio (FSR) of 0.75 whereas the Zoning By-law allows 0.6 relief from Section 6.1.2 of the Zoning By-law to allow a parking rate of 1.08 spaces per unit rather than the required 1.75 spaces per unit and relief from Section 6.1.2 b) vi) a) of the Zoning By-law to allow a visitor parking rate of 8 percent of the required parking rather than 15 percent, be approved without conditions. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo November 29, 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 No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on December 11, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2018-014 — 321 Fischer Hallman Road — No Concerns 2. SG 2018-015 — 371 Franklin Street North — No Concerns 3. A 2018-126 — 468 Trussler Road — No Concerns 4. A 2018-128 — 24 Crosswinds Drive — No Concerns 5. A 2018-129 — 398 Rivertrail Avenue — No Concerns 6. A 2018-130 — 374, 380 and 384 Prospect Avenue — No Concerns 7. A 2018-131 — 414 and 424 Prospect Avenue — No Concerns 8. A 2018-132 — 114-120 Victoria Street South — No Concerns 9. A 2018-133 — 121 Walter Street — No Concerns 10.A 2018-134 — 76 Grand Flats Trail — No Concerns 11. A 2018-135 — 171 Rivertrail Avenue — No Concerns 12. A 2018-136 — 248 Shady Glen Cres — No Concerns 13. A 2018-137 — 1 Goodrich Drive AKA 1 Chandaria Place — No Concerns 14. A 2018-138 — 242, 254 and 262 Queen Street South — No Concerns 15. A 2018-139 — 16 Chapel Hill Drive — No Concerns 16. A 2018-140 — 405 and 409 Nyberg Street — No Concerns 17.A 2018-141 — 1800 Victoria Street North — 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 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. Document Number: 2877629 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: December 3, 2018 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2018-014 321 Fischer Hallman Road SG 2018-015 371 Franklin Street North FN 2018-003 626 Blair Creek Drive Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-123 106 Ahrens Street West A 2018-125 810 Frederick Street A 2018-126 468 Trussler Road A 2018-128 24 Crosswinds Drive A 2018-129 398 Rivertrail Avenue A 2018-130 374, 380 & 384 Prospect Avenue A 2018-131 414 & 424 Prospect Avenue A 2018-133 121 Walter Street A 2018-134 76 Grand Flats Trail A 2018-135 171 Rivertrail Avenue A 2018-136 248 Shady Glen Crescent A 2018-137 1 Goodrich Drive/1 Chandaria Place A 2018-138 242, 254 & 262 Queen Street South A 2018-139 16 Chapel Hill Drive Applications for Consent: B 2018-121 59 Irvin Street B 2018-122 20 Victoria Marie Court/15 Prince Albert Boulevard B 2018-124 34 Third Avenue B 2018-126 53 Second Avenue B 2018-127 385 Frederick Street GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.