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Home My WebLink AboutDSD-18-184 - A 2018-140 - 405 & 409 Nyberg StStaff Report Development Services Department J AZR 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: Lisa Thompson, Planning Technician — 519-741-2200 ext. 7847 WARD: 9 DATE OF REPORT: November 29, 2018 REPORT #: DSD -18-184 SUBJECT: A2018-140 405/409 Nyberg Street Applicant — Kristen Barisdale, GSP Group Approve with Conditions REPORT Planning Comments: r art tas + Onpoint image of subject property The subject property is located at 405/409 Nyberg Street at the intersection of Borden Avenue South. The property is designated Open Space City's Official Plan and zoned Existing Use (E-1) with Special Use Provision 420U which permits a variety of uses to operate within the existing building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance The property was originally developed as a manufacturing/warehouse building and has been converted into a multi -tenant building with studio and office uses. The parking deficiency was identified through the process of tenants applying for a Zoning Certificate of Occupancy. Staff have been working with the owner to develop a site plan that will provide the most possible parking on the site. The building has an area of approximately 1700m2, with studios occupying 1125m2 of the building and offices occupying the balance of the building at 575m2. Proposed Parking Plan The owner has applied to the Committee of Adjustment to seek a reduction in the required number of parking spaces on site. City Planning staff conducted a site inspection of the property on November 29, 2018. The applicant is requesting relief from Section 6.1.2 a) of the Zoning By-law to provide 39 parking spaces rather than the required 49 spaces. The zoning by-law requires parking spaces to be calculated based on the uses in the building which have been identified as studios and offices. Based on the floor area information provided by the owner, the studio uses require 28 parking spaces and the office uses require 21 spaces. Through working with the owner and applicant, a parking area with 39 functional parking spaces is proposed, resulting in a parking deficiency of 10 spaces. 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 offer the following comments. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Nyberg Haat _—_-73 as — _—___—__.—__.—___—_—_—_—_—_—_ m zt ii m 3 A ♦ ♦ • � 3.0 � . v •A fl° K 7.3— . n FycaT NG 9IJILGING p 0 55 Ll tN 11 3D ucsuan 31 V . � I, 1 t 98.5m Paling PiwYe1]95ynres Palvrg ��mm Gine®v2fm a5,5m 9arer Free Pmxkel2sPa;ez �n Fire M'einun LGneivors TpeA-34mx5Sn Tlpe 6-24m x 5.Sm PARKING PLAN REVISED R®5 SCALE ' 5° City of Kitchener COM6111NIlYSERVICES OEPARTINEM LE_ pl-MG "' 4d5-009hlY8ERGST onTerw�mers.zRis Proposed Parking Plan The owner has applied to the Committee of Adjustment to seek a reduction in the required number of parking spaces on site. City Planning staff conducted a site inspection of the property on November 29, 2018. The applicant is requesting relief from Section 6.1.2 a) of the Zoning By-law to provide 39 parking spaces rather than the required 49 spaces. The zoning by-law requires parking spaces to be calculated based on the uses in the building which have been identified as studios and offices. Based on the floor area information provided by the owner, the studio uses require 28 parking spaces and the office uses require 21 spaces. Through working with the owner and applicant, a parking area with 39 functional parking spaces is proposed, resulting in a parking deficiency of 10 spaces. 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 offer the following comments. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance The variance meets the general intent of the Official Plan as the Open Space designation allows the ongoing use of a building for permitted uses. 2. The variance meets the general intent of the Zoning By-law as the studio and office uses are permitted on the property in accordance with Special Use Provision 420U of By-law 85.1. The modest reduction in parking meets the general intent of the Zoning By-law as a proper parking lot with 39 parking spaces will be provided on site. There is also on -street parking available on Nyberg Street and the site is adjacent to the new LRT system on Borden Avenue South. 3. The variance is minor for the following reasons. Staff is of the opinion that 39 parking spaces is adequate to support the uses in the building as the studio uses have a heavier parking demand in the evening and the office uses have a higher parking demand in the daytime. The off -set business hours will ensure that parking is available for all tenants. This site also has the benefit of on -street parking on Nyberg Street that can be utilized and access to the future LRT system. 4. The variance is appropriate for the development and use of the land. The conversion of an old manufacturing/warehouse building to studio and office uses is considered appropriate for the property. Parking will be available on site for the tenants and the location of the site adjacent to the new LRT system will provide an alternative mode of transportation to further reduce the demand for parking on the site. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: No concerns with the proposed variance. Transportation Services Comments: No concerns with the proposed variance. Engineering Comments: No concerns with the proposed variance. RECOMMENDATION That application A2018-140 requesting relief from Section 6.1.2 a) of the Zoning By-law to provide 39 parking spaces rather than the required 49 spaces be approved subject to the following condition: 1. The owner shall receive final approval of Site Plan Application SP17/075/N/LT and construct the parking lot within six months of the date of site plan approval. Lisa Thompson, CPT Planning Technician Juliane von Westerholt, BES, MCIP, RPP Senior Planner *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance 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 P1 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: YOUR FILE: November 30, 2018 A 2018-140 — 405 & 409 Nyberg St. RE: Application for Minor Variance A 2018-140 405 and 409 Nyberg Street, City of Kitchener Braun's Property Management Inc. 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 Fax: (519) 621-4945 E-mail: thughes@grandriver.ca GRCA FILE: A2018-140 — 405 and 409 Nyberg St GRCA COMMENT*: Grand River Conservation Authority (GRCA) staff have no objection to the above noted minor variance. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available in this office indicates that the entire property is within the floodplain (floodway) of Schneider Creek. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: Due to the floodplain, the entire property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. The above -noted property is located within a Two Zone Floodplain Policy Area. In designated Two Zone Areas the floodplain contains two sections - the floodway and the flood fringe. The floodway is the area of the floodplain required to pass the flows of greatest depth and velocity. The flood fringe lies between the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood fringe are much less than those in the floodway, allowing for limited development to occur. No new development is permitted within the floodway. We note that the subject property is located within the floodway portion of the floodplain. It is our understanding that the purpose of this application is to request relief from the number of parking spaces required. No new development is being proposed. As such, we have no objection to the minor variance. Please note that any future development proposed within GRCA regulated areas will require prior written approval from the GRCA in the form of a permit pursuant to Ontario Regulation 150/06. If future development is proposed on the property, early consultation with GRCA is recommended to discuss the proposed development and whether it would meet GRCA policies. Pagel of 2 *These comments are respectfuhZj submitted as adhdce and reflect resource concerns within the scope and mandate of the Grand River Conservation Authorial, 3. Plan Review Fees: This application is considered a `minor' minor variance application and the applicable plan review fee is $260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of $260.00. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority Encl. cc: Braun's Property Management Inc., 405 Nyberg St, Kitchener, ON N2G 2ZI GSP Group c/o Kristen Barisdale, 72 Victoria St S, Suite 201, Kitchener, ON N2G 4Y9 Page 2 of 2 " These comments are respectfully submitted as adhdce and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority