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HomeMy WebLinkAboutDSD-19-057 - A 2019-024 - 51 Benton StJ Staff Report KIR Community Services Department www.krtchenerca REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: Committee of Adjustment April 16, 2019 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 9 April 8, 2019 DSD -19-057 AMENDMENT A 2019-024 — 51 Benton Street Applicant — Osama Abo Nassar Owner — 2249429 Ontario Inc Approve with Conditions REPORT Planning Comments: This application was originally scheduled for consideration at the March 19, 2019, Committee of Adjustment meeting; however, it was deferred to the April meeting in order that staff could review a parking study (PS) and transportation demand management plan (TDMP). The requested study and plan, prepared by Paradigm Transportation Solutions Ltd, was submitted to staff on March 13, 2019. The property is zoned Commercial Residential Three (CR -3) with a Site Specific Regulation, 136R, in By-law 85-1 and is designated as High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan of the City's 1994 Official Plan. Staff visited the site on March 8, 2019. The owner is requesting permission to legalize an existing two-storey building having 29 off-street parking spaces rather than the required 79 spaces for 1,380 sq. m. of gross floor area (gfa) for a plaza. The second storey is currently vacant and being repurposed for medical office use. History: The subject property received minor variance approval, A 2015-071, in 2015, to permit the main floor of the existing building to be converted into medical offices. A parking reduction was approved for 29 spaces rather than the required 62 spaces for 916 square metres. At that time, a transportation parking study was submitted which supported the variance requested. The owner is now requesting to renovate the second floor and convert the space into an additional 414 square metres of medical offices for a total of 1,380 square metres of multiple units for medical professionals. Parking calculation The current bylaw parking requirement was determined by using a plaza (3 or more businesses) calculation for 30% of the building and using a health clinic calculation for the remaining 70% of the clinic. The applicant has advised that the total multi -tenant uses occupy 1,380 sq.m. Thirty percent = 414 sq.m / 27 (plaza rate) = 15 spaces required for 30% of the building. Seventy percent = 966 sq.m. / 15 (health clinic rate) = 64 spaces. Therefore the total required parking is 15 + 64 = 79 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. General Intent of the Official Plan Transportation policies in the Official Plan support a parking reduction for properties contained within an area where there is adequate alternative parking facilities available, or where it can be demonstrated that such reductions will not negatively affect the neighbourhood. The owner has submitted a PS and a TDMP report which support the requested parking reduction. The City's Transportation Planning staff has accepted the report and supports the variance request. Consequently, it is staff's opinion that the variance will not negatively impact the surrounding community and therefore meets the general intent of the Official Plan. General Intent of the Zonina By-law The general intent of the parking requirement is to ensure that there is sufficient parking provided for the employees and clients to the property. The site has been operating with a medical clinic located on the main floor since 2016 with no concerns to date. The proposed expansion of uses into the vacant second floor has been studied and comments received in the PS and TDMP provided by the owner. As noted in the study, the property, which is located near the downtown, is well serviced by walking and transit facilities which include multiple bus routes and a future LRT station less than 100 metres from the site. The study notes that the proposed variance is supportable provided all of the parking spaces are kept available for use (snow is not to be stored in the spaces) and provided additional bicycle parking spaces are provided. It is staff's opinion that the general intent of the Zoning By-law is met. Variance is minor The parking reduction has been studied and thoroughly reviewed in the PS and TDMP provided by the owner. The City's Transportation Planning staff has accepted the report and they are in support of the requested parking reduction. Based on the above report and other comments noted above, staff is of the opinion that the variance is minor. Variance appropriate for subject property and surrounding neighbourhood The variance is considered appropriate for subject property and surrounding neighbourhood. As noted in comments above, there has been no concern with parking to date as the site provides sufficient alternates for the on-site parking deficiency. The owner will continue to provide sufficient alternatives that would not appear to negatively impact the property or surrounding area. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: A parking study and TDM plan was submitted (March 2019) by Paradigm Transportation Solutions Ltd. in support of this application and after reviewing the report, Transportation Services offer the following comments. On page i of the study, it is noted that five (5) on-site parking spaces were unavailable due to snow storage. The applicant should ensure that all on-site parking spaces are available at all times. • On page iii of the study, Transportation Services support the installation of three (3) additional secure bicycle parking spaces. Based on the alternative modes of transportation in the area (walking, GRT bus routes, ION stations) and additional parking (on -street and Charles/Benton parking garage), Transportation Services can support the proposed parking variance provided that the above two (2) points are completed. Engineering Comments: No concerns. Heritage Planning Comments: The subject property, municipally addressed as 51 Benton Street, is listed on the Municipal Heritage Register. The subject property is adjacent to 43 Benton Street which is a designated property under Part IV of the Ontario Heritage Act and the subject property is also adjacent to the Victoria Park Area Heritage Conservation District. Heritage Planning staff has reviewed the proposed variance and concludes that a reduction in parking spaces will not have adverse impact on the subject property or the adjacent heritage properties. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 51 Benton Street is advised that the property is located within the Cedar Hill Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION: That application A 2019-024 requesting permission to legalize an existing two-storey building having 29 off-street parking spaces rather than the required 79 spaces for 1,380 square metres of gross floor area where the second storey is currently vacant and being repurposed for medical office use, be approved, subject to the following conditions: 1) That the Site Plan be updated, which includes the installation of three (3) additional secure bicycle parking spaces; 2) That the owner should ensure that all on-site parking spaces are available at all times; and, 3) That condition #1 above be completed by September 1, 2019. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in this decision. Failure to complete the conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner J Staff Report Ki' NER Community Services Department www.krtchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 19, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 9 DATE OF REPORT: March 11, 2019 REPORT #: DSD -19-057 SUBJECT: A 2019-024 — 51 Benton Street Applicant — Osama Abo Nassar Owner — 2249429 Ontario Inc Deferral FWD! REPORT Planning Comments: The property is zoned Commercial Residential Three (CR -3) with a site-specific regulation, 136R, in By- law 85-1 and is designated as High Density Commercial Residential in the Cedar Hill Neighbourhood Secondary Plan of the City's 1994 Official Plan. Staff visited the site on March 8, 2019. The owner is requesting permission to legalize an existing two-storey building having 29 off-street parking spaces rather than the required 79 spaces for 1,380 sq. m. of gross floor area (gfa) for a plaza. The second storey is currently vacant and being repurposed for medical office use. The subject property received minor variance approval, A 2015-071, in 2015, to permit the existing building to be converted into a medical office. A parking reduction was approved for 29 spaces rather than the required 62 spaces for 916 square metres on the main floor of the building. At that time, a Transportation Parking Study was submitted which supported the above noted parking variance. The owner is now requesting to renovate the second floor and convert the space into an additional 414 square metres of medical offices for a total of 1,380 square metres of multiple units for medical professionals. Staff met with the consultant and the owner previously and advised that an updated Transportation Study would be required and it was expected that the study would be available at the beginning of the review period for the March meeting. However, due to recent weather conditions, the study was delayed and staff have not yet be able to review the report. It is recommended by Planning and Transportation Planning staff that this application be deferred to the April 16th meeting in order to consider the independent professional report. Building Comments: No comments received. Transportation Services Comments: Transportation Services cannot provide comments at this time as we are awaiting a parking justification study from the applicant that is to be reviewed and approved by Transportation Services staff. Engineering Comments: No concerns. Heritage Planning Comments: The subject property, municipally addressed as 51 Benton Street, is listed on the Municipal Heritage Register. The subject property is adjacent to 43 Benton Street which is a designated property under Part IV of the Ontario Heritage Act and the subject property is also adjacent to the Victoria Park Area Heritage Conservation District. Heritage Planning staff has reviewed the proposed variance and concludes that a reduction in parking spaces will not have adverse impact on the subject property or the adjacent heritage properties. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 51 Benton Street is advised that the property is located within the Cedar Hill Neighbourhood CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION: That application A 2019-024 requesting permission to legalize an existing two-storey building having 29 off-street parking spaces rather than the required 79 spaces for 1, 380 square metres of gross floor area for a plaza where the second storey is currently vacant and being repurposed for medical office use, be deferred. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo February 27, 2019 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, Sth 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.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce 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 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: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill 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, CPT 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.