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Home My WebLink AboutDSD-20-130 - A 2020-066 - 110-136 Fergus AveREPORT TO:Committee of Adjustment DATE OF MEETING:September 15, 2020 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157 PREPARED BY:Richard Kelly-Ruetz,Planner–519-741-2200 ext. 7110 WARD:2 DATE OF REPORT:September 3, 2020 REPORT #:DSD-20-130 SUBJECT:A2020-066–110 Fergus Avenue Owner –VanLegend Fergus GP Corp. & VanLegend Fergus LP Applicant –Jennifer Voss (JV Planning & Development Consulting) Approve Location Map: 110 Fergus Ave *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 110 Fergus Avenueis zoned Community Institutional Zone (I-2)with Special Use Provision 103Uin Zoning By-law 85-1 and designated Institutionalinthe City’s Official Plan. Thesubject property contains a 165-unit Multiple Dwelling currently under construction. The applicants have received draft plan approval for a Plan of Condominium and are preparing to register the first phase, which will include 18 street townhouse-style units, shown below: Site plan showing the boundary of the first condominium registration onthe left side of the plan (18 units) as well as the location of the above-ground barrier-free spaces In order to register the first phase of the condominium, one of the conditions of draft plan approval is to meet the Zoning By-law parking requirementsfor all units within the boundary of eachphase.In this case, the first registration contains 18 units which requires23 parking spaces, including 4 visitor spaces and 1 barrier-free space. Within the boundary of the first phase, there are 23 parking spaces, including 4 visitor spaces, however there are no barrier-free spaces provided. The site plan above highlights the location of the above-ground barrier-free parking spaces, and it was not practical to include these within the boundary of the first registration. As such, the applicant is requesting relief from Section 6.7.1 of the Zoning By-law to allow the first phase of the condominium registration (18 units) to have 0 barrier-free parking spaces rather than the 1 required space. When the development is complete, the site will meet all parking requirements in the Zoning By- law, including the barrier-free space requirements. City Planning staff conducted a site inspection of the property on September 2, 2020. 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 offersthe following comments. 1.General Intent and Purpose of Official Plan Test The subject property is designated Institutionalin the Official Plan.It is worth noting that the development on the subject property was facilitated by theinstitutionalpolicies of the City’s 1994 Official Plan which permitted the Multiple Dwelling use. Since the development received its approvals in 2018-2019, appeals to the 2014 Official Plan were resolved and the plan has fully come into effect. The new zoning by-law which will implement the 2014 Official Plan is expected to bring forward new zoning on the subject property in the coming years to implement the Institutional land use designation. In time, it appears that the Multiple Dwelling use on the property will become legal non- conforming. As the Official Plan has policies recognizing legal non-conforminguses (notably 17.E.21), staff is satisfied that with this variance, the general intent and purpose of the Official Plan is maintained. The variance isprimarily a procedural one to facilitate the first phase of a condominium registration and will result in no physical changes to the site once it is fully constructed. 2.General Intent and Purpose of Zoning By-law Test The requested variance to allow 18 units of the first phase of a condominium development to proceed without providing the 1 required barrier-free space meets the general intent and purpose of the Zoning By-law. The purpose of the barrier-free space requirement is to provide larger parking spaces for persons who may need additional physical accommodations to enter and exit a vehicle. Each of the 18 units included in the first phase of the condominium registration are ‘street townhouse-style’ units, and each have their own private driveway and garage. Staff is satisfied that the general intent and purpose of the Zoning By-law is maintained and isof the opinion that the private driveways could feasibly serve a similar purpose as a ‘true’ barrier-free space. 3.“Minor” Test The variance can be considered minor as the private driveways for the first 18 units could serve a similar purpose as the 1 barrier-free space that is not being provided for the first 18 units. Furthermore, once the site is fully built-out, the developmentwill fully comply with all parking requirements, including barrier-free spaces. Staff is satisfied that the requested variance is minor. 4.Desirability for Appropriate Development or Use Test The requested varianceisappropriate for the development and use of the land,as the proposed reduction in the 1 barrier-free parking space for the first 18 units is temporary and only required to facilitate the first phase of a condominium registration. As the site is constructed, the property as a whole will provide the required amount of barrier-free parking spaces. Based on the foregoing, Planning staff recommends thatthis application be approved. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Given that the first stage of the development consists of 18 townhouse units that each have their own driveway for private use, Transportation Services does not have any concerns with the proposed application. Heritage Comments: The subject property is adjacent to an individually designated property under Part IV of the Ontario Heritage Act (119 Arlington Boulevard –Woodland Cemetery) and adjacent to the Woodland Cemetery Cultural Heritage Landscape. Heritage Planning staff has reviewed the Minor Variance application and is of the opinion that there are no impacts to the heritage attributes of the adjacent designated property. As such, Heritage Planning staff has no concerns. Environmental Comments: No Environmental Planning concerns. RECOMMENDATION A.That Minor Variance Application A2020-066requesting relief from Section 6.7.1 of the Zoning By-law to allow the first phase of the condominium registration (18 units) to have 0 barrier-free parking spaces rather than the 1 required space,BE APPROVED. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner August 31, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 4) VAR KIT, KANCO Kitchener, ON N2G 4G7 6) 55, LIVIU CANANAU 8) HURON VILLAGE 30T 01201 9) 04 URBAN, 80 MCGEE AVENUE 22) VAR KIT, EMMANUEL BIBLE COLLEGE 23) 04 URBAN, 297 OTTAWA STREET S. Dear Ms. Dyson: Re: Committee of Adjustment Applications September 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2020-045 1283 Victoria Street North No Concerns. 2) A 2020-046 221 Vanier Drive No Concerns. 3) A 2020-047 6 Pequegnat Avenue No Concerns. 4) A 2020-048 581 Strasburg Road No Concerns. 5) A 2020-049 26 6th Avenue No Concerns. 6) A 2020-050 598 604 608 Victoria Street South No Concerns. 7) A 2020-051 14 Tweedsmuir Court No Concerns. 8) A 2020-052 261 Woodbine Avenue No Concerns. 9) A 2020-053 80 McGee Avenue No Concerns. 10) A 2020-054 115 Parkvale Drive No Concerns. 11) A 2020-055 61 Irvin Street No Concerns. 12) A 2020-056 49 Lichty Crescent No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЌБЎБЍЊ Ћ tğŭĻ Њ ƚŅ Ћ 13)A 2020-057114 Blair Creek DriveNo Concerns. 14) A 2020-058 64 Grand Flats Trail No Concerns. 15) A 2020-059 132 Wilhelm Street No Concerns. 16) A 2020-060 36 Jacob Gingrich Drive No Concerns. 17) A 2020-061 35 Sheldon Avenue North No Concerns. 18) A 2020-062 6 Willow Green Court No Concerns. 19) A 2020-063 353 Krug Street No Concerns. 20) A 2020-064 193 Strange Street No Concerns. 21) A 2020-065 192 Woolwich Street No Concerns. 22) A 2020-066 110 Fergus Avenue No Concerns. 23) A 2020-067 297 Ottawa Street South No Concerns. 24) A 2020-068 175 Queen Street North No Concerns. 25) A 2020-069 20 Hollybrook Trail No Concerns. 26) A 2020-070 43 Hollybrook Trail No Concerns. 27) A 2020-071 158 Pondcliffe Court No Concerns. 28) A 2020-072 900 Pondcliffe Court No Concerns. 29) A 2020-073 916 Pondcliffe Court No Concerns. 30) A 2020-074 31 Wilfong Drive No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner P (519) 575-4500 Ext 3867 C (226) 753-0368 September 3, 2020 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:September 15, 2020 Committeeof Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance Asareminder, the attachedletter from Nancy Davy, Director of Resource Managementwas circulated to municipalities to indicate that GRCAstaff do not have the capacity to review all minor variance applications at this time.If the City would like to request the review of a specific application, please contact the undersigned. Otherwise, minor variance circulations received by GRCA will not be reviewed at this time and comments will not be issued. Applications for Consent B2020-026225Fairway RoadSouth B2020-02711Chicopee Park Court B2020-02811Chicopee Park Court B2020-029442Old Chicopee Trail B2020-03058Barbara Crescent B2020-031500KarnStreet B2020-032160Strange Street B2020-0334Westgate Walk B2020-034to B2020-036956. 958, 960, 962 Glasgow Street B2020-0371541Highland Road West The above-noted consent 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 questionsor require additional information, please contact me at 519-621-2763 ext. 2228or aherreman@grandriver.ca. 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 Page 1of 1 the Grand River Conservation Authority.