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HomeMy WebLinkAboutDSD-2021-45 - A 2021-030 - 80 Courtland Avenue East REPORT TO: Committee of Adjustment th DATE OF MEETING: April 20, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 9 th DATE OF REPORT: April 9, 2021 REPORT NO.: DSD-2021-45 SUBJECT: Minor Variance Application A2021-030 80 Courtland Avenue East Applicant Andrea Sinclair, MHBC Planning Owner 2441912 Ontario Inc. RECOMMENDATION: That application A2021-030 requesting permission to a allow a health office/clinic with a minimum parking requirement at a rate of 1 space per 26 square metres of gross floor area whereas a minimum of 1 space per 15 square metres of gross floor area is required; be approved subject to the following conditions; 1. That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. 2. That a Zoning (Occupancy) Certificate is obtained from the Planning Division to establish the Health Office/Clinic use on the property. st 3. That all conditions shall be completed prior to June 1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions, will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.2 a) of the Zoning By-law to permit a health office or health clinic with a minimum parking requirement of 9 spaces at a rate of 1 space per 26 square metres of gross floor area rather than the required 16 spaces at a minimum of 1 space per 15 square metres of gross floor area. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map 80 Courtland Avenue East BACKGROUND: The property is designated as Low Density Commercial Residential in the Mill Courtland Woodside Park Secondary Plan within a Major Transit Station Area on The property is zoned as Commercial Residential One Nine Zone (CR-1) in Zoning By-law 85-1. The applicant is proposing to convert the existing building to a health office use and expand the parking area further to the rear of the property, while removing the existing accessory structure. REPORT: Planning Comments: 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: General Intent of the Official Plan The subject property is designated Low Density Commercial Residential in the Mill Courtland Woodside designation is to recognize existing areas of small scale commercial and residential development as well as to allow for the low rise, low density redevelopment of such areas with commercial, institutional, and residential uses. Permitted commercial uses are restricted to a limited number of commercial uses which includes health office and health clinic. Commercial and residential uses may be within separate buildings or may be contained within the same building. The proposed variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the parking rate for Health Office/Clinic is to ensure that there is a sufficient supply of parking for the high demand generated by a Health Office/Clinic use. The current 85-1 Zoning By- law requires the higher parking rate, however, it is the intent of the new 2019-051 Zoning By-law to reduce the parking requirement for properties that are within Major Transit Station Areas. This property would fall into that category and the proposed parking rate of 1 space per 30 square metres is greater than the request of 1 space per 26 square metres. Furthermore, the applicant has informed staff that the proposed tenant would be the sole practitioner on site, and the reduction in spaces would continue to provide sufficient patient parking as appointments are scheduled accordingly, so that the number of patients is limited at one time. It is the opinion of staff that the variance for a parking reduction meets the general intent of the Zoning By-law. Is the Variance Minor? The variance can be considered minor as it is the opinion of staff that the proposed reduced parking rate will result in a loss of only seven spaces, which not negatively impact the proposed health office/clinic use. It is noted that the applicant has provided information that the proposed tenant will be a single health practitioner, which will have appointments appropriately spaced apart, resulting in fewer parking spaces being required. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. There are no intentions to modify the existing structure, and the property will be subject to an updated site plan to meet further City zoning regulations. The development will not negatively impact the existing character of the subject property or surrounding neighbourhood. st City Planning staff conducted a site inspection of the property on March 31, 2021. Photo of Subject Property (Front and Rear view) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the health office is obtained prior to any construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Based on the proposed use, the current parking requirement is 1 parking space per 15 square metres, where a variance of 1 parking space per 26 square metres is being requested. The requested variance is in line with the proposed regulations through By-law 2019-51 (CRoZBy) and therefore, Transportation Services does not have any concerns with the proposed application, provided that the patient turnover per hour is at an acceptable rate. Heritage Comments: There are no heritage planning concerns. 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 and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The property municipally addressed as 80 Courtland Avenue East is located within the Cedar Hill Neighbourhood CHL. The City has undertaken additional work on examining the CHL significance of the CHL area through its work on drafting a new Secondary Plan for the Cedar Hill neighbourhood. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the CHL, please visit the following link: www.kitchener.ca/npr. Environmental Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. April 07, 2021 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (6) 53 COURTLAND, 80 COURTLAND AVENUE Kitchener, ON N2G 4G7 EAST 2441912 ONTARIO INC. (9) 53 FAIRWAY, SEC WOOLNER TRAIL AND FAIRWAY ROAD NORTH WCDSB Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting April 22, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-019 30 Waterbow Trail No Concerns. 2) A 2021-026 11 Whitney Place No Concerns. 3) A 2021-027 573 Guelph Street No Concerns. 4) A 2021-028 11 Springdale Drive No Concerns. 5) A 2021-029 20 Munroe Street No Concerns. 6) A 2021-030 80 Courtland Avenue East No Concerns. 7) A 2021-031 660 Avondale Avenue No Concerns. 8) A 2021-032 81 Waterloo Street No Concerns. 9) A 2021-033 Fairway & Woolner No Concerns. 10) A 2021-034 59 Carisbrook 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 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЏЊЏЎВЉ tğŭĻ ƚŅ Ћ 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 C (226) 753-0368 2 Docs #3573963 April 8, 2021 Dianna Saunderson Via email only City of Kitchener 200 King StreetWest Kitchener, ON, N2G 4G7 Dear Ms. Saunderson, Re:April 20,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A2021-01930 Waterbow Trail A2021-02611Whitney Place A2021-027573Guelph Street A2021-02811Springdale Drive A2021-02920Munroe Street A2021-03080Courtland Avenue East A2021-031660Avondale Avenue A2021-03281Waterloo Street Applications for Consent B2021-01583Elmsdale Drive B2021-01683Second Avenue B2021-01782Pattandon Avenue B2021-018-020942Doon Village Road B2021-021-023654Rockway Drive 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 questions or require additional information, please contact me at 519-621-2763 ext. 2228 or 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.