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Home My WebLink AboutDSD-2022-024 - A 2022-002 - 79-87 Scott Street, 66-82 Weber Street East, 12-29 Pearl Place Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 18, 2022 SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 7, 2021 REPORT NO.: DSD-2022-024 SUBJECT: Consent Application - A2022-002 79-87 Scott Street, 66-82 Weber Street East, 12-29 Pearl Place Owner: Killam Apartment REIT Applicant: Chris Pidgeon, GSP Group RECOMMENDATION: That application A2022-002 requesting permission to permit 0 parking spaces for a restaurant use whereas 30 parking spaces for a restaurant use at a rate of 1 space per 9.5 square metres are required; be approved subject to the following conditions; 1. That a Zoning (Occupancy) Certificate is obtained for the from the Planning Division to establish the Restaurant use on the property. 2. The applicant agrees to enter into an agreement registered on title to ensure the provision of the following: 16 additional bicycle parking spaces above the required minimum (as noted in the TDM Checklist included with the submissions). st 3. That all conditions shall be completed prior to January 31, 2023. 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 0 parking spaces for a restaurant use whereas 30 parking spaces for a restaurant use at a rate of 1 space per 9.5 square metres is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map 79-87 Scott Street, 66-82 Weber Street East, 15-29 Pearl Place BACKGROUND: The property is designated as Medium Density Commercial Residential in the Central Frederick Neighbourhood Secondary Plan within Major Transit Station Area The property is zoned as Commercial Residential Two Zone (CR-2) with Special Regulations and Use Provisions 115R, 552R, 125U and 407U in Zoning By-law 85-1. A site plan application has been approved for the construction of an 11-storey mixed use building which features 172 residential units with at grade and underground parking. An existing building at 82 Weber Street East will maintain the existing office uses. The applicant is proposing to convert some of the proposed amenity space within the new building to contain a restaurant use. The proposed at grade parking on the property will be shared between the office uses, visitor parking, and the proposed restaurant use. The owner has also incorporated an increased amount of bicycle parking to be provided on site, and through this application will increase the amount of bicycle parking by 16 spaces. 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 Medium Density Commercial Residential in the Central Frederick The intent of the Medium Density Commercial Residential designation is to allow for medium density residential, office and institutional development. Permitted commercial uses are restricted to offices, health clinic/office, restaurants, as we as a few other limited number of commercial uses. Commercial and residential uses may be within separate buildings or may be integrated in mixed use developments. Section 13.C.7 of the Official Plan also supports transportation demand management measures as a way to reduce traffic congestion, parking supply needs and demand for parking spaces by encouraging alternative modes of travel. 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 a restaurant use is to ensure that there is a sufficient supply of parking for the high demand generated by a restaurant 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. It is also the direction of 2019-051 to permit commercial parking and visitor parking to be shared for mixed use developments. This property would fall into that category. Furthermore, the property is directly adjacent to the urban growth centre where there is no minimum parking requirement for a restaurant use. The property is also a short walk away from the LRT corridor and Frederick St. LRT station. The site plan application incorporated extra TDM measures by including an increased amount of bicycle parking. Through this application the amount of bicycle parking required will increase by 16 spaces. The parking that is located on site will be shared for all commercial uses and visitor spaces for the residential building. 58 spaces are located on site for this purpose and the applicant has provided a parking justification study that staff have reviewed and are in full support. The 58 spaces provided for shared use will be adequate for the intended uses on site. 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 not negatively impact the proposed residential and commercial uses on site. It is noted that the applicant has provided information that the proposed parking spaces will be shared among the uses on the property and there will be sufficient parking for each of the uses throughout the day. 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 or site layout that is currently under construction, and staff will ensure the property meets the 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 December 31, 2021. Photo of Subject Property (Front and Rear view) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support the proposal based on the supporting documents provided by Salvini Consulting. As a condition of approval, the applicant agrees to enter into an agreement registered on title to ensure the provision of the following: a. 16 additional bicycle parking spaces above the required minimum (as noted in the TDM Checklist included with the submissions). Heritage Comments: The properties municipally addressed as 87 Scott Street and 82 Weber Street East are listed as non- Register. Based on the nature of the minor variance application, which includes a reduction in parking spaces for a restaurant use, and that no negative impacts to the listed properties are anticipated as a result of the minor variance, Heritage Planning staff has no concerns. Environmental Comments: No environmental planning concerns. Approved Site Plan 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 sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: A2019-023 Minor Variance Application January 05, 2022 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT 21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE ONTARIO INCORPORATED (2) /08 WEBER KIT, 82 WEBER STREET WEST INTER BUILDING INVESTMENTS LIMITED (7)/69, 110 MANITOU DRIVE SCOTT PATTERSON Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 001 85 Green Valley Drive No Concerns. 2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place No concerns. 3) A 2022 - 003 53 Margaret Avenue No Concerns. 4) A 2022 - 004 470 Blair Creek Drive No Concerns. 5) A 2022 - 005 86 Chestnut Street No Concerns. 6) A 2022 - 006 49 Lower Mercer Street No Concerns. 7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance. The owners are made aware that a dedicated road widening of approximately 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЊЌЍЎЉ tğŭĻ Њ ƚŅ Ћ 2.13m will be required along entire property frontage along Manitou Drive for any future development application e.g. a Site Plan/Consent application stage. 8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance. 9) A 2022 - 009 764 Stirling Avenue South No Concerns. 10) A 2022 - 010 129 Max Becker Drive No Concerns. 11) A 2022 - 011 43 Maurice Street 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 C (226) 753-0368 CC: Sarah Goldrup CofA@Kitchener.ca 2 January 6, 2022 Sarah Goldrup Via email Committee Administrator City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re: Committee of Adjustment Meeting – January 18, 2022 ______________________________________________________________________ Applications for Minor Variance A 2022-001 85 Green Valley Drive A 2022-002 79-87 Scott Street and 66-82 Weber Street East and 12-29 Pearl Place A 2022-003 53 Margaret Avenue A 2022-004 470 Blair Creek Drive A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-008 210 Waterloo Street A 2022-010 129 Max Becker Drive A 2022-011 43 Maurice Street Applications for Consent B 2022-001 26 Edgewood Drive B 2022-002 670 Fairway Road South B 2022-003 74 Rutherford Drive B 2022-004 to 006 32 Burgetz Avenue 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 at jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. 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 1 of 1 the Grand River Conservation Authority.