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Home My WebLink AboutDSD-2022-091 - A 2022-017 - 86 Cedar St, South Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 15, 2022 SUBMITTED BY: Brian Bateman, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Sheryl Rice Menezes, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 8, 2022 REPORT NO.: DSD-2022-091 SUBJECT: Minor Variance A 2022-017 - 86 Cedar Street South, Owner: D.D. Acquisitions Partnership Agent: Stevan Gacesa RECOMMENDATION: That application A2022-017 requesting relief from Section 6 of Zoning By-law 85-1 to permit a multiple dwelling, having 80 dwelling units (with 2 units having a gross floor area of 51 square metres or less), to have 86 parking spaces instead of the required 98 parking spaces, to have 10 visitor parking spaces instead of the required 20 visitor parking spaces, and relief from Section 42.2.3 to permit a landscaped area of 17.8% instead of the minimum required 20% and to permit ground floor dwelling units without an exclusive use patio area, to facilitate the conversion of interior space on the ground floor of the existing multiple dwelling into an additional dwelling unit, be approved. BACKGROUND: The subject property is located on the northerly side of Cedar Street South between Chruch Street and St. George Street, in the Cedar Hill Neighbourhood, and contains an existing multiple dwelling with 79 dwelling units. High Density Multiple Residential in the Cedar Hill Neighbourhood Secondary Plan in the 1994 Official Plan. It is located in a Major Transit Station area a s shown on Map 2 -Urban Structure in the 2014 Official Plan. The property is zoned Residential Nine Zone (R-9) in Zoning By-law 85-1. This property was originally developed with a 75-unit multiple dwelling in approximately 1973. Subsequently, two previous minor variance approvals legalized additional units. The *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. newest owner would like to add one additional dwelling unit within the existing building for a total of 80 units. Site Plan Application SP21/102/C/SMR has been submitted to facilitate the conversion and is currently under review. Subject property REPORT: General Intent of the Official Plan The High Density Multiple Residential multiple dwellings and lodging house and may permit a limited amount of personal services and small convenience provided they are internal to a large multiple dwelling. This designation permits residential development densities in excess of 200 units per hectare. The maximum Floor Space Ratio is 4.0, that is, the above grade building floor area will not exceed 4.0 times the lot area. This property is located within a Major Transit Station area and the reduction of visitor and resident parking spaces can be supported by its location to public transportation. The addition of the dwelling unit and associated variances will meet the intent of the Official Plan. General Intent of the Zoning By-law The intent of the visitor and resident parking space requirement is to ensure adequate parking spaces are available on site. The subject property is located in a Major Transit Station Area andhas access to multiple public transit options, such as bus and light rail transit. As well, the property is located close to many services and the downtown where residents may walk to visit businesses. And visitors may also take public transit and walk and/or bike to the subject property. Transportation Planning have no concerns with the variances. The intent of the 20% minimum landscaped area is to ensure that the site is not overly developed with hardscape and parking services, and to provide some amenity area for the residents. A reduction of 2.2% is an existing condition and the addition of the dwelling unit will not exacerbate this condition and staff are in support of this variance. The intent of the private patio area for ground floor units is to ensure that there is an amenity area for the tenants. It is noted that two previous variances have approved conversion of dwelling units without private patio areas. Though there will not be a private amenity area for the additional unit, the existing building is close to parks and other outdoor recreation opportunities. Is the Variance Minor? As noted above, the variances meet the intent of the Official Plan and Zoning By-law and the additional of the dwelling unit in the existing building will have negligible impacts to abutting properties and the neighbourhood. Is the Variance Appropriate? The variances are desirable and appropriate to allow for an additional dwelling unit to be developed within the existing building. Staff are currently reviewing Site Plan Application SP21/102/C/SMR to ensure that resident parking, visitor parking and bike parking is supplied and denoted on site. Building Comments: The Building Division has no objections to the proposed variances. Application has been made to for the additional unit being added to the existing apartment and is currently under review. Transportation Planning Comments: This is an existing site with a static amount of off-street parking available and is well situated to take advantage of alternative modes of transportation which are less vehicle dependent, such as ION (Kitchener Market Station), Grand River Transit, cycling and walking. Based on these factors, Transportation Services will support the proposed total 86 off-street parking spaces for the site, from the required 98 parking spaces and support the 10 off- street visitor parking spaces from the required 20 visitor spaces. 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 86 Cedar StreetSouth islocated 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/Schneider Creek area. For more information on the outcome of this CHL analysis and the specific recommendations which may impact properties located within the Cedar Hill Neighbourhood CHL, please visit the following link: www.kitchener.ca/npr. Engineering Comments: No comment. Environmental Planning Comments: No comment. 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 the 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 division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Committee of Adjustment Decision A 115/99 to permit conversion of ground floor storage area to dwelling units without outdoor private patio area and to reduce the number of parking spaces from 80 to 77 spaces for 77 apartment units. Committee of Adjustment Decision A 2014-062 to permit conversion of existing space on ground floor into two new bachelor units without exclusive use patio area and to provide 77 parking spaces rather then the required 19 spaces. Site Plan Application SP21/102/C/SMR Under Review January 27, 2022 Sarah Goldrup City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) /BLOCK 129 30T 08204 TRUSSLER NORTH SUBDIVISION (7) /04 URBAN, 1768 OTTAWA STREET SOUTH REGION OF WATERLOO PUMP HOUSE Subject: Committee of Adjustment Meeting February 15, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 006 49 Lower Mercer Street No Concerns. 2) A 2022 - 011 43 Maurice Street No Concerns. 3) A 2022 - 012 158 Forest Creek Drive No Concerns. 4) A 2022 - 013 41 Moore Avenue No Concerns. 5) A 2022 - 014 21-39 Benninger Drive No Concerns. 6) A 2022 - 015 25 Brock Street No Concerns. 7) A 2022 - 016 1768 Ottawa Street South No Concerns. 8) A 2022 - 017 86 Cedar Street South No Concerns. 9) A 2022 - 018 81 Shanley Street (Severed) No Concerns. 10) A 2022 - 019 81 Shanley Street (Retained) No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌВЌАЎЎВ tğŭĻ Њ ƚŅ Ћ 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: Kristen Hilborn, City of Kitchener CofA@Kitchener.ca 2 February 2, 2022 Via email February 15, 2022 CofA Meeting Sarah Goldrup City of Kitchener 200 King Street West Kitchener, Ontario, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting – February 15, 2022 Applications for Minor Variance A 2022-003 53 Margaret Avenue A 2022-005 86 Chestnut Street A 2022-006 49 Lower Mercer Street A 2022-011 43 Maurice Street A 2022-012 158 Forest Creek Drive A 2022-013 41 Moore Avenue A 2022-014 21-39 Benninger Drive A 2022-015 25 Brock Street A 2022-016 1768 Ottawa Street South A 2022-017 86 Cedar Street South A 2022-018 81 Shanley Street (Severed) A 2022-019 81 Shanley Street (Retained) Applications for Consent B 2022-007 654 Rockway Drive B 2022-008 442 Old Chicopee Trail B 2022-009 114 Doon Valley Drive B 2022-010 113 Walter Street B 2022-011 44 Wilhelm Street B 2022-012 20 Breithaupt Street (Severed) B 2022-013 20 Breithaupt Street (Retained) B 2022-014 81 Shanley Street Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications for minor variance and consent. GRCA has no objection to the approval of the applications listedabove. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and, therefore, a permission from GRCA is not required. Should you have any questions, please contact the undersigned at jconroy@grandriver.ca or 519-621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority