HomeMy WebLinkAboutDSD-2022-351 - A 2022-095 - 165 Courtland Ave E
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-351
SUBJECT: Minor Variance Application A2022-095 - 165 Courtland Avenue East
Owner: RG Boyer Holdings Ltd
Applicant: Evan Wittman, GSP Group
RECOMMENDATION:
That Minor Variance Application A2022-095 for 165 Courtland Avenue East requesting relief
from Section 6.1.2 a) of Zoning By-law 85-1, to permit a parking requirement of 0.76 parking
spaces per dwelling unit (23 parking spaces) instead of the minimum required 1.25 parking
spaces per dwelling unit (38 parking spaces), generally in accordance with drawings
prepared by Edge Architects Ltd, dated March 16, 2022, in accordance with Site Plan
Application SP20/064/C/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting a minor variance for a reduction in required parking for a 4-storey,
30-unit multiple dwelling development.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south side of Courtland Avenue East between Madison
Avenue South and Cedar Street South.
Major Transit Station Area Urban Structure and is
Low Density Commercial Residential12 Mill Courtland Woodside Park
Neighbourhood Plan for Land Use in the 1994 Official Plan.
The property is zoned as -in Zoning By-law 85-1.
Site Plan Application SP20/064/C/ES has been submitted and is currently under review, to facilitate
the development of the subject property with a 4 storey multiple residential building having 30
dwelling units.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: View of Subject Property (165 Courtland Avenue East)
The Committee of Adjustment granted approval of Minor Variance Application A2021-089 in August
2021 to reduce the required parking rate from 1.25 parking spaces per dwelling unit to 0.9 parking
spaces per dwelling unit. During detailed design, geotechnical and hydrogeological investigations
revealed a high water table which resulted in the removal of the underground level that was proposed
to be used for bicycle storage. This area has been relocated to ground floor, which results in a loss
of vehicle parking spaces. This requires a new request for a minor variance to further reduce the
parking rate to 0.76 spaces per unit. The purpose of this application is to allow for the development
of a 4-storey, 30-unit multiple dwelling with a rate of 0.76 parking spaces per dwelling unit (23 parking
spaces instead of 38 parking spaces).
Figure 2: Rendering of Proposed Building
Figure 3: Site Plan Drawing with 23 Parking Spaces
Figure 4: View of Vacant Site (July 7, 2022)
REPORT:
Planning Comments:
In considering the four tests for the 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 Park Secondary Plan in the Official Plan. This designation intends to recognize areas of
small-scale commercial development and residential development with a maximum Floor Space
Ratio (FSR) of 1.0. The proposed development is for 30 units with a proposed FSR of 0.98. The
request for a parking reduction does not interfere with the intent of the Low Density Commercial
Residential designation in the Mill Courtland Woodside Park Secondary Plan. Therefore, the
requested variance meets the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the regulation that requires 1.25 parking spaces per dwelling unit is to ensure that there
is adequate vehicle storage on site. This property is located in a Major Transit Station Area and is
walking distance from Route 6 GRT bus stop on Courtland Avenue as well as the Kitchener Market
LRT Station. The development is also proposing 35 Class A (indoor, secured) bicycle parking spaces
in a dedicated storage room within the building. This represents more than one secure indoor bicycle
parking space per unit whereas none are required as per the current zoning by-law. Given the
provision of alternative transportation options proposed with this development, and its location in an
MTSA, staff is of the opinion that 23 parking spaces (0.76 per unit) is adequate for vehicle storage
on site. Therefore, staff is of the opinion that the requested variance meets the general intent of the
Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The proposal represents a small reduction in required vehicle parking that is not expected to cause
adverse impacts. Therefore the requested variance is considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The subject property is within the Central Neighbourhoods and is within walking distance from
downtown amenities. Staff is of the opinion that the reduction in required vehicle parking is
appropriate within a Major Transit Station Area.
Environmental Planning Comments:
Natural heritage and tree management policy concerns have been addressed through the Site Plan
application SP20/064/C/ES.
Heritage Planning Comments:
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 165 Courtland Ave E. 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/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.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
Parks/Operations has no comment.
Transportation Planning Comments:
Given the TDM measures that the development is providing as part of the development (37 Class A,
8 Class B, 5 EV ready spaces) and that the site is located within a Major Transit Station Area,
Transportation Services can support a reduced parking rate of 0.76 parking spaces per dwelling unit.
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 of 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 parties to find
the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Minor Variance Application A2021-089
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (1994)
Mill Courtland Woodside Park Secondary Plan
Zoning By-law 85-1
ATTACHMENTS:
No attachments.
June 28, 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 (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT
(5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING
FARMS SUBDIVISONS 30T 91005 30T 02206
(11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH
AND 21 WEBER STREET WEST KIAH GROUP INC.
(12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
(19)/12, STAUFFER WOODS SUBDIVISION 30T 08203
(20)/53 COURTLAND, 165 COURTLAND AVE E AEC
DEVELOPMENTS INC
Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 070 Rosenberg Way & Amand Drive No Concerns.
2) A 2022 - 072 177 Eden Oak Trail No Concerns.
3) A 2022 - 073 10 Langton Drive No Concerns.
4) A 2022 - 074 240 Chapel Street No Concerns.
5) A 2022 - 075 50 Otterbein Road No Concerns.
6) A 2022 - 076 95 Patricia Avenue No Concerns.
7) A 2022 - 077 210 Pioneer Tower Road No Concerns.
8) A 2022 - 078 125 Uplands Drive No Concerns.
9) A 2022 - 079 31 Monterey Road No Concerns.
10) A 2022 - 080 64 Wilhelm Street No Concerns.
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11)A 2022 -081149-151 Ontario Street North & 21 Weber Street WestNo Concerns.
12) A 2022 - 082 544 Bridgeport Road No Concerns.
13) A 2022 - 083 99 Becker Street No Concerns.
14) A 2022 - 084 26 Pony Way (Unit 21) No Concerns.
15) A 2022 - 085 28 Pony Way (Unit 22) No Concerns.
16) A 2022 - 086 30 Pony Way (Unit 23) No Concerns.
17) A 2022 - 087 32 Pony Way (Unit 24) No Concerns.
18) A 2022 - 088 34 Pony Way (Unit 25) No Concerns.
19) A 2022 089-094 3,11,13,21,23 & 29 Shaded Creek Drive No Concerns.
20) A 2022 - 095 165 Courtland avenue East No Concerns.
21) A 2022 - 096 247 Glasgow Street No Concerns.
22) A 2022 - 097 296 Highland Road East No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
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