HomeMy WebLinkAboutDSD-2022-433 - A 2022-104 - 369 Frederick Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 20, 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 10
DATE OF REPORT: September 9, 2022
REPORT NO.: DSD-2022-433
SUBJECT: Minor Variance Application A2022-104 - 369 Frederick Street
Owner: PeopleCare Inc.
Applicant: Matt Warzecha, Polocorp Inc
RECOMMENDATION:
That Minor Variance Application A2022-104 for 369 Frederick Street requesting relief from
Section 32.3.5 of Zoning By-law 85-1 to:
a) permit an interior side yard setback of 6.1 metres instead of the minimum required 8.3
metres; and
b) permit a Floor Space Ratio (FSR) of 1.25 instead of the maximum 1.0;
to facilitate a 4-storey addition to the existing residential care facility, in accordance with Site
Plan Application SP22/126/F/ES, BE APPROVED.
REPORT HIGHLIGHTS:
The applicant is requesting a minor variance for a reduction in interior side yard setback and an
increase in Floor Space Ratio (FSR) for a proposed 4-storey addition to an existing residential
care facility.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south side of Frederick Street near the intersection at East
Avenue. The subject lands are adjacent to Frederick Mall.
The subject property is identified as a Community Node Urban Structure and is
Mixed Use Node20 Central Frederick Neighbourhood Secondary Plan in the
1994 Official Plan.
The property is zoned Zone (I-2-law 85-1.
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Figure 1: View of Subject Property (369 Frederick Street)
Figure 2: View of Existing 3-storey, 80-bed Building (August 29, 2022)
Figure 3: View of Interior Side Yard (August 29, 2022)
The existing residential care facility provides 80 beds in a 3-storey building which was constructed
in 1993. The purpose of the application is to permit the construction of a four (4) storey addition that
will provide 128 new long-term care beds to the existing residential car facility.
The applicant has submitted a Site Plan Application (SP22/126/F/ES) to consider the change in the
height of the addition from 3 storeys to 4 storeys and the application is currently under review.
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 intent of the Mixed Use Node designation is to serve an inter-neighbouhood function and to
allow for intensive, transit supportive development in a compact form. It is intended that Mixed Use
Nodes will intensify and provide a balanced distribution of commercial multiple residential and
institutional uses. The proposed variances to increase density and allow a small side yard reduction
will achieve the goals of the land use designation by increasing the density on the existing lands.
General Intent of the Zoning By-law
Interior Side Yard: The intent of the regulation that requires an interior side yard setback to be a
maximum of half the building height (8.3 metres in this situation) is to provide adequate building
separation and to not cause adverse impacts to neighbouring properties. The applicant has
conducted an angular plane analysis that demonstrates that there is a 45 degree or less angular
plan between the residential homes backing onto the site and the roof parapet of the proposed
addition to the residential care facility. In addition, the applicant has conducted a shadow impact
analysis that indicates there will be minimal or no adverse impacts from shadows based on the
proposed height and setback. Therefore, in the opinion of Staff, the requested variance meets the
general intent of the Zoning By-law.
Floor Space Ratio (FSR): The intent of the maximum Floor Space Ratio of 1.0 is to regulate the
overall density and massing of buildings on site. The request for a 1.25 Floor Space Ratio represents
a small increase in density that can be mitigated through a high level of urban design, functional
layout of the site, and enhanced landscaping. Staff is of the opinion that the existing site is well-
suited for an increase in density and has adequate lot size, access by vehicle and transit, and access
to existing services to function with an FSR of 1.25. Therefore, in the opinion of Staff, the requested
variance meets the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As demonstrated by the angular plane analysis and shadow impact analysis, no adverse impacts
are expected for adjacent residential lots. The requested variances can be considered minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The existing building was constructed in 1993 and contains 80 long-term care beds. The site has
ample room for expansion and it is efficient to locate within the existing residential care campus. In
the opinion of Staff, the requested variances are appropriate for the use of the land.
Figure 4: Proposed Site Plan
Environmental Planning Comments:
No natural heritage concerns, tree management requirements will be addressed through the Site
Plan Application.
Heritage Planning Comments:
Lands are under review in the Heritage Kitchener Inventory. Comments will be provided as part of
the review of the Site Plan Application.
Building Division Comments:
The Building Division has no objections to the proposed variances.
Engineering Division Comments:
No Engineering concerns.
Parks/Operations Division Comments:
No Parks/Operations concerns.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
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.
CONSULT The applicant held a Neighbourhood Meeting in June of 2022.
PREVIOUS REPORTS/AUTHORITIES:
Minor Variance Application A2017-071 and Consent Application B2017-019
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
August 30, 2022
Marilyn Mills
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) /06 FREDERICK/ 369 FREDERICK STREET
Kitchener, ON N2G 4G7 EVENTIDE HOME SALVATION ARMY
(3) /VAR KIT, 175 Tartan Ave (30T-07205 - STAGE 11,
BLOCK 193) SCHLEGEL URBAN DEVELOPMENT
CORP
(10)/63, 10 AND 26 COLLEGE STREET NIMER
BROTHERS DEVELOPMENT INCORPORATED
(11) /VAR KIT, 132 WOOLWICH STREET GATTO
HOMES INCORPORATED
Subject: Committee of Adjustment Meeting September 20, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 104 369 Frederick Street No Concerns.
2) A 2022 - 105 6 Tweedsmuir Court No Concerns.
3) A 2022 - 106 175 Tartan Avenue No Concerns.
4) A 2022 - 107 133 Pine Martin Crescent No Concerns.
5) A 2022 - 108 23 Bosworth Crescent No Concerns.
6) A 2022 - 109 60 Crosswinds Drive No Concerns.
7) A 2022 - 110 6 Marianne Dorn Trail No Concerns.
8) A 2022 - 111 131 Pinedale Drive No Concerns.
9) A 2022 - 112 527 Wellington Street North No Concerns.
10) A 2022 - 113 10 College Street No Concerns.
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11) A 2022 - 114 132 Woolwich Street No Concerns.
12) A 2022 - 115 224 Jeffery Place 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
CofA@Kitchener.ca
2
September 1, 2022 via email
GRCA File:September 20,2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6
Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – September 20, 2022
Applications for Minor Variance
A 2022-104 369 Frederick Street
A 2022-105 6 Tweedsmuir Court
A 2022-106 175 Tartan Avenue
A 2022-107 133 Pine Martin Crescent
A 2022-108 23 Bosworth Crescent
A 2022-109 60 Crosswinds Drive
A 2022-111 131 Pinedale Drive
A 2022-112 527 Wellington Street North
A 2022-113 10 College Street
A 2022-114 132 Woolwich Street
Applications for Consent
B 2022-046 78-80 Old Chicopee Drive
B 2022-047 124 Walker Street
B 2022-048 7 Shaded Creek Drive
B 2022-049 9 Shaded Creek Drive
B 2022-050 11 Shaded Creek Drive
B 2022-051 13 Shaded Creek Drive
B 2022-052 15 Shaded Creek Drive
B 2022-053 21 Shaded Creek Drive
B 2022-054 23 Shaded Creek Drive
B 2022-055 25 Shaded Creek Drive
Application for Change of Conditions
CC 2022-001 – 41 Ardelt Place
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. 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 meat jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority