HomeMy WebLinkAboutDSD-2024-355 - A 2024-065 - 570 Frederick Street
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 1
DATE OF REPORT: August 2, 2024
REPORT NO.: DSD-2024-355
SUBJECT: Minor Variance Application A2024-065 570 Frederick Street
RECOMMENDATION:
That Minor Variance Application A2024-065 for 570 Frederick Street requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 5.3 e) i) to permit the parking lot to be setback 0.4 metres from a side
lot line instead of the minimum required 1.5 metres;
ii) Section 5.3.2 ii) to permit parking spaces to be located 4.2 metres from the
street line instead of the minimum required 4.5 metres;
ii) Section 5.6, Table 5-5, to permit the minimum parking requirement for Multiple
Residential Building (Multiple Dwelling) MIX Zones to be 0 parking spaces (0
parking spaces per dwelling unit) instead of the minimum required 4 parking
spaces (0.9 parking spaces per dwelling unit);
iv) Section 5.6, Table 5-5, to permit a Health Clinic in a MIX Zone to have a
parking requirement of 8 parking spaces (1 parking space per 24.5 square
metres of Gross Floor Area (GFA)) instead of the minimum required 11 parking
spaces (1 parking space per 19 square metres of Gross Floor Area (GFA));
v) Section 8.3, Table 8-2, to permit a right (interior) side yard setback of 1.2
metres instead of the minimum required 4 metres; and
vi) Section 8.3, Table 8-2, to permit the minimum ground floor building height, for
any building with street line façade, of 3.6 metres instead of the minimum
required 4.5 metres;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
to facilitate the development of a 3-storey mixed use building having 4 dwelling
units and a health clinic in accordance with Site Plan Application SP24/033/F/BB, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to assess minor variances requested to facilitate the
approval of a 3-storey mixed use building to be located at the corner of Bruce and
Frederick Streets.
The key finding of this report is that staff recommends the approval of the minor
variances as the development proposal will re-develop a site that has been vacant for
some time with a high-quality and compatible building design. Furthermore, the site is
located on Frederick Street that has a bus route and bike lanes and is within walking
distance to a pharmacy, Frederick Street Mall and a grocery store.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
Figure 1 - Aerial Photo of Subject and Surrounding Properties
Figure 2-Photo of 570 Frederick Street
Figure 3-Site Plan
Rooftop
Amenity Area
4 dwelling units
Figure 4 Proposed Building Elevations
The subject property is located at the corner intersection of Bruce Street and Frederick
Street in the Rosemount Neighbourhood. It has 15 metres of frontage along Frederick
Street and 45 metres along Bruce Street for a total lot area of 675 square metres.
Surrounding land use comprises a mix of low rise multiples and detached dwellings and
low rise commercial buildings such as dentists, offices and a pharmacy across the street
(see Figure 1). The subject property is situated on a major bus route street with bike lanes,
is close to Highway 85 on-ramp and is within walking distance to the Frederick Street Mall
with a grocery store. A site visit occurred on July 31, 2024 (see Figure 2).
The subject property currently contains a variety store which has been sitting vacant for
some time. The owner is a doctor wanting to set up a new medical practice in Kitchener
and is proposing to re-develop the site with a low-rise mixed use building with a doctors
office on the main floor and four dwelling units (2 dwelling units on each floor) on the
second and third floors, respectively (see Figures 3 and 4). A total of 8 parking spaces are
proposed with a single point of vehicular access onto Bruce Street.
Community Node Urban Structure and is
Mixed Use The planned
function of Community Nodes is to provide for commercial uses with a mix of residential
and institutional uses necessary to support and complete surrounding residential
communities. Community Nodes primarily serve an inter-neighbourhood market and are
intended to intensify, be transit-supportive and cycling and pedestrian-friendly. The Mixed
Use land use designation plays an important role in achieving the planned function of the
Intensification Areas of the City Urban Structure. Lands designated Mixed Use have the
capacity to accommodate additional density and intensification of uses. The permitted
scale and intensity of uses and development may be dependent upon the Urban Structure
Component the site is within and the context of the site. Development and redevelopment
of properties will be encouraged to achieve a high standard of urban design, be
compatible with surrounding areas, be transit-supportive and cycling and pedestrian-
friendly.
Mixed Use Three Zone (MIX-3-law 2019-051. The
use of a mixed-use building is permitted, and it complies with the minimum Floor Space
Ratio of 1.0. Site Plan Application SP24/033/F/BB has received conditional approval and
the applicant is working to satisfy conditions to begin construction this Fall.
The purpose of the application is to request several minor variances to Section 5 (Parking,
Loading, and Stacking) and Section 8 (Mixed Use (MIX) Zones) to implement the
development proposal as the site is a corner property and limited in size.
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
In the opinion of staff, the requested variances to parking regulations and parking setbacks
and to building regulations meet the intent of the Official Plan. The Mixed Use designation
encourages re-development to achieve a high standard of urban design, is compatible with
surrounding areas, and is transit-supportive and cycling and pedestrian-friendly. The
proposal to re-develop the site is a low-rise mixed-use building that is compatible in scale
and will use building materials that compliment the neighbourhood. The design addresses
both Frederick and Bruce Streets and utilizes a lot of windows and openings to activate
the streets. The design is compatible with surrounding low-rise context yet intensifies the
vacant site. This satisfies the Urban Design policies of the Official Plan
Frederick Street is a Regional Roadway that contains a major bus route and has bike
lanes. The site is within walking distance to a pharmacy, dentists, offices, and the
Frederick Street Mall with a grocery store. Given its location, surrounding amenities and
availability of public transportation, and cycling infrastructure, Official Plan policies will
support the parking reductions being proposed. Section 13.C.7.4. says that the City will
consider reduced parking requirements for development and/or redevelopment in
accordance with Policy 13.C.8.2 where a comprehensive Transportation Demand
Management Report is submitted to the satisfaction of the City. 13.C.8.2. further notes the
City may consider adjustments to parking requirements for properties within an area or
areas, where the City is satisfied that adequate alternative parking facilities are available,
where developments adopt transportation demand management (TDM) measures or
where sufficient transit exists or is to be provided. In the opinion of staff, this proposal
meets the general intent of that policy to support a parking reduction for reasons stated
previously.
General Intent of the Zoning By-law
The intent of parking regulations is to ensure development is adequately parked, to avoid
spilling over onto neighbouring streets and to ensure setback
provided for vegetation to screen views of parking areas visible within the public realm and
from adjacent properties. The provision of 8 parking spaces where 11 are required for
health clinic is acceptable to staff. The property is located on a major bus route with
cycling infrastructure. These provide an opportunity for alternate means of transportation
to get to the clinic. The provision of 0 spaces for 4 dwelling units where 4 spaces are
required is also acceptable to staff. The property is serviced by GRT, Frederick Street has
cycling infrastructure, Class A indoor bike spaces are being provided and is located within
walking distance to many services and amenities, staff can support the reduction.
Moreover, the hours of the clinic are 9 a.m. to 5 p.m. freeing up those 8 spaces in the
evening/overnight. The By-law does not permit shared parking, but it is recognized and
supported by policy, however. Providing a 1.5 metre instead of a 3 metre parking setback
can be supported by staff. Staff recognizes this a corner property of limited size. Most
urban design objectives are being met and 1.5 metres is wide enough to support
vegetation, notwithstanding.
The intent of a 4-metre interior side yard setback is to ensure there is an adequate building
separation, particularly as it relates to a major comprehensive development proposal
permitted within the MIX-3 zoning. As the proposal is 3 storeys in height, a 1.2 metre side
yard setback is adequate and in keeping within allowable side yards for a 3 storey building
in a low rise context. The intent of a 4.5 metre high first storey is to provide a defined base
and visual difference and separation from the upper levels of the building. his proposal is
requesting a 3.6 metre first storey height. In the opinion, the intent is being maintained
using high windows and signage that provides that visual separation from the second and
third storey. Overall, the building is of a high-quality design and will be an excellent
addition to the neighbourhood.
he general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variances are minor. The parking reductions are offset by the availability of
y within walking distance
to several amenities and a grocer
the clinic. The mixed use building is compatible with the surrounding context and design is
complimentary to the neighbourhood. Any impacts of the variances are considered minor as
a result.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable and appropriate for the use of land. As noted previously, this
site has been vacated for some time and this mixed-use building proposal is an ideal use
of this property. The variances are needed to implement a plan that is both functional and
serviceable with a design that is both high quality and compatible with the surrounding
low-rise context. Locationally, the site is nearby many amenities, on a major bus route,
enjoys excellent cycling infrastructure and close to park space.
Environmental Planning Comments:
Tree Management to be addressed through Site Plan Application SP24/033/F/BB.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided a building permit
for the new mixed use building is obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
Park Dedication fees will be addressed through Site Plan Application SP24/033/F/BB.
Transportation Planning Comments:
Transportation Services recommends that the vehicle parking for tenants be unbundled form
the cost of a unit. This is more equitable for a tenant, as they do not pay for a parking space
that they do not have.
Enova
oncern has been addressed.
GRCA
No concerns.
Region of Waterloo
No 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
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
i
Planning Division. A notice of the application was mailed to all property owners within 30
metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning Bylaw 2019-051
Site Plan Application SP24/033/F/BB
August 8, 2024
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting August 20, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 058 – 175 Hoffman Street – No concerns
2) A 2024 - 059 – 15 Strange Street – No concerns.
3) A 2024 - 060 – 95 Brunswick Avenue – No concerns.
4) A 2024 - 061 – 25 Palace Street – No concerns.
5) A 2024 - 062 – 40 Palace Street – No concerns.
6) A 2024 - 063 – 908 Chapel Hill Court – No concerns.
7) A 2024 - 064 – 67 Kimberly Crescent – No concerns.
8) A 2024 - 065 – 570 Frederick Street – No concerns.
9) A 2024 - 066 – 1180 Union Street (severed lot)
10) A 2024 - 067 – 1180 Union Street (retained lot)
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
developments prior to the issuance of a building permit.
Document Number: 4752866
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to morethan one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Katrina Fluit
Transportation Planner
(226) 753-4808
CC:
Mariah Blake, City of Kitchener
CofA@Kitchener.ca
Document Number: 4752866
August 2, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting August 20, 2024
Applications for Minor Variance
A 2024-058175Hoffman StreetA 2024-06467 Kimberly Crescent
A 2024-06095 Brunswick AvenueA 2024-065570 Frederick Street
A 2024-06125 Palace StreetA 2024-0661180 Union Street
A 2024-06240 Palace StreetA 2024-0671180 Union Street
A 2024-063908 Chapel Hill Court
Applicationsfor Consent
B 2024-017135 Gateway Park DriveB 2024-020573 Guelph Street
B 2024-018135 Gateway Park DriveB 2024-02162 Gage Avenue
B 2024-019250 Shirley AvenueB 2024-0221180 Union Street
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 natural hazards such as watercourses, floodplains,
shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario
Regulation 41/24and,therefore,a permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor
519-621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority