HomeMy WebLinkAboutDSD-2024-364 - A 2024-061 - 25 Palace 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: Craig Dumart, Senior Planner 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: August 7, 2024
REPORT NO.: DSD-2024-364
SUBJECT: Minor Variance Application A2024-061 25 Palace Street
RECOMMENDATION:
That Minor Variance Application A2024-061 for 25 Palace Street requesting relief
from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a visitor parking
requirement of 9 visitor parking spaces (0.085 parking spaces per dwelling unit)
instead of the minimum required 11 visitor parking spaces (0.1 spaces per dwelling
unit), to facilitate the registration of a Plan of Condominium for a residential
development having 104 dwelling units, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to reduce the
required visitor parking to facilitate the registration of a Plan of Condominium for a
residential development having 104 dwelling units.
The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included notice signs 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 and this
Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on a private road (Palace Street) which is near the
intersection of Ottawa Street South and Elmsdale Drive.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
Community Areas on Map 2 Urban Structure and is
Mixed Use with Site Specific Policy 31 on Maps 3 and 5 Land Use and
Specific Policy Areas
Mixed Use One Zone (MIX-1) with Site Specific Provision (42)
Zoning By-law 2019-051.
The purpose of the application is to reduce the required visitor parking on site by 2
visitor spaces which will be re-delineated as standard parking spaces for condominium
unit owners. The subject lands have received Site Plan Approval for the 104 multiple
dwelling unit development and a Stamp Plan B Site Plan to re-delineate visitor parking
spaces to standard parking spaces will be required if approved by the committee. This
will be completed through the Draft Plan of Condominium Application as a condition of
Draft Approval.
Figure 2: View of Existing Site Conditions
Figure 3: Approved Site Plan.
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
to provide for an appropriate mix of commercial, institutional and mid-rise residential
developments. Lands designated Mixed Use are transit-supportive, walkable an integrated
and interconnected with other areas of the city. The proposed 104 unit multiple dwelling is
lands. Planning Staff are of the opinion that the requested variance will meet the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 0.1 visitor parking spaces per unit (11 required for the subject lands) is to
provide adequate visitor parking for visitors of the proposed development. The applicant
met with Planning and Transportation Services staff in advance of submitting the
application and provided a cover letter with a detailed explanation of the requested parking
reduction which was reviewed by Transportation Services who have no concerns with the
proposed parking rate of 0.085 visitor parking space per unit. In addition to adequate on-
site visitor parking being provided for visitors, bicycle parking spaces will also be provided
for users and visitors of the development and the subject lands are well connected to
transit and active transportation routes. Staff are of the opinion that the proposed parking
provision will provide for adequate parking for users of the residential development.
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?
The requested variance to reduce the required visitor parking to 0.085 parking spaces per
dwelling unit (9 visitor spaces) rather 0.1 visitor parking spaces per dwelling unit (11 visitor
parking spaces) is minor in nature. Staff is of the opinion that the requested variance will not
inhibit the appropriate functioning of the residential development and will not negatively
impact any of the adjacent properties or surrounding neighbourhoods. The total number of
parking spaces on site is not proposed to change and adequate on-site parking is being
provided for residents and visitors.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable and appropriate for the development and use of the land as the
subject lands are well connected to transit and active transportation routes. The requested
variance for reduction in vehicle parking is desirable and appropriate for the development
of the lands.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No Engineering comments.
Parks/Operations Division Comments:
No Parks/Operations comments.
Transportation Planning Comments:
In consultation with the applicant, Transportation Services supported the reduced visitor
parking requirement of 0.085 visitor parking spaces/dwelling unit on July 3, 2024.
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 This report
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
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 By-law 2019-051
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
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: Craig Dumart, Senior Planner 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: August 7, 2024
REPORT NO.: DSD-2024-365
SUBJECT: Minor Variance Application A2024-062 40 Palace Street
RECOMMENDATION:
That Minor Variance Application A2024-061 for 40 Palace Street requesting relief
from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a visitor parking
requirement of 8 visitor parking spaces (0.085 parking spaces per dwelling unit)
instead of the minimum required 10 visitor parking spaces (0.1 parking spaces per
dwelling unit), to facilitate the registration of a Plan of Condominium for a
residential development having 94 dwelling units, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to reduce the
required visitor parking to facilitate the registration of a Plan of Condominium for a
residential development having 94 dwelling units.
The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included notice signs 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 and this
Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property has frontage on two private roads (Frontage on Palace Street and
Huntsworth Ave) abuts Ottawa Street South at the rear and the lands are located near the
intersection of Ottawa Street South and Strasburg Road.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
Community Areas on Map 2 Urban Structure and is
Mixed Use with Site Specific Policy 31 on Maps 3 and 5 Land Use and
Specific Policy Areas
Mixed Use One Zone (MIX-1) with Site-Specific Provision (42)
Zoning By-law 2019-051.
The purpose of the application is to reduce the required visitor parking on site by 2
visitor spaces which will be re-delineated as standard parking spaces for condominium
unit owners. The subject lands have received Site Plan Approval for the 94 multiple
dwelling unit development and a Stamp Plan B Site Plan to re-delineate visitor parking
spaces to standard parking spaces will be required if approved by the committee. This
will be completed through the Draft Plan of Condominium Application as a condition of
Draft Approval.
Figure 2: View of Existing Site Conditions
Figure 3: Approved Site Plan.
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
to provide for an appropriate mix of commercial, institutional and mid-rise residential
developments. Lands designated Mixed Use are transit-supportive, walkable an integrated
and interconnected with other areas of the city. The proposed 94 unit multiple dwelling is a
permitted use
lands. Planning Staff are of the opinion that the requested variance will meet the general
intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the 0.1 visitor parking spaces per unit (10 required for the subject lands) is to
provide adequate visitor parking for visitors of the proposed development. The applicant
met with Planning and transportation Services staff in advance of submitting the
application and provided a cover letter with a detailed explanation of the requested parking
reduction which was reviewed by Transportation Services who have no concerns with the
proposed parking rate of 0.085 visitor parking space per unit. In addition to adequate on-
site visitor parking being provided for visitors, bicycle parking spaces will also be provided
for users and visitors of the development and the subject lands are well connected to
transit and active transportation routes. Staff are of the opinion that the proposed parking
provision will provide for adequate parking for the residential development.
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?
The requested variance to reduce the required visitor parking to 0.085 parking spaces per
dwelling unit (8 visitor spaces) rather 0.1 visitor parking spaces per dwelling unit (10 visitor
parking spaces) is minor in nature. Staff is of the opinion that the requested variance will not
inhibit the appropriate functioning of the residential development and will not negatively
impact any of the adjacent properties or surrounding neighbourhoods. The number of parking
spaces on site is not proposed to change and adequate on-site parking is being provided for
residents and visitors.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable and appropriate for the development and use of the land as the
subject lands are well connected to transit and active transportation routes. The requested
variance for reduction in vehicle parking is desirable and appropriate for the development of
the lands.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
No Engineering comments.
Parks/Operations Division Comments:
No Parks/Operations comments.
Transportation Planning Comments:
In consultation with the applicant, Transportation Services supported the reduced visitor
parking requirement of 0.085 visitor parking spaces/dwelling unit on July 3, 2024.
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
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 By-law 2019-051
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