HomeMy WebLinkAboutDSD-2024-536 - A 2024-107 - 15-105 Mooregate CrescentStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: December 10, 2024
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Ben Suchomel, Student Planner, 519-783-8948
Kirsten Hoekstra, Student Planner, 519-783-8936
WARD(S) INVOLVED: Ward 8
DATE OF REPORT: December 04, 2024
REPORT NO.: DSD -2024-536
SUBJECT: Minor Variance Application A2024-107 - 15-105 Mooregate
Cres.
RECOMMENDATION:
That Minor Variance Application A2024-107 for 15-105 Mooregate Crescent
requesting relief from the following sections of Zoning By-law 2019-051:
i) Section 4.14.2 d) to permit balconies to be located 1.1 metres from the street
line instead of the required 3 metres;
ii) Section 5.6, Table 5-5, to permit a multiple residential development having 378
dwelling units to have 303 parking spaces for the dwelling units instead of the
minimum required 378 parking spaces (required rate of 1 parking space per
dwelling unit);
iii) Section 5.6, Table 5-5, to permit non-residential uses (subject to the Multi -Unit
Parking Rate) with a combined gross floor area of 2,657 square metres, to
have 32 parking spaces instead of the minimum required 78 parking spaces
(required rate is 1 parking space per 35 square metres of Gross Floor Area
(GFA));
iv) Section 5.7 a) ii) to permit parking spaces to be assigned to uses in the
following quantities: dwelling units shall be assigned a minimum of 303
parking spaces, non-residential uses shall be assigned a minimum of 32
parking spaces, and visitors shall be assigned a minimum of 30 parking
spaces, instead of all parking spaces being shared between uses and
unassigned;
v) Section 7.2, Table 7-1, to add a `Health Clinic' as a permitted use;
vi) Section 7.2, Table 7-1, to add a `Social Service Establishment' as a permitted
use;
*** This information is available in accessible formats upon request. ***
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Page 155 of 403
vii) Section 7.3, Table 7-6, to permit a 2.9 metre interior yard setback instead of
the minimum required 4.5 metres;
viii) Section 7.3, Table 7-6, to permit a maximum Gross Floor Area of 1,100 m2 of
individual non-residential use instead of the maximum permitted 600m2; and
ix) Table 7-6 (3) to permit dwelling units located at ground floor level to not
provide a patio area adjacent to the dwelling unit with direct access to such
dwelling unit, whereas the By-law requires a patio area;
to facilitate the development of two (2) multiple residential buildings having a total
of 378 dwelling units and approximately 2,657 square metres of non-residential use,
generally in accordance with drawings prepared by SvN Architects + Planners,
submitted with Minor Variance Application A2024-107, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to review and recommend the approval of the minor
variance application to facilitate the redevelopment of the property with a 9 -storey and
16 -storey multiple dwelling containing a total of 378 dwelling units and approximately
2,657 square metres of non-residential use (i.e., convenience retail, day care, health
clinic, and social service establishment).
• The key finding of this report is that the requested variances meet all four tests of the
Planning Act.
• 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
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the north and west sides of Mooregate Crescent
between Hazelglen Drive and Westmount Road. The subject site currently contains fifty-
five (55) townhouse dwelling units, as shown in Figure 1. It is located within the Victoria
Hills neighbourhood, which is primarily comprised of retail uses and residential uses of
varying dwelling types.
Page 156 of 403
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Figure 1 Location of subject property (outlined in RED)
The subject property is identified as `Community Areas' on Map 2 — Urban Structure and is
designated `High Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Residential Seven Zone (RES -7)' with Site Specific Provision (339)
and Holding Provision (35H)' in Zoning By-law 2019-051.
The purpose of the subject minor variance application is to facilitate Site Plan Application
SP24/026/M/CD, which proposes a mixed-use, affordable housing development consisting
of a 9 -storey and 16 -storey multiple dwelling, containing 378 dwelling units and
approximately 2,657 square metres of non-residential use (i.e., convenience retail, day
care, health clinic, and social service establishment). The Site Plan Application originally
received Conditional Approval on May 13, 2024, and received an update to the Conditional
Approval on November 25, 2024 (see attached Site Plan drawing).
The purpose of the application to permit a 2.9 metres westerly interior side yard setback
rather than the required 4.5 metres; a maximum Gross Floor Area (GFA) of 1,100 square
metres, for individual non-residential use whereas a maximum GFA of 600 square metres
is permitted; to permit dwelling units located at ground floor level to have no patio area
adjacent to the dwelling unit with direct access to such dwelling unit; to add a Health Clinic
and Social Service Establishment as permitted uses; to permit balconies 1.1 metres from
the street line rather than the required 3 metres.
Further variances have been requested for parking:
• to allow a multiple residential development having 378 dwelling units to have 303
parking spaces for the dwelling units rather than 378 parking spaces (required rate
of 1 parking space per dwelling unit);
• to permit non-residential uses (subject to the Multi -Unit Parking Rate) with a
combined gross floor area of 2,657 square metres, to have 32 parking spaces
Page 157 of 403
rather than 78 parking spaces (required rate is 1 parking space per 35 square
metres of Gross Floor Area (GFA)); and
to permit parking spaces to be assigned to uses in the following quantities: dwelling
units shall be assigned a minimum of 303 parking spaces, non-residential uses
shall be assigned a minimum of 32 parking spaces, and visitors shall be assigned a
minimum of 30 parking spaces, rather than all parking spaces being shared
between uses and unassigned.
Staff have noted that the redevelopment will involve the demolition of the existing 55 rent -
geared -to -income townhouse units. Through the review of the future Demolition Control
Application, the City's new Rental Replacement By-law will apply. The Region of Waterloo
is proposing that the current tenants be given the opportunity to temporarily relocate to an
available unit within the Region of Waterloo affordable housing portfolio.. Current tenants
will have the first opportunity to return to a new unit within the redeveloped area once the
project is completed. It is important to note that the purposed of the subject application is
to facilitate redevelopment of the 55 affordable housing unit site with 378 affordable
housing units.
PLAN A
Figure 2: Excerpt of Conditionally Approved Site Plan Drawing
Page 158 of 403
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Planning staff conducted a site visit on November 26, 2024.
Page 159 of 403
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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 City of Kitchener OP provides the long-term land use vision for Kitchener. The vision
is further articulated and implemented through the guiding principles, goals, objectives,
and policies which are set out in the Plan. The Vision and Goals of the OP strive to build
an innovative, vibrant, attractive, safe, complete and healthy community.
The subject property is designated `Community Areas' on Map 2 — Urban Structure and
`High Rise Residential' on Map 3 — Land Use in the City's 2014 Official Plan. The intent of
this designation is to accommodate high density multiple dwellings to achieve a high
intensity of residential use.
Policy 13.C.8.2 in the City's Official Plan states that 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.
The applicant has provided a study provided by Nexttrans Consulting Engineers, which
supports the reduced parking requirement.
The requested parking variances will facilitate the development of a high-rise residential
use consistent with the land use designation in the Official Plan.
Further Policy 15.D.3.27 in the City's Official Plan states that the City will support an
integration of non-residential land uses that are complementary and serve the needs of
residents. Uses such as health clinics and social service establishments are included in
the list of potential complementary lands uses. The Official Plan does not place a specific
limitation on the amount of Gross Floor Area for non-residential uses within residential
land use designations, but states, "The City will encourage and support complementary
non-residential land uses to be mixed with multiple residential uses at a scale and in
appropriate locations within lands designated High Rise Residential..." (Policy 15.D.3.25).
Moreover, Policy 15.D.3.29. states that, "Where appropriate and desirable, the City will
encourage non-residential uses to locate together and be integrated with residential uses
in mixed use developments or in mixed use buildings to form community focal points."
As a result, staff is of the opinion that all the requested variances will facilitate and strive to
build a vibrant, attractive, safe, complete and healthy community, and therefore, meeting
the general intent of the Official Plan.
Page 161 of 403
General Intent of the Zoning By-law
Balconies:
The purpose of the regulation that requires balconies to be located 3 metres from the
street line is to ensure that there is adequate buffering between adjacent properties as well
as the public realm. Staff note that only the balconies fronting Mooregate Crescent in
Building `A' will not meet the regulations. The reduced setback will not have any adverse
impacts on adjacent properties and staff are of the opinion that a setback to the lot line of
1.1 metres will provide adequate separation to the public realm.
Parking Variances:
The intent of a minimum parking and visitor parking requirement is to ensure that the
development is able to provide an appropriate number of parking spaces for both residents
and visitors to the site. Residents are becoming increasingly less car -dependant and
reducing the number of required spaces will allow more units and amenity space to be
provided on site. Staff note that the proposed development includes a sufficient number of
Class A and B bicycle parking spaces. Additionally, the development is situated in a
location that supports transit, providing future residents with access to transit -oriented
options, noting that the GRT Npress Route 201 and local routes 12 and 20 are within
close proximity. Moreover, Transportation Services advises that it supports all the
requested vehicle parking variances.
Health Clinic & Social Services Establishment:
The general intent of the regulation that allows certain non-residential uses in the RES -7
Zone but does not include health clinic and social service establishment is to ensure
compatibility of uses with residential functions. The proposed health clinic and social
services establishment would provide on-site services to residents and neighbours. It
should be noted that at the time of drafting the RES -7 Zone, it was intended that a health
clinic would be permitted non-residential use. However, health office, which is a home
business use, was added instead. Also, office use is permitted, which is similar to social
service establishment use. Staff are of the opinion that these proposed uses would be
compatible with residential uses, thus meeting the general intent of the Zoning By-law.
Interior Side Yard Setback:
The general intent of the regulation in Section 7.3 that requires an interior yard setback of
4.5 metres is to ensure that there is adequate building separation. Staff note that only a
small portion of the development will not meet the required setback. This section consists
of a one -storey parking garage entrance. The rest of the building is setback further and will
meet the required interior yard setback.
Gross Floor Area of Individual Non -Residential Use:
The general intent of the regulation that states the maximum gross floor area of individual
non-residential uses is 600 square metres is intended to ensure that a single non-
residential use do not take up an excessive amount of space in residential buildings. The
requested individual non-residential use of 1,100 square metres only amounts to a small
percentage of the total Building Floor Area on the site. The requested individual non-
residential use of 1,100 square metres only amounts to a small percentage of the total
Building Floor Area (BFA) on the site. Also, the overall amount of non-residential space
(2,657 square metres) is also a relatively small portion of the overall BFA.
Page 162 of 403
Patio Area
The general intent of the regulation that requires dwelling units located on the ground floor
level to provide a patio area adjacent to the dwelling unit with direct access to such
dwelling unit is to ensure adequate amenity space is provided. Staff notes that the
proposed development will provide sufficient common outdoor amenity space that will be
shared between the two buildings and will be accessible to all residents.
Is/Are the Effects of the Variance(s) Minor?
Planning staff is of the opinion that the proposed development will add to both the livability
and functionality of the property. Based on location, context, policy direction, urban design
objectives, setback considerations, recommendations of the Parking Justification Study, and
existing conditions, staff is of the opinion that the effects of the variances are minor. For the
reasons previously noted, staff is of the opinion that the requested variances satisfy the
`minor' test to facilitate the proposed development of a 9 -storey and 16 -storey multiple
dwelling on Mooregate Crescent. With respect to the requested variances, staff is of the
opinion that the requested variances are minor in nature.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The requested variances do not negatively affect the ability to develop the subject lands,
or adjacent lands with appropriate development. The requested variances will facilitate a
desirable form of development on the existing site. The planned scale, massing, and
setbacks of the building are compatible and support the planned vision of the community
and surrounding area, assisting in the provision of a variety of dwelling types and land
uses. The planned increased density along Mooregate Crescent will additionally support
the City's Housing Pledge. Planning staff is of the opinion that the requested variance is
appropriate and desirable for the use of the lands.
Environmental Planning Comments:
No natural heritage features/functions as noted in 2021 PSC. Also as noted, Tree
Management Policy / trees on-site would be addressed by Urban Designer as part of Site
Plan Review.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the new apartments are obtained prior to construction. Please contact the Building
Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
Park Planning concerns including any City tree protection or required park dedication will
be addressed through SP24/026/M/CD
Page 163 of 403
Transportation Planning Comments:
As part of a Minor Variance application, a Parking Memorandum was submitted (October
9, 2024) and then an update was submitted (November 7, 2024) by Nextrans Consulting
Engineers with an updated vehicle parking supply for this multi -use redevelopment.
Transportation Services reviewed the memorandums and offer the following comments for
the most recent submission. Based on the parking demand analysis completed by
Nextrans, Transportation Services supports their proposed total parking supply of 365
parking spaces and 205 Class A and 26 Class B outdoor bike parking spaces for this
development. Parking spaces should be unbundled from the cost of a unit.
Upon further review of Table 1, it was determined that there are 396 (378+18) parking
spaces required (see below yellow highlight) not 454 and a parking shortfall of 31 (396-
365=31) spaces (8%), not 121 as noted below. Based on the information provided within
the parking memorandum, the variance of 454 spaces (see green highlight below) being
applied for should be reduced to 396 spaces to be consistent with the parking
memorandum data submitted.
Table 1: Summary of Parking Requirements from Zoning By-law 2019.051
Note: 1. Visitor parking is exempt from parking requirement as per City of Kitchener Zoninp BY -law 2019-051, Section 5.7a)i)_
511
ZoningB -law 2019-051, All Other Zones Proposed
Use
Units ! GFA
Parking Rate Parking Spaces Parking Supply Variance
NA
none
Required
Residential
378 Units
1.0 s !unit
378 303 -75
Visitor
None'
- 30 +30
Non-
Residential
2 657sgm
1.0 SP/35 Sqm
18 32 -44
454 365 1 -122
Note: 1. Visitor parking is exempt from parking requirement as per City of Kitchener Zoninp BY -law 2019-051, Section 5.7a)i)_
511
Region of Waterloo Comments:
No concerns
Grand River Conservation Authority (GRCA) Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
application.
GRCA has no objection to the approval of the above application. The subject property
does not contain any natural hazards such as watercourses, floodplains, shorelines,
wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and,
therefore, a permission from GRCA is not required.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Page 164 of 403
FII fIG 5 = +5p 4rnntres 0
Accessory Building
NA
NA
none
Parking
454 SPace t5-5)
M5 spaces
Permit a total of 305 spaces
Other
Region of Waterloo Comments:
No concerns
Grand River Conservation Authority (GRCA) Comments:
Grand River Conservation Authority (GRCA) staff has reviewed the above -noted
application.
GRCA has no objection to the approval of the above application. The subject property
does not contain any natural hazards such as watercourses, floodplains, shorelines,
wetlands, or valley slopes. The properties are not subject to Ontario Regulation 41/24 and,
therefore, a permission from GRCA is not required.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Page 164 of 403
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance
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 additional information on the City's website or by emailing the
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 Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
ATTACHMENTS:
Attachment A - Conditionally -Approved Site Plan Drawing (SP24/026/M/CD)
Page 165 of 403
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Page 166 of 403
November 18, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No.: D20-20/
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
Subject: Committee of Adjustment Meeting December 10, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have
the following comments:
1)
A 2024
- 107
— 15-105 Moorgate Crescent — No concerns
2)
A 2024
- 108
— 42 Wendy Crescent — No concerns
3)
A 2024
- 109
— 25 Sandsprings Crescent — No concerns
4)
A 2024
- 110
— 171 Otterbein Road — No concerns
5)
A 2024
- 111
— 124 Cedar Street — No concerns
6)
A 2024
- 112
— 578 Guelphh Street — No concerns
7)
A 2024
- 113
— 1838 Trussler Road — It is understood that the existing throat width
at the property line for the access onto Trussler Road is not changing, and all
proposed driveway widening is happening on private property. Any changes
within the Region right-of-way will require an Access Permit from the Region of
Waterloo.
8) A 2024
- 114 —
98-102 Weber Street East —
No concerns
9) A 2024
— 115
— 217 Lancaster Street West
— No concerns
10)A 2024
— 116
— 221 Lancaster Street West
— No concerns
11)A 2024
— 117
— 225 Lancaster Street West
— No concerns
12)A 2024
— 118
— 229 Lancaster Street West
— No concerns
13)A 2024
— 119
— 233 Lancaster Street West
— No concerns
Document Number: 4828935
28935
Page 167 of 403
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.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than 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:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4828935
Page 168 of 403
November 25, 2024
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — December 10, 2024
Applications for Minor Variance
via email
A 2024-075
96 Wood Street
A 2024-110
171 Otterbein Road
A 2024-107
15-105 Mooregate Crescent
A 2024-111
124 Cedar Street South
A 2024-108
42 Wendy Crescent
A 2024-112
578 Guelph Street
A 2024-109
25 Sandsprings Crescent
A 2024-113
1838 Trussler Road
Applications for Consent
B 2024-017
135 Gateway Park Drive
B 2024-038
250 Shirley Avenue
B 2024-018
135 Gateway Park Drive
B 2024-039
120 Keewatin Avenue
B 2024-037
135 Gateway Park Drive
B 2024-040
120 Keewatin Avenue
Applications for Consent and Minor Variance
B 2024-041 to B 2024-047 217-233 Lancaster Street East & 98-102 Weber Street East
A 2024-114 to A 2024-119 217-233 Lancaster Street East & 98-102 Weber Street East
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(u-)_grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 169 of 403