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Home My WebLink AboutDSD-2025-129 - A 2025-019 - 114 Madison Avenue South Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 18, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Tim Seyler, Senior Planner, 519-783-8920 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: March 5, 2025 REPORT NO.: DSD-2025-129 SUBJECT: Minor Variance Application A2025-019 114 Madison Ave. S. RECOMMENDATION: That Minor Variance Application A2025-019 for 114 Madison Avenue South requesting relief from the following Sections of Zoning By-law 85-1: i) Section 6.1.2 b) vi) A) to permit one (1) visitor parking space at a rate of 0.1 visitor parking spaces per dwelling unit, instead of the minimum required two (2) visitor parking spaces at a rate of 0.15 visitor parking spaces per dwelling unit; ii) Section 40.6 to permit a side yard setback of 1.5 metres instead of the minimum required 2.5 metres; and iii) Section 40.6 to permit a Floor Space Ratio of 1.58 instead of the maximum permitted Floor Space Ratio of 0.6; to permit a 10 unit multiple dwelling generally in accordance with drawings prepared by Marius Ardelean Designer, dated February 18, 2025, BE APPROVED subject to the following conditions: 1. That the Owner provides confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. It the demand cannot be supported, the Owner shall make an application through the Off-Site works process, to the satisfaction of the Director of Engineering Services. 2. That the Owner shall make an application for a Site Alteration Permit, to the satisfaction of the Director of Engineering Services, prior to an application for a Building Permit being received. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3. That the Owner acknowledge that any new driveways or widenings to existing drivewaysare to be built to City of Kitchener standards andthat the Owner confirms, , if an application for a Curb Cutting/ Driveway widening permit is required prior to an application for a Building permit being received. 4. That the Owner shall: a) Prepare a Tree Preservation Plan for the Subject Lands, in accordance with Manager, Site Plans and , and where necessary, implemented prior to any grading, servicing, tree removal or the issuance of Demolition and/or Building Permits. Such plans shall include, among other matters, the identification of a proposed building envelope/work zone, a landscaped area and the vegetation to be preserved. If necessary, the plan shall include required mitigation and or compensation measures. b) That the Owner further agrees to implement the approved plan. No changes to the said plan shall be granted except with the prio Manager, Site Plans. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a 10 unit residential multiple dwelling. The key finding of this report is that the minor variances meet the 4 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 Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on the north side of Madison Avenue South near the intersection of Madison Avenue South and Courtland Avenue East. Figure 1: Location Map: 114 Madison Avenue South Protected Major Transit Station Area Strategic Growth Area A Land Use in the Residential Six Zone (R-6-law 85-1 Growth Zone (SGA--law 2019-051. The purpose of the application is to review a minor variance application to permit a 10 unit residential multiple dwelling. The applicant is proposing a 10 unit dwelling in the form of townhouses. It should be noted that the SGAones are still under appeal and are not in effect at the time of this report. If the new zoning was in effect none of the minor variances within this report would be required and the proposed building would meet the zoning regulations as of right. Given the uncertainty of when the SGA zone will come into effect, the applicant is requesting variances to Zoning By-law 85-1 in order to commence development as soon as is possible. Figure 2: Proposed Site Plan Figure 3: Current site conditions 114 Madison Ave. S. 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 lands are designated Area land use designation is generally intended to accommodate intensification within existing predominantly low-rise residential neighbourhoods. The designation also accommodates a range of low and medium density residential housing types including those permitted in the Low Rise Residential and Medium Rise Residential land use designations. Staff is of the opinion that the variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Parking The intent of the minimum parking regulations is to ensure that there is enough parking within the property for residents and their visitors. The reduction of parking results in one less parking space provided on site. Each unit will have their own private garage for parking a vehicle and there will be one barrier free accessible visitor space on the property. Further, the forthcoming SGA zoning does not require a minimum parking rate as the SGA-1 area is defined to be close to alternative transit options within the City. The property is also suppling the approved bicycle parking rates as outlined within the new Zoning By-law for the Protected Transit Station Areas. Side yard setback The intent of the side yard setback is to ensure there is adequate separation and no adverse impacts to the adjacent residential properties. The development will be setback the required 1.5 metres that is within the new SGA-1 zoning. The reduction of 1 metre is appropriate for the development and will still provide sufficient access and setback. Floor Space Ratio The intent of the maximum Floor Space Ratio is to ensure that developments are appropriate in terms of massing, height and density on a property. The proposed new SGA-1 zoning does not have a maximum Floor Space Ratio calculation within, and buildings are subject only to height restrictions through the new zoning to ensure developments are compatible within the neighbourhoods. The development is a 3 storey building which is compatible within the surrounding community and the building will not ne with the increase in FSR. Staff is of the opinion that the variances meet the general intent of the Zoning By-Law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the requested variances are minor as the variances that are requested are to support a new residential development. The proposed variances are not will not present any significant impacts to adjacent properties or the overall streetscape and neighbourhood. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate for the development and use of the land as their approval will facilitate the construction of a new residential development within a strategic growth area ahead of the appeal of the SGA Zones being resolved. Environmental Planning Comments: No natural heritage planning concerns. 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 114 Madison Avenue South is located within the Cedar Hill Neighbourhood CHL. The proposed variances are not anticipated to have any major impacts on the cultural heritage value of the Cedar Hill Neighbourhood. As such, staff have no concerns. Staff would, however, encourage that any new development be compatible with the surrounding character of the neighborhood in terms of setbacks, massing, and materials. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the 10 units residential building is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: That the Owner provides confirmation, to the satisfaction of the Director of Engineering Services, that the existing services can support the proposed additional demand prior to an application for a Building Permit being received. If the demand cannot be supported, the Owner shall make an Application through the Off-Site Works Process, to the satisfaction of the Director of Engineering Services. That as this property is over 0.1 ha in size which triggers the Site Alteration By- Law, the Owner shall make an Application for a Site Alteration Permit, to the satisfaction of the Director of Engineering Services, prior to an application for a Building Permit being received. That the Owner acknowledges that any new driveways or widenings to existing driveways are to be built to City of Kitchener standards and that the Owner confirms, to the satisfaction of the Director of Engineering Services, if an application for a Curb Cutting/Driveway Widening Permit is required prior to an application for a Building Permit being received. Parks and Cemeteries/Forestry Division Comments: There is an existing City-owned street tree that will be impacted by the proposed development. It is expected that all City owned tree assets will be fully protected to City standards throughout demolition and construction as per Chapter 690 of the current Property Maintenance By-law. A revised plan should be submitted along with a Tree Protection and Enhancement Plan (TPEP) showing full protection for the existing City tree to the Director of Parks and Cemeteries. Grading and Servicing plans should accompany the Building Permit submission. Please clearly indicate the location of tree trunks, dripline and offsets to proposed fencing and construction work zone. Securities for protected trees and/or compensation for removed trees may be required. Clearance from the Director of Parks and Cemeteries for the revised plan and approval of the Tree Protection and Enhancement Plan and Arborist Report and any necessary compensation is required prior to the issuance of a Demolition Permit or Building Permit Parkland Dedication fees will be required for the new residential units to be paid prior to the issuance of the Building Permit. Transportation Planning Comments: The driveway entrance and the drive aisle should provide a 6.0 metre minimum width exclusively on the subject property to accommodate emergency service vehicles, unless the southerly neighboring property would agree that any future development would share the driveway access. 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 dvance 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 ailing 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-laws 85-1 and 2019-051 March 4, 2025 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 013 160 Grand River Boulevard - No Concerns 2) A 2025 014 51 Meadowridge Street - No Concerns 3) A 2025 015 1180 Union Street - No Concerns 4) A 2025 016 45-53 Courtland Avenue East - No Concerns 5) A 2025 017 1157 & 1175 Weber Street East- No Concerns 6) A 2025 018 - 60 Wellington Street North - No Concerns 7) A 2025 019 - 114 Madison Avenue South- No Concerns 8) A 2025 020 - 15 Palace Street - No Concerns 9) A 2025 - 021 - 2880 King Street East No Concerns 10) A 2025-022 - 25 Haldimand Street - No Concerns 11) A 2025-023 - 140 Byron Avenue No Concerns 12) A 2025-024 - 507 Stirling Avenue South No Concerns 13) A 2025-025 - 93-95 Kinzie Avenue No Concerns 14) A 2025-026 - 250 Frederick Street No Concerns 15) A 2025-027- 13 Chicopee Park Court No Concerns 16) A 2024-096 - 165 Fairway Road North No Concerns 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ 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, Tanikia Kinear, C.E.T. Senior Transportation Planner (519) 897-5691 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ March 3, 2025 via email 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 March 18, 2025 Applications for Minor Variance A 2024-096 165 Fairway Road North A 2025-013 160 Grand River Boulevard A 2025-014 51 Meadowridge Street A 2025-015 1180 Union Street A 2025-016 45-53 Courtland Avenue East A 2025-017 1157-1175 Weber Street East A 2025-018 60 Wellington Street North A 2025-019 114 Madison Avenue South A 2025-020 15 Palace Street A 2025-021 2880 King Street East A 2025-022 25 Haldimand Street A 2025-023 140 Byron Avenue A 2025-024 507 Stirling Avenue South A 2025-025 93-95 Kinzie Avenue A 2025-026 250 Frederick Street A 2025-027 13 Chicopee Park Court Applications for Consent B 2025-006 142 Carson Drive B 2025-007 13 Chicopee Park Court B 2025-008 11a & 11b Chicopee Park Court 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 haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority