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Home My WebLink AboutDSD-2025-093 - A 2025-020 - 15 Palace Street 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: Arwa Alzoor, Planner, 519-783-8903 WARD(S) INVOLVED: Ward 6 DATE OF REPORT: February 27, 2025 REPORT NO.: DSD-2025-093 SUBJECT: Minor Variance Application A2025-020 15 Palace Street RECOMMENDATION: That Minor Variance Application A2025-020 for 15 Palace Street requesting relief from Section 5.5 c) of Zoning By-law 2019-051 to reduce the width of a bicycle space to 0.45 metres instead of the minimum required 0.6 metres and to reduce the bicycle parking overhead clearance to 1.2 metres instead of the minimum required 2.1 metres, to facilitate the minor revision to the bicycle parking of the proposed development of the 8-storey multiple dwelling in accordance with the conditionally approved Site Plan Application SP24/081/P/AA, BE APPROVED subject to the following condition: 1. Services of the final vendor/design of the bicycle parking racks to confirm their functionality. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to reduce the bicycle parking dimensions in the underground parking level of an eight-storey multiple dwelling building currently under construction The key finding of this report is that variances meet the 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 s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is at 15 Palace Street, situated on a private street (Palace Street) and located near the intersection of Elmsdale Drive and Ottawa Street South. Figure 1: Location Map of the Subject Property Figure 2: Zoning Map of the Subject property The subject property is identified as a Urban Structure , and Specific Policy Area 31 applies to the subject lands. Zone (MIX- Zoning By-law 2019-051. The subject property is currently being constructed to develop two eight-storey multiple dwelling buildings comprising 266 residential units, per the approved Site Plan Application SP21/038/P/CD. A previous Minor Variance Application (A2022-061) was approved to reduce the required parking rate for the development and to increase the maximum building height. Following the approvals, the applicant filed a Stamp Plan B Application (SP24/081/P/AA) for minor revisions to the approved site plan, including adjustments to the location of visitor parking, EV parking, and bicycle parking. These modifications have resulted in the bicycle parking being accommodated within a smaller locker space, leading to overlapping bicycle racks that do not meet the minimum dimensions required by the Zoning By-law. (Figures 3 and 4) The purpose of this minor variance application is to review and approve the reduction in bicycle parking width and overhead clearance to align with the revised site conditions. Bicycle parking width to be 0.45 metres instead of 0.6 metres. Bicycle parking overhead to be 1.2 metres instead of 2.1 metres. Figure 3: The Required Bicycle Parking Minimum Dimension Figure 4: The Proposed Bicycle Parking Configuration th Planning staff visited the site on February 28, 2025 Figure 5: A photo of the subject building is under construction 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 property is designated Mixed Use with Specific Policy Area 31 in the City of mixed use land use designation provides for a broad range of commercial, retail, institutional and residential uses at different scales and intensities. The Intent of Site Specific Policy Area 31 is to allow for redevelopment of the underutilized brownfield property to become a new mixed use focal point in the community. Site Specific Policy Area 31 contemplates mid-rise residential developments on the site up to 8 storeys in height, as well as a variety of office, retail, convenience and service-oriented uses that serve the day-to-day needs of the surrounding neighbourhood. The proposed construction of two 8-storey multiple dwellings with reduced bicycle parking dimensions meets the intent of the official plan as it provides the required bicycle parking that is functional to support the use. Planning staff is of the opinion that the requested variances are appropriate General Intent of the Zoning By-law The minimum bicycle parking dimension in the zoning by-law intends to ensure that bicycle parking spaces are functional, accessible, and accommodate safe spaces without obstruction. Although the proposed reduction in bicycle parking dimensions does not comply with the minimum requirements, the applicant has demonstrated that the modified layout can still accommodate bicycles in an organized manner while maintaining accessibility and usability for residents. (As per figure 4) Transportation Services staff will review the final vendor/design of the bicycle parking racks to confirm their functionality. Additionally, the revised bicycle parking arrangement remains consistent with intent of promoting active transportation by ensuring that secure and designated bicycle parking spaces are provided on-site. Given that the proposed modification allows for the efficient use of space while maintaining the functional intent of the By-law, the requested variances meet the general intent and purpose of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? The variances do not compromise the usability of the bicycle parking area, nor do they negatively impact the resid Therefore, the 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 variances does not negatively impact the development's functionality or accessibility. The proposed bicycle parking configuration continues to provide a secure and organized storage solution for residents, ensuring that alternative transportation options remain viable. Based on that, the proposed variance represents an appropriate and desirable adjustment that aligns with the development's intent and the efficient use of the property. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variances. Engineering Division Comments: No comments. Parks and Cemeteries/Forestry Division Comments: No Concerns Transportation Planning Comments: As a condition of the reduction in dimensions, City staff must approve the final vendor/design of the bicycle parking racks to confirm their functionality. 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 Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 Minor Variance A2022-061 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