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Home My WebLink AboutDSD-2025-115 - A 2025-021 - 2880 King Street East 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: Adiva Saadat, Planner, 519-783-7658 WARD(S) INVOLVED: Ward 2 DATE OF REPORT: March 4, 2025 REPORT NO.: DSD-2025-115 SUBJECT: Minor Variance Application A2025-021 2880 King Street East RECOMMENDATION: That Minor Variance Application A2025-021 for 2880 King Street East requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051, to permit a parking requirement of 27 parking spaces instead of the minimum required 44 parking spaces, to recognize the parking configuration for the existing building on the subject property, BE DEFERRED to the September 16, 2025 Committee of Adjustment Meeting, or sooner, to allow the Applicant time to complete a Parking Justification Study, to the satisfaction of the Director of Transportation Services. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to recognize the parking configuration and supply for the existing building on the subject property. The key finding of this report is that Staff are unable to determine whether the variance would meet the four tests in the absence of a Parking Justification Study. 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 re Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located on King Street East where it merges into Weber Street East and intersects with the Highway 8 access. It is in the Centreville Chicopee neighbourhood which is comprised of commercial and residential uses. *** 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 2880 King Street East(Outlined in Red) The subject property is Urban Structure and is General Commercial(COM-2-law 2019-051. The purpose of the application is to recognize the existing parking supply for the existing building on the subject property which will allowthecontinued operation of businesses. In the Zoning By-law 85-1 Section 6.1.2(a), the multi-unit parking requirement is 1 parking space per 22 square metres. Thisrequired 27 parking spaces for the site,and it was provided for and approved as a part of the Site Plan Application in November 25, 1991. As perZoning By-law 2019-051 has come into effect, the multi-unit parking rate applies only to amaximum of 30% of total restaurant useaccording to Section 5.6, table 5-5 (3) a. (3)The following shall only apply to a multi-unit building or multi-unit development with a gross floor area of 1,000 square metres or less where the multi-unit parking rate applies: a.Restaurant and health clinic shall each only be permitted to use the multi-unit parking rate up to a maximum of 30 percent of the gross floor area of the multi-unit building or multi-unit development. Parking space requirements for additional gross floor area shall be in accordance with the individual rate identified in Table 5-5; Any additional restaurant space beyond this threshold of 30% must meet the restaurant parking requirement, which is 1 parking space per 7.5 square metres. Since a new restaurant is being proposed on the site, the overall parking requirement has increased under the current Zoning By-law beyond what has been functioning under the approved existing plan from 1991. This increase is due to the maximum 30% of the total restaurant use to be calculated at a multi-unit parking rate and the remaining restaurant use to be calculated under individual restaurant use parking rate, which requires more parking than the multi-unit parking rate. Below is a breakdown of the parking calculation: There are 5 units in the building. A Restaurant 152.3 m² B Retail 81 m² C Retail 84.79 m² D Proposed restaurant 106.8 m² E Restaurant 175.11 m² Total retail use: (81 m² + 84.79 m²) = 165.79m² Total restaurant use: (600 m² - 165.79m²) = 434.21 m² The maximum 30% of the building GFA which is 180m² of restaurant and 165.79m² non- restaurant Unit B and C qualifies for the multi-unit rate. Multi-Unit Rate: (180m² restaurant + 165.79m² non-restaurant unit B and C) ÷ 35 m² = 10 spaces Remaining restaurant area that exceeds the 180m² multi-unit threshold 434.21 m² - 180 m² = 254.21 m² Individual rate for the remaining (254.21 m² ÷ 7.5 m²) = 33.89 (round up to 34 spaces) Total Parking Calculation -Unit Rate: 10 spaces remaining restaurant space: 34 spaces Total: 10 + 34 = 44 spaces Under the previous Zoning By-law 85-1 parking regulations, on which the site was originally built, increased parking requirements would not have applied. Due to site constraints, there is insufficient space to provide the required number of parking spaces required by Zoning By-law 2019-051 Section 5.6, table 5-5 (3) a. As a result of the increased parking requirement, due to the addition of a new restaurant use and insufficient space, the applicant is seeking a minor variance to recognize the existing parking supply. Notice of Minor Variance Application Upon further review of the parking requirements and discussion with Transportation Planning staff, it was determined that based on the proposed new restaurant use in the building, the parking requirement is in fact 44 parking spaces and not the 35 parking spaces that was advertised. No further notice is deemed to be required as the request to recognize 27 parking spaces has not changed. The applicant has submitted site plan application SPB24/097/K/AS and it is currently under review. Through the review of the Minor Variance Application, a Parking Justification Study has been requested by Transportation Services staff. The Site Plan Application will be put on hold until such time as the Minor Variance Application is considered. Figure 2: Site Plan in Accordance with SPB24/097/K/AS Planning Staff conducted a site visit on February 27, 2025 Figure 3: Existing Site Conditions as of February 27, 2025 REPORT: Planning Comments: In accordance with the comments of Transportation Services Staff below, Planning staff is recommending a deferral of Minor Variance Application A2025-021 for 6 months, or sooner, to allow the Applicant time to prepare a Parking Justification Study. Environmental Planning Comments: No comments or concerns. Heritage Planning Comments: No comments or concerns. Building Division Comments: No comments or concerns. Engineering Division Comments: No comments or concerns. Parks and Cemeteries/Forestry Division Comments: No comments or concerns. Transportation Planning Comments: City Transportation Staff recommends a Parking Study is prepared by the Applicant to support the application. Based on a high-level internal review of expected parking demand, City Transportation Staff expect that the expected parking demand will be unable to be accommodated within the site and the demand may be greater than the by-law requirement. It is noted that in multi-unit commercial buildings, a lower parking supply can be accommodated as the various functions will have peak parking demands at different times. rant. Therefore, the site does not need to accommodate the total peak parking demands of each use at the same time. However, restaurants generate very large traffic volumes and have a greater parking demand per square metre compared to other land uses. If the building is primarily occupied by restaurant land uses, the restaurant parking rate should be applied so parking can be sufficiently accommodated on site. Due to the interconnected nature of the site with adjacent private developments, City Transportation staff advise that any excess parking demand is currently/may be burdened by adjacent developments in the near term. In the future, if the adjacent properties redevelop or in a dispute, access to these spaces may not be possible. While excess parking can be accommodated on Centreville Street, visitors new to the site may not be familiar with how to access the roadway unless they are familiar with the area. 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 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 ebsite 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 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