HomeMy WebLinkAboutDSD-2025-126 - A 2025-026 - 250 Frederick StreetStaff Report
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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: Sheryl Rice Menezes, Senior Planning Technician,
519-783-8944
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: March 6, 2025
REPORT NO.: DSD -2025-126
SUBJECT: Minor Variance Application A2025-026 — 250 Frederick St
RECOMMENDATION:
That Minor Variance Application A2025-026 for 250 Frederick Street requesting relief
from the following sections of Zoning By-law 85-1:
i) Section 6.1.2 a) to permit a parking requirement of 117 parking spaces instead
of the minimum required 140 parking spaces; and
ii) Section 6.1.2 b) vi) to permit 8 visitor parking spaces instead of the minimum
required 28 parking spaces;
to facilitate the development of four (4) additional dwelling units in an existing
multiple dwelling having 108 units, for a total of 112 units, generally in accordance
with Site Plan Application SP24/032/F/SRM, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to permit the conversion of common amenity space on the
top floor of a high-rise apartment building to be converted into four residential dwelling
units with reduced parking requirements for overall parking and visitor parking spaces.
• The key finding of this report is that the requested minor variances meet all 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 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.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 215 of 270
Figure 1: Aerial photo
BACKGROUND:
The subject property is located at the intersection of Frederick and Gordon Streets.
It is identified as `Community Area' on Map 2 — Urban Structure and is designated `High
Rise Multiple Residential' in the Central Frederick Neighbourhood Plan in the City's 1994
Official Plan.
The property is zoned `Residential Nine Zone (R-9)' in Zoning By-law 85-1.
The purpose of the application is to permit two variances for parking to enable the
conversion of existing common space on the top floor (17th floor) to four dwelling units.
The common space is on the 17th floor, the top floor, and was originally designed as
recreation area with a sauna room and a hobby room. The owner would like to use these
unutilized vacant rooms to provide additional rental dwelling units for the community. It is
noted that the basement and parking levels in the building have storage lockers and
laundry facilities.
Site Plan Application SP24/032/F/SRM has received `Conditional Approval' for the four
proposed additional dwelling units. The plan was primarily prepared to identify the required
Visitor and Barrier Free parking spaces. The conditional Site Plan drawing, as well as two
levels of underground parking garage plans, are attached to this staff report.
Page 216 of 270
The owner previously applied for the same parking variances at a previous Committee of
Adjustment meeting, July 16, 2024. Previous staff report, DSD -24-322, supported the
parking variances. However, delegates attended the meeting with concerns. The
Committee ultimately refused the application.
Staff visited the site for this 2025 application on February 28, 2025.
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 intent of the High Rise Multiple Residential designation in the Central Frederick
Neighbourhood Plan is to acknowledge and permit the existing Acadian Apartment on the
subject land. Multiple dwellings more than 200 units per hectare are permitted. The
maximum floor space ratio is 4, with the above grade gross floor area not exceeding 4
times the lot area. As the building area is existing floor area, the residential conversion of
space is permitted and will meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the parking requirement is to ensure sufficient parking spaces are available
for residents and visitors of the building. It is noted that minor variance A209/86 (1986)
granted permission for 107 units to have 106 parking spaces (under Bylaw 4830). Then in
2012 (Bylaw 85-1), one additional unit was added for a total of 107 spaces required.
There were 117 spaces provided at that time as well.
The current zoning, `R-9', is within By-law 85-1 which has existed since 1994 on this
property. This zoning requires the proposed total of 112 dwelling units to have 140 parking
spaces (1.25 parking spaces per dwelling unit) and 28 visitor parking spaces (20% of the
required parking). It is noted that the property will be rezoned in the future into the newest
City Zoning By-law 2019-051.
In the new by-law, 2019-051, the parking requirement for 112 units would be 1 space per
dwelling unit resulting in 112 spaces being required; as well as 12 visitor parking spaces
for a total of 124 required parking spaces. This is substantially less parking than currently
required and is closer to the 117 spaces proposed in the Site Plan.
Page 217 of 270
Figure 3: View of property from street.
Currently, there are no visitor parking spaces on site as this was not a requirement when
the building was constructed in 1968. By providing eight visitor spaces on the surface
outside the property will ensure demarcated and dedicated parking spaces for visitors.
Staff note that the property is one block from the Strategic Growth Area which has no
minimum parking requirement. The property is on a bus route and just outside the 800
metres to an LRT station. Transportation Planning staff support the proposed parking
variance.
It is noted that 5 barrier -free parking spaces are required (under both by-laws) and that 5
barrier -free spaces are proposed. There is no variance required for these spaces.
Accordingly, the variances will meet the general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
As noted above, the proposed parking reduction is closer to what will be required when the
property is rezoned under By-law 2019-051 which would be 124 spaces. The property is
close to public transportation and within walking distance to the city's downtown area. The
owner has also noted on the Site Plan that vertical bicycle parking will be provided on the
ground floor adjacent to the building. It is also noted that the applicant has provided
comments in Appendix 5 of his application that notes a study by Paradigm Transportation
Solutions concludes that the existing 117 spaces are `expected to be sufficient for the
Page 218 of 270
proposed development'. As noted previously, City Transportation have advised that they
have no concerns. Staff are of the opinion that the parking variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The common amenity space on the top floor was originally a recreation area with a sauna
and hobby room and viewed to be unutilized vacant area by the current owner. There does
exist a landscaped area with a picnic table in the north-east corner of the property as
shown on the ground level of the Site Plan.
The addition of dwelling units is a gentle intensification of the existing residential building
on the subject property and supports the City Housing Pledge in the supply more
residential rental units.
The proposed parking are desirable for the appropriate development and can be
considered minor and meeting the intent of both Official Plan and Zoning By-law.
Environmental Planning Comments:
No comments.
Heritage Planning Comments:
The property municipally addressed as 250 Frederick Street does not have any heritage
status. However, the subject property is located within the Central Frederick Neighborhood
Cultural Heritage Landscape (CHL). 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 owner
and the public will be consulted as the City considers listing CHLs on the Municipal
Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for
each CHL with specific conservation options.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the additional residential units in the existing building is obtained prior to construction.
Please contact the Building Division at building(a)kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
All Parks requirements will be addressed through Site Plan Application SP24/031/F/SRM.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No comments.
Page 219 of 270
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 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 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 85-1
• Minor variance application A2024-052
ATTACHMENTS:
Attachment A — Site Plan (Conditionally Approved)
Attachment B - Underground garage parking plan (2 levels)
Page 220 of 270
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Region of Waterloo
March 4, 2025
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 4A 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 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
Document Number: 4920494 Version: 1
Page 224 of 270
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,
-Tfo�—
Tanikia Kinear, C.E.T.
Senior Transportation Planner
(519) 897-5691
Document Number: 4920494 Version: 1
Page 225 of 270
March 3, 2025
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 — 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
B2025-008 11a & 11b Chicopee Park Court
via email
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.
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River
Page 226 of 270
Should you have any questions, please contact me at aherreman(c-grandriver.ca or 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Page 227 of 270