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HomeMy WebLinkAboutCA - 2017-12-12 - A 2017-128 - 51 David StI rTc:�I t .R Staff Report Community Services Department wwwkitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 APPLICATION #: A2017-128 ADDRESS: 51 David St. PROPERTY OWNER: 1841807 Ontario Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: December 1, 2017 Subject Property: 51 David Street Report: The subject property is located at 51 David Street in the Victoria Park Neighbourhood. Situated on the east side of David Street midblock between Joseph Street and Courtland Avenue West, this vacant parcel measures 0.097 ha in area that once housed two derelict residential dwellings demolished in 2014. Surrounding land use is open space (Victoria Park) to the west and medium to high density multiple residential to the north, south and east. The subject property is designated Mixed Use in the Victoria Park Secondary Plan, zoned High Intensity Mixed Use Staff Report I rTc'.�►E t .R Community Services Department wwwkitchener.ca (MU -3) with Special Use Provision (397U) and Special Regulation Provision (507R) of By-law 85-1. 51 David Street also falls within the Victoria Park Heritage District. The owner is proposing to re -develop the property with a 30 unit, six storey step -backed apartment building as illustrated below. The height of the building adjacent to David Street is three storeys stepping up to four, five and ultimately six storeys approximately one-third of the depth of the lot. Vehicular access is proposed off of David Street leading to an internal stacked automated parking system located on the main level. All parking will be contained within the building. Proposed Building - 51 David St. Site Plan Application SP17/113/D/BB was submitted recently in support of the proposed development. To implement the proposal, several minor variances are required as follows: • Relief from Section 55.2.1 to permit a rear yard setback of 4.0 metres whereas a minimum of 7.5 metres is required:, • Relief from Section 55.2.1 to permit a front yard setback of O.Om from David Street whereas a minimum of 1.5 metres is required; • Relief from Special Regulation Provision 507R to permit a building height of 21.1 metres within 30 metres of David Street whereas 13.5 metres is permitted within 30 metres; • Relief from Section 6.1.2.a to permit a parking ratio of 0.67 spaces per unit instead of 1.0 space per unit; and • Relief from Section 6.1.2.a to permit three visitor spaces instead of the required five. Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca In support of the application request, the applicant has submitted a letter to staff justifying the need for these variances. It also includes a Traffic Demand Management checklist reviewed by Transportation Planning to inform the parking reductions being sought. Planning Comments: In considering the four tests for 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: 1. Front yard, Rear yard and Height Variances Portions of the new 2014 Official Plan for the City of Kitchener are under appeal. The Victoria Park Secondary Plan is in effect and was not reviewed as part of the new Official Plan. The City will be commencing a secondary plan review in 2018. The subject lands are designated `Mixed Use Corridor' with Special Policy 6. Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods as employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Special Policy 6 stipulates that the redevelopment of lands to a depth of 30 metres from the David Street street line shall be limited in height to four storeys. The intent of this policy is to create a density gradient or `bowl effect' overlooking Victoria Park to maintain the low rise form of development fronting the park on all sides, to orient more of the height towards Queen Street and to preserve sight lines to the park from buildings beyond 30 m from the park. The Mixed Use Corridor designation in the Victoria Park Neighbourhood Secondary Plan permits multiple dwellings with a maximum FSR of 4.0. In the opinion of staff the proposed rear yard, front yard and building height variances meet the general intent of the Official Plan. The Mixed Use designation supports the use of a multiple dwelling at a higher intensity of use. The proposed building is stepped in order to direct building height away from David Street and towards Queen Street. As a result, view sheds along David Street and from Victoria Park are maintained thus meeting the intent of Special Policy 6. In addition, a higher level of urban design is being achieved through the design of the site and the proposed architecture of the building. In the opinion of staff, the general intent of the Zoning By-law is being met. The reduction in the front yard setback is a result of a road widening dedication that was conveyed to the City in 2016. This is referred to as a technical variance. The proposed rear yard setback of the proposed building ranges from 5.1 metres to 4.0 metres. This is a result of an angled rear property line. The overall intent of the rear yard setback is to ensure both private amenity space and adequate separation are provided. In the opinion of staff, both of these objectives are being met. Firstly, the development proposal is providing private rear yard amenity spaces for those units located at the rear of the building on the main level. This space will directly back onto an existing amenity space for a seven storey retirement home (Victoria Place) located at 290 Queen Street South. Secondly, the amenity space located at 290 Queen Street South is expansive containing a number of mature trees and vegetation Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca which will maintain privacy and a buffer. Moreover, the distance between the buildings will be approximately 28 metres, which in combination with the existing trees and vegetation, ensures adequate building separation is being achieved and any associated impacts mitigated. Shadow impacts already occur from the residential tower located at the corner of Queen Street and Courtland Avenue. According to Special Regulation Provision 507R, the maximum building height shall be 13.5 metres within 30 metres of the street line of David Street. This special regulation is intended to implement Special Policy 6 of the Victoria Park Secondary Plan. The figure below best illustrates the variance. The dashed area indicates that portion of the building that exceeds the height requirement of 13.5 metres within 30 metres. �.., The variance is required in order to push the building mass towards the rear of the lot and minimize impacts on David Street. The intent of this provision is to conserve the view sheds and heritage attributes of Victoria Park. In the opinion of staff, this has been achieved with the stepped design of the building and applicant's angular plane analysis shown above confirms this. City's Cultural Heritage staff is supportive of the design. The proposed variances for the front and rear yards and building height are considered minor and appropriate for the use of the land. The Mixed Use policies and zoning support the use and density of the proposal under consideration, and the subject property is surrounded by similar medium to higher density residential uses. In the opinion of staff, any impacts associated with these variances have either been mitigated through design or through existing buffers. The proposal has been designed in a manner to limit height along David Street in order to conserve views along David Street and to and from Victoria Park. 2. Parking Variances The applicant is requesting 0.67 parking spaces per unit calculation instead of the required 1.0 space per unit in addition to requesting three visitor spaces instead of a required five spaces. Section 13 of the City's Official Plan is in force and effect and provides direction with respect to parking in the City. Two key objectives are: 0 To ensure adequate parking standards and regulations are in place and enforced; and Staff Report I rTc'.�► t .R Community Services Department wwwkitchenerca • To reduce parking space demand in support of active transportation and transit and potential redevelopment of surface parking lots especially in intensification areas The subject property is located just outside of the designated Downtown, but is within walking distance to two major transit facilities and a parking garage owned by the City. The Mixed Use Three (MU -3) zoning of 51 David Street confirms it is located within an area of intensification. The area is well served by higher order transit, walking trails and bicycle lanes. No surface parking is being proposed with this development. As a result, it is the opinion of staff the general intent of the Official Plan is being maintained. The intent of the zoning by-law is to ensure adequate parking exists on site to avoid parking problems or spillover onto nearby City streets. Mixed Use zoning requires 1.0 space per residential unit. In this case, 30 spaces are required and 20 are proposed representing a rate of 0.67 spaces/unit. To support the reduction, the applicant has submitted a TDM checklist dated October 24, 2017. The checklist is used to calculate parking reductions based on providing any number of TDM measures such as the provision of bicycle storage or meeting certain locational criteria. Transportation Planning staff has reviewed the checklist and is satisfied the reduction proposed is justified. At the same time, staff has also reviewed the details for the Klauss stacked parking system submitted by the applicant and are satisfied that the measures outlined in the Visitor Parking Functional Plan dated November 29, 2017 are acceptable. The variance is considered minor and appropriate for the use of land in the opinion of staff. The subject property is located within a mixed use area where intensification is supported and in close proximity to higher order transit and a City -owned parking garage. There is also street parking available along a section of David Street. Staff has no further concerns. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed 6 storey multi -residential development. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: Transportation Services would support the proposed applications subject to agreeing to implement the TDM measures outlined in the TDM Checklist of October 24, 2017 and the details of the Visitor Parking Functional Plan dated November 29, 2017. Engineering Comments: No concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variances. The subject property is located within the Victoria Park Area Heritage Conservation District (VPAHCD). As such, it is designated under Part V of the Ontario Heritage Act and subject to the policies and guidelines of the VPAHCD Plan. A copy of the District Plan is available online — htt ://www. kitchen er.ca/en/livi ng in itch ener/resources/Heritage plan victoria park. df. As part of the Site Plan application process, a Heritage Impact Assessment (HIA) was required. The HIA was submitted, and was generally favourably received by the Heritage Kitchener Committee in September of 2017. Following the review of the HIA, the applicant applied for a Staff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca Heritage Permit, whereby the design of the development reflected the variances requested in the subject Committee of Adjustment application. The Heritage Permit application will be presented to Heritage Kitchener Committee on December 5th, 2017 and Heritage Planning staff are recommending approval. Subsequently, Heritage Planning staff have no concerns with the proposed variances, and are in support of the proposed development. 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. The CHLS was the first step of a phased cultural heritage landscape (CHL) conservation process. The owner of the property municipally addressed as 51 David Street is advised that the property is located within the Victoria Park Neighbourhood CHL. 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. Please contact Michelle Drake, Senior Heritage & Policy Planner, for more information. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That Application A2017-128 seeking relief from: Section 55.2.1 to permit a rear yard setback of 4.0 metres whereas a minimum of 7.5 metres is required; Section 55.2.1 to permit a front yard setback of O.Om from David Street whereas a minimum of 1.5 metres is required; Special Regulation Provision 507R of Appendix D to permit a building height of 21.1 metres within 30 metres of David Street whereas 13.5 metres is permitted within 30 metres; Section 6.1.2.a to permit a parking ratio of 0.67 spaces per unit instead of 1.0 space per unit; and Section 6.1.2.a to permit 3 visitor spaces instead of the required 5 visitor spaces be approved subject to the following condition: 1. That Site Plan Application (SP17113/D/BB) receive full and final approval by December 31, 2018 to the satisfaction of the Manager of Site Development and Customer Service. 2. That the Owner agrees to implement the TDM measures outlined in the TDM Checklist of October 24, 2017 by December 31, 2018 to the satisfaction of the Director of Planning in consultation with the Director of Transportation Planning. 3. That the Owner agrees to implement the details of the Visitor Parking Functional Plan dated November 29, 2017 by December 31, 2018 to the satisfaction of the Director of Transportation Planning. Brian Bateman, MCIP, RPP Senior Planner Juliane von Westerholt, MCIP, RPP Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority.