HomeMy WebLinkAboutCSD-18-010 - A 2018-004 - 98-110 Victoria St S�, Staff Report
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REPORT TO: Committee of Adjustment
DATE OF MEETING: January 16, 2018
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Craig Dumart, Junior Planner- - 519-741-2200 ext. 7073
WARD: 9
DATE OF REPORT: January 3, 2018
REPORT # CSD -18-010
SUBJECT: Application #: A2018-004, 98-110 Victoria Street South
Applicant: GSP Group
Approve
RECOMMENDATION
That application A2018-004 requesting relief from Special Regulation 660R to provide parking at
a rate of 0 spaces for the first 100 residential units and non-residential uses, and 0.97 spaces
per residential unit thereafter (253 parking spaces will be provided for the entire site at full build
out) rather than a flat rate of 243 spaces for the site be approved (A required parking rate of
0.46 spaces per unit for 171 units in phase 1 and 0.916 spaces per unit for 179 units in phase 2
of the development).
Location map: 98-110 Victoria Street South
REPORT
Planning Comments:
The subject property is zoned Warehouse District Zone(D-6) with Special Use Provision 439U,
Special Regulations 656R, 657R, 658R, 659R, and 660R and are designated as a Special
Policy Area 15.D.2.68 within the Innovation District of the New Official Plan.
Special Regulation 660R requires a total number of parking for the entire site at 243 spaces for
both commercial and residential uses on site. In August 2017 the Committee of Adjustment
approved a parking rate for the entire site at a ratio of 0.69 spaces per unit, which achieved the
overall required number of spaces (243) at full build out. The purpose of the variance was to
facilitate the phasing of the development to meet all zoning requirements. After the variance
was approved by the committee, the applicant discovered the amended parking rate would not
meet the required parking for phase one and is proposing a revised parking ratio that will
successfully facilitate the phasing of the development to meet all zoning requirements.
The owner is requesting a similar variance to amend Special Regulation 660R to facilitate the
phasing of the development. The owner is seeking relief from Special Regulation 660R a) to
provide parking at a rate of 0 spaces for the first 100 residential units and non-residential uses,
and 0.97 spaces per residential unit thereafter (253 parking spaces will be provided for the
entire site) whereas Special Regulation Provision 660R a) requires 243 parking spaces for both
commercial and residential uses. The requested variance will result in a required parking rate of
0.46 spaces per unit for 171 units in phase 1 and 0.916 spaces per unit for 179 units in phase 2
of the development.
Construction of the development is planned over two phases. The first phase consists of Tower
1 and a portion of the common podium which will contain 79 parking spaces, as well as
commercial units, while the second phase will include Tower 2 and the remainder of the 174
parking spaces and the balance of the podium structure. The parking for the site is located both
below grade within the podium structure above grade with active uses wrapped around the
parking facility. Since Phase 1 would only result in the partial construction of the podium, only a
portion of the total required parking would be constructed until Phase 2 is completed. The
applicant wishes to phase the development and have Phase 1 occupied prior to the completion
of Phase 2. The current regulations of the zone create an implementation challenge, as it did
not factor the phasing into the overall development into the equation. That said, the total number
of required parking spaces at full build out will remain unchanged.
Staff conducted a site visit on December 8, 2017
Subject Lands 98-110 Victoria Street South (December 8, 2017)
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:
The subject property is designated as a Special Policy Area 15.D.2.68 within the
Innovation District of the New Official Plan. The Special Policy permits a mixed used
development with ground floor retail, restaurant and office uses and indicates that parking
will be further refined in the zoning by-law and may include shared parking. The proposed
variance will alter the way in which spaces are calculated or allocated based on a "per unit
ratio" rather than defining a total number of parking spaces for the entire site. It is staffs
opinion that the proposed variance for parking to be calculation on a "per unit ratio" basis
rather than a fixed number continues to meet the intent of the Official Plan which
encourages a full mix of commercial and residential high intensity of uses and
contemplates the sharing of parking. Council supported the Official Plan Amendment for
the Special Policy Area in the Innovation District which was intended to permit high intensity
mixed use development that is transit supportive. This variance continues to meet this
intent and supports the development of these lands for a transit supportive high intensity
mixed use development within the downtown and within walking distance of a Major Transit
Station Area.
2. The requested variance meets the intent of the Zoning By-law and can be considered
minor. The intent of the parking regulation is to ensure sufficient parking for residents,
employees and clients to the premises. The parking regulation envisions a true sharing of
the available parking for the mix of commercial and residential uses. Currently there are
243 parking spaces required for the entire development which includes 350 residential units
and commercial/office uses. The applicant is proposing that instead of using the fixed
number, that parking is provided at a rate of 0 spaces for the first 100 residential units
and non-residential uses, and 0.97 spaces per residential unit thereafter for entire the
development. This will result in 243 spaces when both phases are constructed, as was
originally required by the by-law. This approach would allow each phase to meet parking
requirements as they are completed. It is therefore staffs opinion that the requested
variance is appropriate and meets the intent of the zoning, as it continues to provide for
sufficient parking for the site and does not result in a reduction in the total number of
parking spaces.
3. Planning Staff is of the opinion that the variance requested is desirable as there is no
impact on the future users of the building or the neighbourhood, as the overall intended
number of parking spaces remains unchanged and continues to support a shared parking
arrangement for all uses on site. It is staff's further opinion that this approach to calculation
of parking spaces is appropriate and the variance proposed is desirable as it allows for the
implementation of the phasing of the development and some flexibility during construction.
This approach, if applied, will continue to ensure that sufficient parking is provided for each
phase of development. The allocation of parking spaces allows for the registration of a plan
of condominium for the first phase prior to the completion of the construction of balance of
the development. It is also noted that Transportation Services is in support of the proposed
parking variance.
4. The variances are appropriate for a high intensity mixed use development within the
downtown Innovation District and the Major Transit Station Area. As noted above, there
would be no impact on the overall parking to be provided for this development once fully
constructed and is therefore minor.
Based on the foregoing, Planning Staff recommends that this application be approved without
conditions.
Heritage Comments:
Heritage Planning staff has no concerns with the proposed variance.
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 was the first
step of a phased cultural heritage landscape (CHL) conservation process. Although the subject
property does not have formal heritage status (not designated or listed on the Municipal
Heritage Register), the owner of the properties municipally addressed as 98-110 Victoria Street
South is advised that the properties are located within the Warehouse District CHL. The owner
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.
Building Comments:
No concerns.
Environmental Planning Comments:
No concerns.
Transportation Services Comments:
Transportation Services supports the requested variance. The owner is requesting a similar
variance to A2017 — 091 to amend Special Regulation 660R to facilitate the phasing of the
development. The requested variance will result in a required parking rate of 0.46 spaces per
unit for 171 units in phase 1 and 0.916 spaces per unit for 179 units in phase 2 of the
development.
Engineering Services Comments:
No concerns.
Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP
Junior Planner Senior Planner
Region of Waterloo
January 02, 2018
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
(2) /06 Highland, McDonalds Restaurant
(6) /55, Roth, Ronald Lee
Re: Committee of Adjustment Meeting on January 16, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 197 Simeon Street (FN 2018-001): No concerns.
2. 431 Highland Road West (SG 2018-001): No concerns.
3. 3310 King Street East (A 2018-001): No concerns.
4. 375 Luella Street (A 2018-002): No concerns.
5. 197 Simeon Street (A 2018-003): No concerns.
6. 98-110 Victoria Street South (A 2018-004): 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.
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,
.::� ��. I 1__�
DOCS: 2598488
Joginder Bhatia
Transportation Planner
(519) 575-4757 ext 3867
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2307
Beth Brown, Supervisor of Fax: (519) 621-4945
Resource Planning E-mail: bbrown(cD-grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
December 22, 2017 A 2018-004 - 98-110 Victoria St S. A2017-004 - 98-110 Victoria St S.
RE: Application for Minor Variance A 2018-004
98-110 Victoria Street South, City of Kitchener
100 VIC GP Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted minor
variance.
BACKGROUND:
1. Resource Issues:
Based on previous reviews, we can confirm that the floodplain proper does not extend onto
the subject lands. However, a portion of the subject lands does fall within the 5 metre
regulated allowance associated with the floodplain and the property is therefore regulated by
the GRCA under Ontario Regulation 150/06.
2. Legislative/Policy Requirements and Implications:
We have reviewed the development through previous applications, including Site Plan
Application 14/85/V/JVW, and have no objection to the minor variance.
If future development is proposed within the allowance to the floodplain, a GRCA permit will
be required. The permit process involves the submission of a permit application to this
office, the review of the application by Authority staff and the subsequent approval/refusal of
the permit application by the GRCA.
3. Plan Review Fees:
We received a plan review fee for a previous Planning Act application, and will not charge
for our review of the current minor variance application.
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
Beth Brown
Supervisor of Resource Planning
Grand River Conservation Authority
cc: 100 VIC GP Inc. 607 King Street West, Suite 205 A, Kitchener ON N2G 1 C7
GSP Group (hholbrook@gspgroup.ca)
Page 1 of 1
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority