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HomeMy WebLinkAboutCSD-18-061 - A 2018-029 - 110, 130 & 136 Fergus AveStaff Repod Development Services Department l K.[Tr:��rF,R www kitchener. ca REPORT TO: Committee of Adjustment DATE OF MEETING: June 19, 2018 SUBMITTED BY: Alain Pinard, Director of Planning 519-741-2200 ext. 7319 PREPARED BY: Craig Dumart, Junior Planner 519-741-2200 ext. 7073 WARD: 2 DATE OF REPORT: June 4, 2018 REPORT NUMBER: Follow up to CSD -18-061 SUBJECT: Application #: A2018-029,110,130, & 136 Fergus Avenue Applicant: Paul Leveck Refuse On March 20, 2018, the Committee of Adjustment deferred consideration of application A2018- 029 requesting relief from: (1) Section 32.3.5 of the Zoning By-law to permit a maximum building height of 12.5 metres for a free standing multiple dwelling whereas a maximum building height of 10.5 metres for a free standing multiple dwelling is permitted; (2) Section 32.3.5 of the Zoning By-law to permit a side yard setback of 6.0 metres whereas a minimum of 6.25 metres is required; (3) Section 32.3.5 of the Zoning By-law to permit a maximum floor space ratio (FSR) of 0.853 for a free standing multiple dwelling whereas the Zoning By-law allows a maximum FSR of 0.6; (4) Section 6.1.2.a) to allow parking at a rate of 1.25 spaces per unit (total of 171 parking spaces) rather than the required parking rate of 1.5 spaces per unit; and (5) Section 6.1.2 (b)(vi)(b) to permit a required visitor parking rate of 17% (34 spaces for 137 units) rather than the required 20% until September 18, 2018 or until such time as an opportunity to work with staff regarding concerns outlined in the staff report. The applicant is at an impasse with staff and has not revised the proposed development to conform to the Official Plan, or comply with the Zoning By-law. Furthermore, the applicant's latest proposal does not address servicing constraints which are typically managed by way of a holding provision under Section 36 of the Planning Act. A Site Plan application was submitted May 17, 2018 after the Minor Variance application was rescheduled at the request of the applicant. On May 31, 2018, the Site Plan application was circulated to all commenting divisions and agencies. Planning Staff informed the applicant that staff may not be able to process the application in the timelines prescribed in the Planning Act without the complete submission requirements as outlined in the "Site Plan Application Staff Repod Development Services Department l K.[Tr:��rF,R www kitchener. ca Completeness Requirement Letter" and the record of pre -submission. Planning staff remain supportive of the refusal as recommended in CSD Report -18-061. Craig Dumart, BES, MCIP, RPP Junior Planner Attachments Alain Pinard. MA, MCIP, RPP Director of Planning Appendix "A" — Site Plan Application Completeness Requirement Letter Appendix "B" — CSD Report -061 J Staff Report KIT[ HEI�TER Community Services Department www.kitchenerca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT # SUBJECT: Committee of Adjustment March 20, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 2 March 9, 2018 CSD -18-061 Application #: A2018-029,110,130, & 136 Fergus Avenue Applicant: Paul Leveck Refuse Subject Properties • 7 D '7Q1 Location Map: 110, RECOMMENDATION 91 �`` Lr • ' f .. 130, & 136 Fergus Avenue .? That application A2018-029 requesting relief from: (1) Section 32.3.5 of the Zoning By-law to permit a maximum building height of 12.5 metres for a free standing multiple dwelling whereas a maximum building height of 10.5 metres for a free standing multiple dwelling is permitted. (2) Section 32.3.5 of the Zoning By-law to permit a side yard setback of 6.0 metres whereas a minimum of 6.25 metres is required. (3) Section 32.3.5 of the Zoning By-law to permit a maximum floor space ratio (FSR) of 0.853 for a free standing multiple dwelling whereas the Zoning By-law allows a maximum FSR of 0.6. (4) Section 6.1.2.a) to allow parking at a rate of 1.25 spaces per unit (total of 171 parking spaces) rather than the required parking rate of 1.5 spaces per unit. (5) Section 6.1.2 (b)(vi)(b) to permit a required visitor parking rate of 17% (34 spaces for 137 units) rather than the required 20%, be refused. Ili? Evangelical <y � h.liss ionary Church =136 Camila East gistd t v 1 U � 119 Emm �nu�l Eil:•la Subject Properties • 7 D '7Q1 Location Map: 110, RECOMMENDATION 91 �`` Lr • ' f .. 130, & 136 Fergus Avenue .? That application A2018-029 requesting relief from: (1) Section 32.3.5 of the Zoning By-law to permit a maximum building height of 12.5 metres for a free standing multiple dwelling whereas a maximum building height of 10.5 metres for a free standing multiple dwelling is permitted. (2) Section 32.3.5 of the Zoning By-law to permit a side yard setback of 6.0 metres whereas a minimum of 6.25 metres is required. (3) Section 32.3.5 of the Zoning By-law to permit a maximum floor space ratio (FSR) of 0.853 for a free standing multiple dwelling whereas the Zoning By-law allows a maximum FSR of 0.6. (4) Section 6.1.2.a) to allow parking at a rate of 1.25 spaces per unit (total of 171 parking spaces) rather than the required parking rate of 1.5 spaces per unit. (5) Section 6.1.2 (b)(vi)(b) to permit a required visitor parking rate of 17% (34 spaces for 137 units) rather than the required 20%, be refused. REPORT: Planning Comments The subject properties are municipally addressed as 110, 130, and 136 Fergus Avenue. The portion of the subject lands addressed as 110 Fergus Avenue (the severed land referenced in Consent Application B 2017-040) is currently developed with a post -secondary school campus that consists of a religious institution (chapel), an administrative office building, a campus centre (restaurant/cafeteria for students) and residential lodging houses (dorms) for the students. The subject properties municipally addressed as 130 and 136 Fergus Avenue are currently developed with two single detached dwellings. The applicant is proposing to demolish the existing institutional campus buildings on 110 Fergus Avenue and demolish the two existing single detached dwellings on 130 and 136 Fergus Avenue to redevelop the site with a 4 storey 102 unit multiple dwelling building and 35 townhouse units. The proposed development has split zoning across the subject lands and a split Official Plan designation. 110 Fergus Avenue and 130 Fergus Avenue are zoned 1-2 (Community Institutional Zone) with Special Use Provision 103U in the Zoning By-law and 136 Fergus Avenue is zoned Residential Four Zone at the front half of the property and zoned 1-2 (Community Institutional Zone) with Special Use Provision 103U at the rear of the property. 110 Fergus Avenue is designated `Institutional' in the Official Plan and 130 and 136 Fergus Avenue are designated `Low Rise Residential' in the Official Plan. Prematurity On November 28, 2017 planning staff met with the applicants at a pre -submission meeting to discuss a proposed site plan for the subject lands. At the meeting staff identified that parkland dedication would be required and that a Tree Management Plan would also be required to define the development envelope for the proposal. This is necessary to calculate floor space ratio, setbacks, and parking. Tree Management Plan Site Plan Pre -submission comment: The entire property (100, 110, 130 & 136 Fergus Ave) was the recipient of a LEAF grant in 2009. Part of the grant was to improve the sugar maples / forest on the property. In 2010, approx. 133 trees were planted throughout the property. In light of the treed nature of the entire property staff require the completion of a Tree Preservation / Enhancement Plan (maximizing tree retention) consistent with the requirements of the City of Kitchener's Council -adopted Tree Management Policy to determine what trees should remain. Parkland Dedication Site Plan Pre -submission Comment: The City of Kitchener has identified a gap in neighbourhood parkland delivery within this community. Increasing residential density through infill will exacerbate the lack of public park access. As a result should the lands be redeveloped for more intensive residential development, the City would pursue the park dedication requirement through land dedication in conjunction with the applicant to find mutually beneficial recreational land opportunities. At this time, the preferred location of public open space would front Fergus Ave. along the eastern border. The size of the potential public park will potentially be the maximum allowable per dedication requirements. The size of the park would define it as a "parkette" or "urban green", and operations staff have identified a minimum size of 0.0871 hectares with the balance of the dedication to be considered as cash -in -lieu of land. The City is open to working with the applicant to determine the most beneficial size, shape and alignment. Planning staff advised the applicant on January 17, 2018, that a minor variance application is premature until both the Tree Management Plan is completed and the parkland dedication determined. Once these issues are addressed, City staff will be able to confirm the developable area as it will be known how much land needs to be dedicated for parkland and the status of the woodlot. Once we have this information, staff will review a revised site plan and determine what variances are required based on the developable area. Without this information it is uncertain what land area can be developed and therefore variances cannot be determined at this time. Servicing Constraints Engineering staff have identified servicing concerns with the increased floor space ratio and building height as it results in more density to the site. This site falls within the Montgomery - Freeport sanitary catchment. This area is presently under a development freeze as additional capacity is not available until the forcemain is completed. The increased density on site must be considered through a zone change process as a holding provision is required to permit additional development and could not be removed until the commissioning of the new forcemains. Accordingly, the lands are identified as a priority C in Kitchener's Growth Management Plan, a rating that is assigned to lands deemed premature. Despite staffs' advice, the applicant submitted an application requesting relief as follows: (1) Section 32.3.5 of the Zoning By-law to permit a maximum building height of 12.5 metres for a free standing multiple dwelling whereas a maximum building height of 10.5 metres for a free standing multiple dwelling is permitted. (2) Section 32.3.5 of the Zoning By-law to permit a side yard setback of 6.0 metres whereas a minimum of 6.25 metres is required. (3) Section 32.3.5 of the Zoning By-law to permit a maximum floor space ratio (FSR) of 0.853 for a free standing multiple dwelling whereas the Zoning By-law allows a maximum FSR of 0.6. (4) Section 6.1.2.a) to allow parking at a rate of 1.25 spaces per unit (total of 171 parking spaces) rather than the required parking rate of 1.5 spaces per unit. (5) Section 6.1.2 (b)(vi)(b) to permit a required visitor parking rate of 17% (34 spaces for 137 units) rather than the required 20%. City Planning staff conducted a site i on of the property on February 27, 2018. J Existing institutional campus buildings at 110 Fergus Avenue a Existing single detached dwellings at 130 Fergus Avenue & 136 Fergus Avenue. Four Tests 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 for the retained lands: Official Plan The subject properties are designated Institutional (110 Fergus Avenue) and Low Rise Residential (130 and 136 Fergus Avenue) in the City's Official Plan. The Institutional designation provides for a full range of institutional uses that are primarily of a community or regional scale including cemeteries, community facilities (e.g. auditoriums, community centres, libraries, sports and/or recreation facilities), cultural facilities, day care facilities, educational establishments, funeral homes, hospitals, heath offices and clinics, medical laboratories, religious institutions, residential care facilities, social services establishments and studio/artisan- related uses (policy 15.D.7.6). While the `Institutional' land use designation of these lands are in effect, the implementing policies including specific uses are under appeal (section 15.D.7). While policies of the 2014 Official Plan are under appeal the City can refer to parallel policies from the 1994 Official Plan until such time as the appeals/repeals have been resolved. In the interim the `Major Institutional District' policies (Section 7) of the 1994 Official Plan, as amended, are used as guidance until such time as the appeals/repeals have been resolved. This has been a consistent approach used by the City of Kitchener during this transitional period. The Major Institutional policies contemplate a similar range of uses as Institutional policies the new Official Plan and the proposed variances do not conform to the designation. Policy 7.1.4 of the Major Institutional designation only permits multiple residential uses developed in association with permitted institutional uses. Based on the foregoing staff are of the opinion that the proposed use is not permitted by the Official Plan. Therefore staff cannot consider the proposed development and cannot evaluate it against the four tests. The requested variances to increase building height and floor space ratio in order to maximize the number of residential units are not appropriate as the use is not permitted. The intent of the Institutional designation is to protect lands for institutional uses and it is the opinion of staff that the requested variances do not meet the intent of the Institutional land use designation. 130 and 136 Fergus Avenue are designated `Low Rise Residential' in the Official Plan which provides for a full range of low density housing types including single detached, duplex, semi- detached, street townhouse, cluster townhouse and low-rise multiple dwellings and special needs housing (OP policy 15.D.3.8 — under appeal) to a maximum floor space ratio of 0.6 (OP policy 15.D.3.11 — in effect). Site specific increase to allow up to a maximum floor space ratio of 0.75 may be considered where it is demonstrated that the increase is compatible and meets the general intent of the policies in the Official Plan. An Official Plan Amendment will be required to consider an increase in the Floor Space Ratio greater than 0.75. (OP policy 15.D.3.11 — in effect). Despite the `Low Rise Residential' land use designation of these properties, certain policies remain under appeal (i.e. 15.D.3.8, 15.D.3.10, 15.D.3.12, 15.D.3.14). As such the comparable `Low Rise Residential' policies of the 1994 Official Plan, as amended, may be used as guidance until such time as the appeals/repeals have been resolved (section 3.1.2). Section 3.1.2 permits a maximum building height in Low Rise Residential of 3 stories. The proposed development includes a multiple dwelling building 4 stories in height and a floor space ratio of 0.853. The intent of the Low Rise Residential policies of both the 2014 & 1994 Official Plan is to permit multiple residential developments at a low intensity of use and a low rise height. The proposed development exceeds the permitted maximum height and floor space ratio as outlined in the Official Plan. It is the opinion of staff that the requested variances do not meet the intent of the Low Rise Residential land use designation. Zoning By-law The requested variances to reduce the parking rates do not meet the intent of the zoning By-law. The intent of the by-law is to ensure sufficient on-site parking for residents and visitors. The applicant has requested relief from the Zoning By-law to allow parking at a rate of 1.25 spaces per unit (total of 171 parking spaces) rather than the required parking rate of 1.5 spaces per unit and request to permit a required visitor parking rate of 17% (34 spaces for 137 units) rather than the required 20%. To support a parking reduction staff require justification studies and additional information to be provided in support of a reduced parking rate. The applicant has not provided justification for the parking reduction and City staff cannot support the reduced parking rates at this time. The requested floor space ratio of 0.853 was based on the applicant dedicating to the City 0.07 hectares of park land. The City of Kitchener's Operation Division concluded additional land area is required with the balance of the dedication established as cash -in -lieu of land. The increased amount of park land dedication required by the City of Kitchener would increase the floor space ratio as the floor space ratio is calculated based on the lot area post park land dedication. Additionally the increase park land dedication would result in the removal of 11 proposed parking stalls. Therefore at this time staff are unable to determine if the variances requested are appropriate without a site plan. Appropriate Development The requested variances to the setbacks, building height and floor space ratio are premature as supporting plans and a formal site plan application has not been applied for. At this time staff cannot accurately review the proposed building heights, setbacks, scale, massing, or evaluate the compatibility with the surrounding residential neighbourhood to determine if the development is appropriate and good planning. Conclusion In conclusion the variances cannot be considered minor or appropriate for the development and use of the lands and does not represent good planning. Staff are of the opinion that the proposed use is not permitted on the portion of the lands designated Institutional and the increased floor space ratio and additional height is not permitted on the portion of the lands designated Low Rise Residential so the proposal does not meet the intent of the Official Plan of the Zoning By- law. Additionally, the application is premature until a developable area has been determined and a site plan review has been completed for the proposal based on that site area. Variances required cannot be determined until parkland dedication and the woodlot status has been determined. As well, if an increase in density is proposed a holding provision through a Zoning By-law Amendment will be required as servicing is not available. Based on the foregoing, Planning staff recommends that this application be refused. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services have concerns with the justification noted in support of a parking reduction. As noted in the application, the proposed site is serviced by several transit routes at Weber/Fairway, with a walking distance of approximately 1 kilometre (15 minute walk). Further, the ION stop located at the Fairway Mall has a walking distance of approximately 2.5 kilometres (35 minute walk) from the proposed site. The applicant has not provided sufficient studies in support of a parking reduction. Additional information is required to consider a reduced parking rate. Engineering Comments: This site falls within the Montgomery -Freeport sanitary catchment area and as such full engineering Site Plan Approval will not be granted prior to the commissioning of the new forcemains associated with the recently upgraded Freeport Sanitary Pumping Station. The increased density on site should go through the zone change process where City Staff will require a holding provision to be implemented which cannot be removed prior to the commissioning of the new forcemains. Operations Comments: Operations — Environmental Services requires the removal of 11 proposed parking stalls fronting the proposed public park space in order to accept the land as part of the dedication requirement. The minimum park land required is established at 0.0871 hectares with the balance of the dedication established as cash -in -lieu of land. Environmental Planning Comments: The application is premature as a Tree Management Plan (among other plans) would be required to determine the developable area. Craig Dumart, BES Junior Planner Juliane von Westerhold, MCIP, RPP Senior Planner Region of Waterloo March 06, 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: D20-20/ VAR KIT GEN (3)/58 KIT, Bromberg, Garry, 1415 Huron Road (5, 6)/53 Fairway, Fusion Homes (7, 8) /VAR KIT, Freure North Subdivision (10)/VAR KIT, Emmanuel Bible College 70-136 Fergus Avenue Re: Committee of Adjustment Meeting on March 12, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 8 Bridge Street East (SG 2018-004): No concerns to the application. However, the owner should be made aware that any redevelopment application for these lands may require dedicated road widening up to 13.107 metres from Bridge Street centreline. Therefore, it is strongly recommended that the sign be located accordingly. Otherwise, an encroachment agreement with the Region; or actual relocation of the sign would be required at the owner's cost, at such times in future. 2. 54 Queen Street North (SG 2018-005): No concerns. The sign is on private property and should comply with City of Kitchener Sign By-law. 3. 205 West Oak Trail (A 2018-022): No concerns. 4. 51 Simeon Street (A 2018-023): No concerns. 5. 2 Crossbridge Avenue (A 2018-024): No concerns. 6. 500 Rivertrail Avenue (A 2018-025): No concerns. 7. 70 Castlebay Street (A 2018-026): No concerns. 8. 150 Rockcliffe Drive (A 2018-027: No concerns. 9. 66 West Avenue (A 2018-028): No concerns. 10.110, 130 and 136 Fergus Avenue (A 2018-029): No concerns. 11.356-420 King Street West (A 2018-032): No concerns. DOCS: 2670864 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, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river. ca DATE: February 28, 2018 YOUR FILE: See below RE Applications for Signs: SG 2018-005 54 Queen Street North Applications for Minor Variance: A 2018-022 205 West Oak Trail A 2018-023 51 Simeon Street A 2018-024 2 Crossbridge Avenue A 2018-025 500 Rivertrail Avenue A 2018-026 70 Castlebay Street A 2018-027 156 Rockcliffe Drive A 2018-029 110, 130 & 136 Fergus Avenue A 2018-032 356-400 King Street West Applications for Consent: B 2018-016 3 Chapel Hill Drive B 2018-017 to 019 83 Elmsdale Drive B 2018-020 334-400 King Street West GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, //V'fig Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within dee scope and mandate of the Page 1 of 1 Grand River Conservation Authority.