HomeMy WebLinkAboutDSD-18-091 - A 2018-078 - 120, 130, 140 King St W, 31 Young St & 55 Duke St WREPORT TO:Committee of Adjustment
DATE OF MEETING:August 21, 2018
SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext.7157
PREPARED BY:Juliane vonWesterholt, Senior Planner -519-741-2200 ext. 7157
WARD:#10
DATE OF REPORT:August 15, 2018
REPORT #:DSD-18-091
SUBJECT:A2018-078–120,130,140 King Street West,31 Young Street and 55 Duke
Street West
Applicant –GSP Group on behalf of Andrin Next Limited
Approvedwith Conditions
th
, 2018.
Staff visited the site on August 15
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REPORT
The applicant has requested the following variances to permit theconstruction ofa multi-residential
development having 296 units with retail uses on the ground floor along the King Street frontage:
atotal height of 74.5m rather than a maximum height of 52.86 m measured as a horizontal
distance witha 45 degree relationship from the south side of King Street Westas per regulation
14.3;
a height of 17.25m for the portion of a building set back less than 6m on a lot fronting King Street
rather than the maximum permitted height of 12mas per regulation 14.3;
to permitan exemption from the façade opening regulation from the 50% area of the ground
floor façade to have an openingwith a maximum 4m spacing between openings for the frontage
along Duke Streetonly (where a heritage façade is incorporated into the building design)as per
regulation 14.3;
to permit off-street parking spaces to be calculated at a ratio of 0.95 spaces/per-unit rather than
1 space/per-unit6.1.1.1.
Planning Comments:
The subject lands are designated City Centre District within the Urban Growth Centre and are Zoned D1-
Retail Core.
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 offersthe following comments.
1.The subject lands are located within the Urban Growth Centre (UGC) or Downtown and are
designated City Centre District. Lands within the UGC are intended to be the primary focus area in
the city for intensification and must achieve a gross density target of 225 residents and jobs per
hectare to support the downtown as a desirable place to live and workand to support public transit.
Section 15.D.2.18 indicates that the City may limit the height of buildings alongthe street edge of
King Street in order to ensure adequate sun exposure, enhancement of the public realm and to
ensure human scale development is achieved. The Official plan also gives the pedestrian, cyclist,
and public transit priority above vehicular circulation and accommodation and encourages parking
reductions through TDM measures where this will contribute to the planned function of the
Downtown.
The applications before the Committee will assist in meeting the desired intensification targets,while
continuing to ensure that the objectives regarding adequate sun exposure and enhancement of the
public realm through achievement of human scale development. Additionally, the parking reductions
sought are in keeping with the direction in the OP to reduce parking within the UGC or Major Transit
Station Areas(MTSA’s). The site is located opposite the City Hall ION station and the applicant has
proposed TDM measures such as bicycle parking to encourage active transportation uses. In this
regard, it is staff’s opinion that the general intent of the Official Plan has been maintained.
2.The subject lands are zoned D-1 Retail Core. The mixed use development proposed for the subject
lands with respect to the scale and massing is consistent with the uses permitted in the downtown.
Regulation 14.3 limits the height of the facades of buildings within 6 metres of the propertylineto
have a maximum height of 12 metres and this is intended to assist in achieving a desirable amount
of exposure to sunlight through positioning of buildings in a 45 degree angular plane relationship with
the opposite side of King Street. This can be achieved in a number of ways, through building design
and positioning on the site. The applicant has requested that a height of 17.25 metresbe permitted
for the closest building to King Street for this site. This would result in a 6 storey building.
At the time of the writing of the bylaw in the early 1990’s, the height along King Street was in the 3
to 4 storey(12 metres) range and then the building had to be stepped back. This would result in a
design that every 6m the building is stepped back which in turn, creates a “wedding cake design” for
buildingslike the TD building on the opposite side of King Street.The same effect can be achieved
through proper siting and location of buildings on site. The subject lands will have 2 new buildings
on site. The shorter building will have a height of 17.25 metres for a 6storey building along King,
while more internal tothe site,a 23 storey tower will be located having a total height of 74.5 metres.
This site has been identified as a site for intensification, is located in the UGC and will be properly
designed and situated on site to continue to meet the objectives outlined in the OP section above
regarding sunlight, and enhancement of the public realm. By situating the buildings on site, only a
thrd
small portion of the tower requires relief from the setback starting on the 19storeyto the 23storey
at a portion of the building located 34 metres from King Street.This will be negligible to the pedestrian
on the street at this height.Through thoughtful placement of the buildings on site and design
considerationsincluding stepbacks in line with the Tall Building Guidelines, the general intent of the
Zoning by-law regarding satisfying the angular plane and thereby maximizing the sun exposure and
positive pedestrian scale of development is maintained.
The bylaw also regulates façade openings and requires that no less than 50% of the ground floor
façade shall be devoted to display windows and sets a maximum of 4m between these display
openings, so that the streetscape is active, lively and not framed by large blank walls. The applicant
has requested that this regulation not apply to the façade along Duke Streetonly. As part of the
redevelopment of the site the Duke Street façade of the tower building will contain and incorporate
the former heritage façade of the Forsyth Factory. By incorporating this cultural heritage feature into
the building design, this requirement for the spacing of window openings cannot be complied with as
the façade openings differ from the typical display window spacing.This variance would not apply to
the King Street frontage and would therefore allow a continuous open and activated streetscape
along King Street,thereby meeting the general intent of this regulation.
The applicants have also requested that parking reductions be considered for this development to
be calculated at .95 spaces per unit rather than 1 space per unit.As this site is located within the
downtown core and is within a MTSA (City Hall ION station) it is appropriate to consider reductions
in parking. The proposed reduction is minor and would continue to meet the intent of the zoning by-
law as on-site parking is still being provided, albeit at a slightly reduced rate.
For the reasons cited above the general intent of the zoning bylaw hasbeen maintained.
3.The requested variances are appropriate and desirable for the development of the subject lands.
The site will be properly designed so as to mitigate or minimize any impacts to the public realm. The
site will continue to meet the various Official Plan and Zoning By-law objectives to ensure for its
orderly development.
4.The variances are minor as there are no impacts anticipated on adjacent lands or on the public realm.
Based on the foregoing, Planning staff recommends that this application be approvedasoutlined below
in the Recommendation section of this report.
Building Comments: No concerns.
Transportation Services Comments:
Transportation Services have reviewed the Transportation Demand Management submitted by Paradigm
Transportation Solutions Limited and have no concerns with the proposed reduction in parking spaces
from 1 space per unit to 0.95 space per unit.
Engineering Comments:No concerns.
Heritage Comments:
In the past, there were two buildings on the subject property that were of heritage interest. One of the
buildings was designated and one was listed under the Ontario Heritage Act and both buildings were
demolished as part of the development process. There were a number of heritage development
conditions imposed in order to grant the approval of the demolition of the designated building and
construction of the new building on the property. Heritage Planning Staff has reviewed the minor variance
application and has no concerns with the proposed minor variances as they are required to satisfy a
number of those heritage conditions.
Note that thesubject property is located within the Downtown 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. The CHLS 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 inthe Official Plan, and preparing action plans for each CHL with
specific conservation options.
Parks/Operations:
The subject property is within the Downtown Exemption Area and therefore parkland dedication is not
required.
RECOMMENDATION:
That minor variance application A2018-078 requesting:
1.Relief from Section 14.3 to allow an increased maximum height of 74.5 metres
rather than a maximum height of 52.86 m measured as a horizontal distance witha 45
degree relationship from the south side of King Street West;
2.Relief from Section 14.3 to allow a height of 17.25m for the portion of a building set back
less than 6m on a lot fronting King Street rather than the maximum permitted height of
12m;
3.Relief from Section 14.3 to permitan exemption from the façade opening regulation from
the 50% area of the ground floor façade to have an openingwith a maximum 4m spacing
between openings for the frontage along Duke Street only (where a heritage façade is
incorporated into the building design);
4.Relief from Section 6.1.2 to permit off-street parking spacesto be calculated at a ratio of
0.95 spaces/per-unit rather than 1 space/per-unit; BE APPROVED without conditions.
______________
Juliane von Westerholt, MCIP, RPP
Senior Planner
August 13, 2018
Holly Dyson
City of Kitchener
200 King Street West File: D20-20/VAR KIT GEN
P.O. Box 1118 (1)/69, Great Canadian Holidays and Coaches.
Kitchener, ON N2G 4G7 (8) /29, Leo Wolynetz
(9) /VAR KIT, 388-400 Mix Use Development
(10) /63, Andrin City Centre Phase II
(11) /12, Ormston Charlie, 508 New Dundee
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located
entirely on private property.
2. 207 Centennial Court (A 2018-070): No concerns.
3. 545 Trillium Drive (A 2018-071): No concerns.
4. 47 Water Street North (A 2018-072): No concerns.
5. 42 Crosswinds Drive (A 2018-073): No concerns.
6. 390 Rivertrail Avenue (A 2018-074): No concerns.
7. 70 Dumart Place (A 2018-075): No concerns.
8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant
is advised that a future development application on these lands will require
dedicated road widening of 3.048m along Lancaster Street West and a daylight
triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the
proposed deck may be required to be removed/relocated or an encroachment
9. 388 King Street East (A 2018-077): No concerns.
10. 120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns.
11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No
concerns.
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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
400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N1R 5W6
Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319
E-mail: thughes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: August 10, 2018 YOUR FILE: See below
Applications for Signs:
RE:
SG 2018-008 333 Manitou Drive
Applications for Minor Variance:
A 2018-070 207 Centennial Court
A 2018-072 47 Water Street North
A 2018-073 42 Crosswinds Drive
A 2018-074 390 Rivertrail Avenue
A 2018-075 70 Dumart Place
A 2018-076 295 Lancaster Street West, Unit B
A 2018-077 388-400 King Street East
A 2018-078 120, 130, 140 King Street West, 31 Young Street &
55 Duke Street West
A 2018-079 3 Ridgemount Street
A 2018-080 11 Ridgemount Street
A 2018-081 13 Ridgemount Street
A 2018-082 21 Ridgemount Street
A 2018-083 23 Ridgemount Street
A 2018-084 31 Ridgemount Street
A 2018-085 33 Ridgemount Street
A 2018-086 41 Ridgemount Street
A 2018-087 3 Sportsman Hill Drive
A 2018-088 11 Sportsman Hill Drive
A 2018-089 13 Sportsman Hill Drive
A 2018-090 21 Sportsman Hill Drive
A 2018-091 23 Sportsman Hill Drive
A 2018-092 31 Sportsman Hill Drive
A 2018-093 33 Sportsman Hill Drive
A 2018-094 41 Sportsman Hill Drive
Applications for Consent:
B 2018-048 Weichel Street at Victoria Street South (amended)
B 2018-049 Weichel Street at Victoria Street South (amended)
B 2018-055 33 Second Avenue
B 2018-056 63 Plymouth Road
B 2018-057 103 Plymouth Road
B 2018-062 560-632 Victoria Street North
Page 1 of 2
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the
Grand River Conservation Authority.
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,
Trisha Hughes
Resource Planner
Grand River Conservation Authority
Page 2 of 2
*These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the
Grand River Conservation Authority.