HomeMy WebLinkAboutDSD-18-114 - A 2018-099 - 161 Victoria St SStaff Report
Development Services Department
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www.kitch ener. ca
REPORT TO:
Committee of Adjustment
DATE OF MEETING:
September 18, 2018
SUBMITTED BY:
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY:
Garett Stevenson, Planner - 519-741-2200 ext. 7070
WARD:
9
DATE OF REPORT:
September 14, 2018
REPORT NUMBER:
DSD -18-114
SUBJECT:
Application A2018-099
161 Victoria Street South
2589769 Ontario Corp.
Approve
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Subject Property
Report:
The subject property is proposed to be redeveloped as a health clinic and yoga studio. A small
addition is proposed at the front of the existing building and the rear yard will be developed with
a paved parking lot. The existing building will be rehabilitated and renovated. The proposed
development has been approved in principle by the City's Site Plan Review Committee, subject
to receiving approval of the four minor variances listed below.
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Subject Property
Report:
The subject property is proposed to be redeveloped as a health clinic and yoga studio. A small
addition is proposed at the front of the existing building and the rear yard will be developed with
a paved parking lot. The existing building will be rehabilitated and renovated. The proposed
development has been approved in principle by the City's Site Plan Review Committee, subject
to receiving approval of the four minor variances listed below.
Staff Report
Development Services Department
KacikmR
www.kitch ener. ca
Relief is being sought from Section 53.2.1 of the zoning by-law to permit a minimum Floor Space
Ratio (FSR) of 0.4 whereas a minimum of 0.6 is required, and to have a facade height of 3.9
metres whereas a minimum of 6.0 metres is required. Relief is also being sought from Section
4.2 to permit a Driveway Visibility Triangle (DVT) that is 3.0 metres x 4.5 metres, whereas a
triangle of 4.57 x 4.57 metres is required. Finally, relief is being sought from Section 6.1.2.a) to
permit a health clinic and yoga studio with 5 off-street parking spaces whereas 6 is required.
Existing Building at 161 Victoria Street South (Source: Google Streetview)
Planning Comments:
The property is zoned as Low Intensity Mixed Use Corridor (MU -1) and designated as Mixed Use
Corridor in the Victoria Park Secondary Plan (Official Plan). 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 requested variances meet the general intent of the Official Plan. Mixed use corridor are
primarily intended to serve the adjacent residential neighbourhoods and employment areas and
allow for intensive, transit supportive development. Appropriate commercial and institutional uses
that primarily serve adjacent residential neighbourhoods are permitted. Mixed Use Corridors are
planned to intensify overtime to provide a balanced distribution of commercial, multiple residential
and institutional uses. New development shall be compatible with surrounding residential
neighborhoods and will be of an appropriate height and density in relation to adjacent low rise
residential development. Special Policy Area #58 of the 1994 Official Plan was considered in the
review of this application as the Major Transit Station Area Policies in the Official Plan (Sections
3.C.2.16 to 3.C.2.22) are under appeal. Planned land uses include a mix of residential, office,
institutional, and commercial. Streetscapes and built form must be pedestrian -friendly and transit -
Staff Report
Development Services Department
KacikmR
www.kitch ener. ca
oriented. New developments will support a more compact urban form which support pedestrians
and bicycle parking. The proposed development provides a new land use within an existing
building and the proposed addition is oriented towards Victoria Street and away from the stable
residential neighbourhood. The scale and height of the new addition is large enough to contribute
to the build form along the street, while being compatible with the existing surrounding land uses.
The requested variances meet the general intent of the Zoning By-law.
- The intent of the minimum FSR of 0.6 is to ensure that new development is built at a
minimum density which supports active and public transportation and provides adequate
spaces and places for a variety of uses which support and contribute to the community.
In this case, the redevelopment proposes to retain the existing building with a modest
addition at the front. This form of development does not utilize the full height permissions
afforded by the zoning, so it is difficult to achieve the minimum floor area required by a
minimum FSR of 0.6 for new development. The site specific redevelopment proposal is
appropriate, even though the minimum density cannot be achieved given the existing
constraints.
- The intent of the minimum facade height of 6.0 metres is to achieve a front facade that is
appropriately scaled to contribute to the existing and planned built form along the street
edge. There are several contributing factors which may limit the complete redevelopment
of this block (mixed use properties along the south side of Victoria Street), including
retention and compatibility policies in the Victoria Park Heritage Conservation District Plan,
and due to the fact that portions of the block are regulated by the Grand River
Conservation Authority due to the proximity of the floodway. It is appropriate to require
new development to be designed in a manner that mirrors a similar built form as the
existing building stock. The proposed facade height will contribute to the established built
form at the street edge, even with a shorter height. The window and openings
requirements for the facade of the building as required by the MU -1 zone will be achieved.
- The intent of the driveway visibility driveway triangle is to ensure that there is adequate
sight lines for vehicles existing the property onto Victoria Street. The City is planning in
the new comprehensive zoning by-law to reduce the dimensions of the DVT to the size
requested by the applicant. Transportation Services staff has no objections.
- The intent of the required parking requirement in the zoning by-law to provide adequate
on-site parking for the intended land use. In this case, Transportation Planning supports
the proposed reduction based on the applicant's justification, which includes arranging off-
site parking for staff, availability of nearby short-term on -street and publically accessible
off-street parking, as well as scheduling of appointments and staff to avoid peak parking
demands.
The requested variances are minor. The requested variances are required to facilitate the modest
front addition and the rehabilitation of the existing building into a health office and yoga studio,
which is an appropriate land use for the area.
The variances are appropriate for the development and use of the land. The requested variances
do not create any adverse impacts and are required to satisfy the non-compliance of the proposed
development with the zoning by-law. There are no concerns regarding the proposed variances
by internal departments or commenting agencies and the future development will be subject to a
comprehensive site planning process and will require a registered Section 41 development
agreement.
Staff Report
Development Services Department
Building Comments:
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The Building Division has no objections to the proposed variance provided a building permit for the
proposed addition and change of use is obtained prior to construction. Please contact the Building
Division @ 519-741-2433 with any questions.
Transportation Comments:
Transportation Services supports the proposed driveway visibility triangle (DVT) as noted on the
submitted plan. The proposed DVT echoes the future direction of the City of Kitchener's Final
Draft Zoning By-law (April 2018).
Based on the parking justification submitted with the application, Transportation Services supports
the proposed parking reduction from six to five parking spaces on-site.
Engineering Comments:
The Engineering Division has no objections to the proposed variance.
Heritage Comments:
Heritage Planning staff has no concerns with the subject application. Note that the subject property
is located within the Victoria Park Secondary Plan. The applicant should be aware that the land use
policies and zoning for the property and area are subject to change through an upcoming
neighbourhood planning review (to stay informed, subscribe to https://www.kitchener.ca/en/city-
services/neighbourhood-planning-reviews.aspx). As part of this review, the City will be proceeding
with the next step of the cultural heritage landscape conservation process.
Environmental Planning Comments:
Environmental Planning Staff has no comments on the proposed application. Tree management
and storm water management issues are addressed as part of the site plan approval process.
RECOMMENDATION:
That Application A2018-099 requesting relief from Section 53.2.1 of the zoning by-law to
permit a minimum Floor Space Ratio of 0.4 whereas a minimum of 0.6 is required, and to
have a fagade height of 3.9 metres whereas a minimum of 6.0 metres is required, and
requesting relief from Section 4.2 to permit a Driveway Visibility Triangle (DVT) that is 3.0
metres x 4.5 metres, whereas a triangle of 4.57 x 4.57 metres is required, and requesting
relief from Section 6.1.2.a) to permit a health clinic with 5 off-street parking spaces whereas
6 is required, be approved.
Garett Stevenson, BES, MCI P, RPP
Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
August 31, 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
(6)/55, 2589769 Ontario Corporation
(7) NAR KIT, Citified Property Initiative Inc.
(10) /04 Urban, Novacore Townhouses
(11) /VAR KIT, 2296093 Ontario Inc.
Re: Committee of Adjustment Meeting on September 18, 2018, City of
Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 236 Mill Street (SG 2018-009): No concerns.
2. 1110 New Dundee Road (A 2018-095): No concerns.
3. 904 Magdalena Court (A 2018-096): No concerns.
4. 196 Hickson Drive (A 2018-097): No concerns.
5. 6 Waterwillow Court (A 2018-098): No concerns.
6. 161 Victoria Street South (A 2018-099): No concerns.
7. 6 Southdale Avenue (A 2018-100): No concerns.
8. 264 Lawrence Avenue (A 2018-101): No concerns.
9. 70 Windrush Trail (A 2018-102): No concerns.
10. 83 Elmsdale Drive (A 2018-103): No concerns.
11.387 King Street East (A 2018-104): No concerns.
12. Claremont Avenue (A 2018-105): 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.
Document Number: 2815510
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
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2319
E-mail: thug hes@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE
RE
September 7, 2018 YOUR FILE: See below
Applications for Signs:
SG 2018-009 236 Mill Street
Applications for Minor Variance:
A 2018-096
904 Magdalena Court
A 2018-097
196 Hickson Drive
A 2018-098
6 Waterwillow Court
A 2018-099
161 Victoria Street South
A 2018-102
70 Windrush Trail
A 2018-103
83 Elmsdale Drive
A 2018-104
387 King Street East
A 2018-105
59 Claremont Avenue
A 2018-114
94 Fifth Avenue
A 2018-115
44 Franklin Street South
Applications for Consent:
B 2018-063 to
-071
B 2018-072 to
-081
B 2018-082 to
-096
B 2018-097 to
-106
B 2018-107 to
-113
B 2018-114
B 2018-115
GRCA COMMENT*:
210 to 242 Rivetrail Avenue
246 to 282 Rivertrail Avenue
125 to 181 Grand Flats Trail
45-53 Valleybrook Drive and
54-78 Valleybrook Drive
94 Fifth Avenue
44 Franklin Street South
124-148 Grand Flats
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
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page I of I
Grand River Conservation Authorith.