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HomeMy WebLinkAboutDSD-18-142 - A 2018-104 - 387 King St EJ Staff Report I'Ii' �NER Community Services Department www1itchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: October 16, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 WARD: 9 DATE OF REPORT: October 2, 2018 REPORT #: DSD -18-142 SUBJECT: A2018-104 — 387 King Street East Applicant — Kristen Barisdale, GSP Group Approved with Conditions Onpoint aerial image of subject lands REPORT A Planning Comments: City Planning staff conducted a site inspection of the property on September 6, 2018. Application A2018-104 was deferred from the September 18, 2018 Committee of Adjustment meeting in order for the applicant to provide Transportation Services staff the required justification information in order to assess the requested parking reduction variance. J Staff Report I'Ii' �NER Community Services Department www1itchenerca Since the September meeting, Transportation Services staff received the required information and have completed their review and assessment of the parking reduction. The subject property is comprised of a number of lots that have been consolidated in order to support the proposed development. The site has frontage on King Street East, Madison Avenue South and Cedar Street South. There will also be pedestrian access to Charles Street East at the rear of the property. The owner has applied for Site Plan Approval to develop the property as a mixed use development consisting of two buildings and one level of underground parking. One building is proposed as an eight storey, 60 unit multiple dwelling with ground floor retail and the second building is a two storey building with ground floor retail and office use on the second floor. 7x, SRESTPTISRCS __ Imlyuuf iu ,ugµ wwknnY.SuzimMWrmW YeeYq �.,_. .`— LLtWWa tuc +ani in�rp ��VaI�YiMwmwnumr+�>+Yv m fmr qwndotW®fiax.a.� = 19!mceGBShne9 h&w, Ra10g Space "_--0 ��.� — L O3�IBnebE39NneE Pa,Nlfg 9pme%951 qig SE — --___ �.r (Fitla.�N>Wc. �b=�„ele�d:.a s sh�.ee.�nr Fne a.R�mswo. ¢To HRn = ssmneecvslwrvNW saws RE SED: SITE PLAN APDL ICATIOa9 No, SITE PLAN d 5 iD 75 alwaslo¢am 2296093 ONTARIO INC,—LEl:eoo City of Kitchener 387KIN—E,.13&I7L­RST.1,_ 5MR6)ISONAVE,. KITI—RON.SUNITY SERV ICES DEPARTMENT S '--- UhTE:AUG�STB,t01B Proposed Site Plan The majority of the development site is vacant, however; there are existing buildings on 13 and 17 Cedar Street South and 6 Madison Avenue South that will be demolished as part of the development process. The Official Plan designation of the lands is Mixed Use Corridor in the King Street East Neighbourhood Plan and the zoning is High Intensity Mixed Use Corridor (MU -3) with Special Provisions 529R, 530R, 544R, 401 U. Both the Official Plan and Zoning By-law permit development of the lands with a multiple dwelling, office and retail uses. The applicant is requesting a number of minor variances to facilitate development of the property. The variances are as follows: 1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres. 2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres. 3. To provide 105 parking spaces rather than the required 152 spaces. 4. To allow a parking space and building to encroach into the required 4.57 metres driveway visibility triangle (on the Cedar Street frontage). J Staff Report I'Ii' �NER Community Services Department www1itchenerca 5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres. 6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5 metres. 7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and minimum length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length. 8. To allow a food store to be located in a building with 1151 square metres of gross floor area designed for office rather than the required 4700 square metres. 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 offer the following comments. The variances meet the general intent of the Mixed Use Corridor designation of Official Plan for the following reasons. The proposed development is located on a major corridor in the inner city. The development will provide both residential and a mix of commercial uses that will serve the residents of the site as well as the surrounding community. Strong pedestrian linkages are provided to, from and through the site to abutting properties and public transit on both Charles Street East and King Street East. The variances meet the general intent of the High Intensity Mixed Use Zoning (MU -3) category of the City's Zoning By-law for the following reasons. The MU -3 zoning permits a multiple dwelling and all of the commercial uses proposed in the development. Each of the variances related to setback will continue to maintain an adequate separation from abutting properties and streets and the 0.0 metre westerly side yard setback on the shared property line with 357 King Street East is not a concern as both properties are owned by the same people. The variance for an increase in building height is a technicality as the subject property does not have frontage on Charles Street East as the Region owns a small portion of land between the property and the streetline. Special Regulation 529R of the Zoning By-law allows a maximum building height of 16.5 metres unless the property is consolidated with properties having frontage on Cedar Street South, Madison Avenue South and Charles Street East in which case there shall be no maximum building height. The variance for a parking reduction maintains the intent of the by-law as there will be an adequate number of parking spaces provided on site (both surface parking and below grade parking) to serve both the residential and commercial uses on site as well as the implementation of a number transportation demand management (TDM) measures. The surface parking area can also function as a "shared" parking area for the residential units when the commercial uses are closed. The site has direct pedestrian access to the Charles Street East ION station stop and bus transit on King Street East providing opportunities for residents and customers to not require a vehicle. The variance to allow a food store to be located in a smaller building than required in the by-law will still maintain the intent of the zoning, as the site is being developed comprehensively as a large mixed use development containing residential, commercial and office uses. The variances are minor for the following reasons. Each of the requested variances will not have any negative impacts on abutting lands or properties and visually the variances will not be noticeable. All services and amenities are provided within the site to adequately meet the needs of the commercial tenants and residents. Additionally, the proposed development will create a significant entry feature at the gateway to the downtown area. The variances are appropriate for the development and use of the land for the following reasons. The location and configuration of the subject lands is appropriate to support a development of the scale proposed. The new mixed use development is appropriately situated on a primary transit J Staff Report I'Ii' �NER Community Services Department www1itchenerca corridor (King Street East) with direct pedestrian access to the Charles Street East ION station stop. All uses are permitted in both the Official Plan and Zoning By-law. Based on the foregoing, Planning staff recommends that the application be approved subject to the condition noted in the recommendation section. Policy and Heritage Comments: Note that the subject property is located within the King Street East Secondary Plan. 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. 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 387 King Street East is advised that the property is located within the Central Frederick 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. Building Comments: The Building Division has no objections to the proposed variances provided a building permit for each of the proposed buildings is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has no objections to the proposed variances and supports the parking reduction subject to the owner submitting a Functional Parking Plan detailing the following conditions to the satisfaction of the Director of Transportation Services: 1. 56 spaces to be provided in the underground parking. 51 of them should be dedicated to the residents and the other 5 should be signed as visitor parking spaces. 2. 49 spaces to be provided on surface. 12 of them should be signed and reserved for the 357 King Street East property. The other 37 spaces should be signed as commercial parking spaces and be shared between the office and retail uses. 3. The location of the proposed 84 bicycle parking spaces should be noted on the site plan. 4. A bicycle repair station should be provided and be accessible to all residential, office and retail uses. The location of the repair station should be noted on the plan. 5. 2 parking spaces on surface should be signed as carpool spaces from 7:00 am to 9:00 am only. After 9:00 am the restriction should not apply and the spaces should be open to everyone. Engineering Comments: Engineering has no concerns with the proposed variances. RECOMMENDATION That application A2018-104 requesting variances to Zoning By-law 85-1 listed below: J Staff Report I'Ii' �NER Community Services Department www1itchenerca 1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres. 2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres. 3. To provide 105 parking spaces rather than the required 152 spaces. 4. To allow a parking space and building to encroach into the required 4.57 metres driveway visibility triangle (on the Cedar Street frontage). 5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres. 6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5 metres. 7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and minimum length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length. 8. To allow a food store to be located in a building with 1151 square metres of gross floor area designed for office rather than the required 4700 square metres. be approved subject to the following conditions: 1. The owner shall receive final approval of Site Plan application SP18/063/L/LT. 2. The owner shall submit a Functional Parking Plan to the satisfaction of the Director of Transportation Services. Lisa Thompson, CPT Juliane von Westerholt, MCIP, RPP Planning Technician Senior Planner Staff Report Development Services Department J KIR wwwki tch en er. 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: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 WARD: # 9 DATE OF REPORT: September 5, 2018 REPORT #: DSD -18-119 SUBJECT: A2018-104 — 387 King Street East Applicant — Kristen Barisdale, GSP Group Defer to October 16, 2018 Meeting Onpoint aerial image of subject lands *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: City Planning staff conducted a site inspection of the property on September 6, 2018. The subject property is comprised of a number of lots that have been consolidated in order to support the proposed development. The site has frontage on King Street East, Madison Avenue South and Cedar Street South. There will also be pedestrian access to Charles Street East at the rear of the property. The owner has applied for Site Plan Approval to develop the property as a mixed use development consisting of two buildings and one level of underground parking. One building is proposed as an eight storey, 60 unit multiple dwelling with ground floor retail and the second building is a two storey building with ground floor retail and office use on the second floor. 11- 111EIT J DQ �l e e� �❑ � xi.e.ausa.sp®-�x _r v-cewsxxNossgnetl hww�vaima�e 4 tom• � �"CI 0.=y9receE 6 SgneA Po�kliq 9Pewb35T grip �, E, = ssgnea carsivnvadig spam �menx„®.r wv .••`• ••�- w. ___ nr SITE PLAN REVISED:— SITE PLAN APPL ICATION W. D5 10 15 oiw rlw� �r 2296093 ONTARIO INC. City of Kitchener CA]'ILE: 3 KNG E„13i"CC3AR ST. S..fi MMIEON AVE.. NITGHfNERaN. DM:AVC Svie euN11 SERVICES OEPARTNENT Proposed Site Plan The majority of the development site is vacant, however; there are existing buildings on 13 and 17 Cedar Street South and 6 Madison Avenue South that will be demolished as part of the development process. The Official Plan designation of the lands is Mixed Use Corridor in the King Street East Neighbourhood Plan and the zoning is High Intensity Mixed Use Corridor (MU -3) with Special Provisions 529R, 530R, 544R, 401 U. Both the Official Plan and Zoning By-law permit development of the lands with a multiple dwelling, office and retail uses. The applicant is requesting a number of minor variances to facilitate development of the property. The variances are as follows: 1. To allow a westerly side yard setback of 0.0 metres rather than the required 1.2 metres. 2. To allow a building height of 25.9 metres rather than the permitted 16.5 metres. 3. To provide 105 parking spaces rather than the required 152 spaces. 4. To allow a parking space and building to encroach into the required 4.57 metres driveway visibility triangle (on the Cedar Street frontage). 5. To allow balconies with a setback of 0.675 metres rather than the required 3.0 metres. 6. To allow parking to be setback 3.2 metres from the property line rather than the required 4.5 metres. 7. To allow 6 parking spaces to be provided having a minimum width of 2.4 metres and minimum length of 4.8 metres rather than the required 2.6 metre width and 5.5 metre length. 8. To allow a food store to be located in a building with 1151 square metres of gross floor area designed for office rather than the required 4700 square metres. Planning staff are generally supportive of the requested variances, however; Transportation Services requires additional time to review the required parking justification in order to determine the appropriateness of the requested parking reduction as referenced in the comments below. Transportation Services Comments: Transportation Services have completed a cursory review of the parking justification completed by LMM Engineering Inc. submitted (September 10, 2018) and offer the following comments. The applicant was made aware at the July 18, 2018 SPRC meeting that a parking reduction would require justification to be submitted. From a Transportation Services perspective, it was reasonable to expect that the required justification would be submitted with the COA application, which would have provided staff adequate time to review the information. Therefore, to complete a proper review of the parking justification, Transportation Services recommends that this application be deferred for 1 month. This would allow for any studies to be completed in support of a parking reduction and provide staff the time for review and a final version to be approved. While there is an encroachment into the driveway visibility triangle (DVT) at the Cedar Street access point, it is suggested that the applicant provide a DVT of 3.0 metres by 4.5 metres, this will mirror the future direction of the City of Kitchener's Final Draft Zoning By-law (April 2018). The proposed 3.0 metre by 4.5 metre DVT be applied only to the Cedar Street access point. Recommendation: Based on the foregoing, Planning staff recommends that application A2018-104 be deferred to the October 16, 2018 meeting. Lisa Thompson, CPT Planning Technician Juliane von Westerholt, 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 Andrew Herreman, Resource Planning 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 PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE October 4, 2018 YOUR FILE: See below Applications for Minor Variance (Sign): SG 2018-010 505 Franklin Street North/39 Midland Drive SG 2018-011 1700 Queens Boulevard SG 2018-012 22 Frederick Street Applications for Minor Variance: A 2018-104 387 King Street East A 2018-106 15 Tartan Avenue A 2018-107 624 King Street West A 2018-108 400 Bingemans Centre Drive A 2018-109 1331 Countrystone Drive A 2018-110 97 Rivertrail Avenue A 2018-112 84 Mansion Street A 2018-113 56 Cameron Street North A 2018-114 227 Manitou Drive A 2018-115 1425 Block Line Road Applications for Consent: B 2018-116 357 King Street East 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, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.