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HomeMy WebLinkAboutDSD-18-182 - A 2018-138 - 242, 254 & 262 Queen St SStaff Report R Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 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: November 30, 2018 REPORT NUMBER: DSD -18-182 SUBJECT: Application A2018-138 242, 254, 262 Queen Street South Reaching Our Outdoor Friends (Kitchener), 254 Queen Street South (Kitchener Limited), 262 Queen Street South (Kitchener Limited) Approve with conditions ,5 \\ 1]8 \188 85 98 6 \V / 282 \ 1T9 99 \ 189 `^226 20 iJ �J J m 296 /\ F( SLF� ]9 27 2 � 85 ,6 12�LOW73 s 3a05- 2 95 11 126 g 958 Subject Properties Staff Report Development Services Department i R www.kitch ener. ca Background: The subject properties (subject lands) are located within the Queen Street South Mixed Use Corridor and within the Victoria Park Area Heritage Conservation District. The Owner of 242 Queen Street South has received Council approval under the Ontario Heritage Act to demolish the existing building. A Heritage Permit will be required for the alteration of 254 and 262 Queen Street South which are proposed to remain, as well as for the construction of any new building. Existing Streetscape of Subject Properties From left to right, 262 (retain), 254 (retain), and 242 Queen Street South (demolish) Report: Relief is being sought from various sections of the Zoning By-law 85-1 to redevelop 242 Queen Street South and the rear yards of 254 and 262 Queen Street with a ten storey multiple dwelling with up to 124 dwelling units. Specifically, the minor variance application is seeking; - Relief from Section 54.2.1 to have a rear yard of 1.3 metres whereas 7.5 metres is required, - Relief from Section 54.2.1 to have a maximum building height of 30.7 metres whereas 24.0 metres is permitted, - Relief from Section 6.1.2(a) to provide 0.7 parking spaces per unit whereas 1.0 parking spaces per unit is required, and Staff Report Development Services Department KacikmR www.kitch ener. ca - Relief from Section 6.1.2(b) to provide visitor parking at a rate of 10% of required parking whereas 20% is required. Planning Comments: The subject lands are designated as Mixed Use Corridor with Special Policy Area 6 in the Victoria Park Neighbourhood Secondary Plan. Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Special Policy 6 requires that any redevelopment within 30 metres from the David Street streetline shall be limited in height to four storeys. Commercial uses shall be permitted only on the easterly half of the block bounded by Joseph Street, Queen Street South, Courtland Avenue and David Street. Individual properties within Mixed Use Corridors are zoned to achieve a distribution of uses. The subject lands are zoned as Medium Intensity Mixed Use Corridor Zone (MU -2) with Special Regulation 513R (site specific front yard setbacks) and Special Regulation 510R (site specific FSR and parking regulations for existing building at 242 Queen Street South). Rendering of Proposed Building (prepared by NEO Architecture Inc.) Staff Report Development Services Department KacikmR www.kitch ener. ca Rear Yard and Height Variances The requested rear yard and height variances meet the general intent of the Official Plan. Mixed Use Corridor policies require that 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. In locations that immediately abut low rise residential land uses, new development shall be permitted having a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0. In this case, the permitted maximum Floor Space Ratio is 4.0 as the subject lands abut Queen Street South (City Arterial Street), are separated from low rise residential development, and have adequate municipal infrastructure. The requested variance meets the general intent of the Zoning By-law. The purpose of the rear yard setback is partially to ensure that any new development is set back from adjacent properties. The proposed building was evaluated using the City's Design for Tall Buildings section of the Urban Design Manual. The separation of the proposed building, with a height of approximately 31 metres, from the adjacent building located at 25-35 Joseph Street, is appropriate. The portion of the subject lands which requires the largest rear yard reduction is the shallowest part of the subject lands (currently 242 Queen Street South) and abuts an existing private laneway. The balconies on the proposed building are inset, increasing the separation between the two buildings. Shared amenity spaces typically found in a rear yard will be provided elsewhere on site. The intent of the maximum height regulation is to ensure that the height of a new building is appropriate. In this case, large portions of the block have been redevelopment over different periods of time, and the existing built form is mixed in terms of massing and height. The retention of the two designated buildings at 254 and 262 Queen Street South has resulted in a taller, narrower building at the rear of the subject lands. The requested variance is minor. The proposed building location is largely due to the retention of the existing designated buildings, meaning the existing street edge will remain. The total massing of the building, measured as Floor Space Ratio, is within the range outlined in the Official Plan and the MU -2 zone. The variance is appropriate for the development and use of the land. The location and form of the proposed building has largely resulted from designing the building around the existing and remaining designated buildings. The proposed development will permit residential intensification of the lands within an Intensification Corridor. Required and Visitor Parking Variances The requested variances meet the general intent of the Official Plan. Lands designated as Mixed Use Corridors generally have strong pedestrian linkages with the surrounding residential neighbourhoods. To strengthen these linkages, new development is required to orient a portion of the building mass to the street, provide for integration of cycling facilities, provide on-site pedestrian facilities, and provide pedestrian connections to abutting developments or offsite transit facilities. To achieve this objective, the Zoning By-law regulates the maximum front yard setback from Queen Street South, vehicular parking between the building facade and the street will not be permitted, and through the site planning process, the development will be subject to specific facade treatments to minimize blank walls. The requested variances meet the general intent of the Zoning By-law. The intent of the parking regulations is to ensure that adequate off-street parking is provided for new development. In this case, Transportation Demand Management (TDM) measures are to be used to limit the demand Staff Report Development Services Department KacikmR www.kitch ener. ca for, and reliance on, personal vehicles for use by the building occupants by providing enhanced and secured bicycle parking, car share vehicles, and providing subsidized transit passes. Further, the Developer has agreed to charge building occupants separately for parking, so the cost of rent/ownership is less without a dedicated parking space. The developer is proposing to offer these incentives to reduce the overall demand for on-site parking. The City is proposing to secure the proposed TDM measures through a development agreement, as a condition of this minor variance application, and as part of the registered site plan agreement. The requested variance is minor. Transportation Services staff has reviewed the Parking Justification Report and the "TDM Checklist" submitted with the application and is supportive of the reduction, subject to the TDM requirements being secured through registered agreements. The variance is appropriate for the development and use of the land. The subject lands are within a Mixed Use Corridor Intensification Area and within walking distance to the Downtown (Urban Growth Centre), meaning that many day-to-day needs of the future building occupants can be met without the need for a personal vehicle. The proposed TDM measures will provide shared transportation options and support active transportation modes of travel. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed apartment building is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Comments: Transportation Services has reviewed the parking justification study and has no concerns with the proposed parking rate of 0.7 spaces per unit including 10% visitor parking spaces subject to the following conditions: • 24 indoor secure bike parking spaces must be provided. The spaces should be shown on the site plan. • 6 outdoor bike hoops must be provided. The spaces should be shown on the site plan. • 2 car share vehicles and dedicated parking spaces for the vehicles must be provided. The spaces should be shown on the site plan. • Parking must be charged as a separate cost to occupants. • $100 CAN pre -paid transit passes must be provided for all of the units. In this case 124 pre- paid passes (each $100 CAN) would be required. • The owner to enter into an agreement to be registered on the title of the property to require certain Transportation Demand Management measures are implemented to mitigate impacts from the parking reduction. Specifically, these measures shall include requirements for unbundled parking, 24 secure bike parking spaces, 6 outdoor bike hoops, 2 car share vehicles and 2 dedicated parking spaces for car share, and the $100 CAN pre -paid transit passes to the satisfaction of the Director of Transportation Services. Engineering Comments: The Engineering Division has no objections to the proposed variance. Engineering approvals will be undertaken as part of the site planning approval process. Staff Report Development Services Department KacikmR www.kitch ener. ca Heritage Comments: The subject property is located within the Queen Street South Corridor of the Victoria Park Area Heritage Conservation District. The variances which are the subject of this Committee of Adjustment application, are related to the proposed construction of a 10 storey multiple residential building. The development proposal would see the existing building at 242 Queen Street South demolished, and the two buildings at 254 and 262 Queen Street South partially retained. The Owner/Applicant has received Council approval under the Ontario Heritage Act to demolish 242 Queen Street South. A Heritage Permit will be required for the alteration of 254 and 262 Queen Street South, and for the construction of the new 10 storey building. 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 properties municipally addressed as 242, 254 & 262 Queen Street South are advised that the properties are located within the Victoria Park 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. The primary interest with regard to the designation of the Victoria Park Neighbourhood, is in retaining the integrity of the properties and streetscapes which contribute to giving the Victoria Park area its historic character, as seen from the public realm. The existing Queen Street South corridor within the Victoria Park Area Heritage Conservation District, is characterized by a mixture of existing low and high-rise development. Heritage Planning staff are of the opinion that the variances associated with the proposed development will not have a detrimental impact on the integrity of the Victoria Park Area Heritage Conservation District. Any shadow impacts from the proposed 10 storey building are not expected to significantly impact the front of the properties forming the Queen Street South streetscape. Heritage Planning staff recommends that approval of the proposed variances be made conditional on the proposed development being granted a Heritage Permit under the Ontario Heritage Act. 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 A2018-138 requesting relief from Section 54.2.1 to have a rear yard of 1.3 metres whereas 7.5 metres is required, and from Section 54.2.1 to have a maximum building height of 30.7 metres whereas 24.0 metres is permitted, and from Section 6.1.2(a) to provide 0.7 parking spaces per unit whereas 1.0 parking spaces per unit is required, and from Section 6.1.2(b) to provide visitor parking at a rate of 10% of required parking whereas 20% is required, for a ten storey building with a maximum of 124 dwelling units and with a maximum height of 30.7 metres, be approved subject to the following conditions; Staff Report KI!( .\i R Development Services Department wwvv.kitchener.ca 1. That the Owner receive a Heritage Permit issued under the Ontario Heritage Act for the proposed new development. 2. That the Owner agrees to finalize details on how each Transportation Demand Management (TDM) Measure will be implemented and maintained to the satisfaction of the Director of Transportation Services and the City Solicitor. 3. That pursuant to Section 45(9.2) of the Planning Act, the owner to enter into an agreement, to be registered on the title of the property, to require certain Transportation Demand Management measures are implemented to mitigate impacts from the parking reduction. Garett Stevenson, BES, MCI P, RPP Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo November 29, 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 No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on December 11, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2018-014 — 321 Fischer Hallman Road — No Concerns 2. SG 2018-015 — 371 Franklin Street North — No Concerns 3. A 2018-126 — 468 Trussler Road — No Concerns 4. A 2018-128 — 24 Crosswinds Drive — No Concerns 5. A 2018-129 — 398 Rivertrail Avenue — No Concerns 6. A 2018-130 — 374, 380 and 384 Prospect Avenue — No Concerns 7. A 2018-131 — 414 and 424 Prospect Avenue — No Concerns 8. A 2018-132 — 114-120 Victoria Street South — No Concerns 9. A 2018-133 — 121 Walter Street — No Concerns 10.A 2018-134 — 76 Grand Flats Trail — No Concerns 11. A 2018-135 — 171 Rivertrail Avenue — No Concerns 12. A 2018-136 — 248 Shady Glen Cres — No Concerns 13. A 2018-137 — 1 Goodrich Drive AKA 1 Chandaria Place — No Concerns 14. A 2018-138 — 242, 254 and 262 Queen Street South — No Concerns 15. A 2018-139 — 16 Chapel Hill Drive — No Concerns 16. A 2018-140 — 405 and 409 Nyberg Street — No Concerns 17.A 2018-141 — 1800 Victoria Street North — 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Document Number: 2877629 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 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: December 3, 2018 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2018-014 321 Fischer Hallman Road SG 2018-015 371 Franklin Street North FN 2018-003 626 Blair Creek Drive Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-123 106 Ahrens Street West A 2018-125 810 Frederick Street A 2018-126 468 Trussler Road A 2018-128 24 Crosswinds Drive A 2018-129 398 Rivertrail Avenue A 2018-130 374, 380 & 384 Prospect Avenue A 2018-131 414 & 424 Prospect Avenue A 2018-133 121 Walter Street A 2018-134 76 Grand Flats Trail A 2018-135 171 Rivertrail Avenue A 2018-136 248 Shady Glen Crescent A 2018-137 1 Goodrich Drive/1 Chandaria Place A 2018-138 242, 254 & 262 Queen Street South A 2018-139 16 Chapel Hill Drive Applications for Consent: B 2018-121 59 Irvin Street B 2018-122 20 Victoria Marie Court/15 Prince Albert Boulevard B 2018-124 34 Third Avenue B 2018-126 53 Second Avenue B 2018-127 385 Frederick Street 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.