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HomeMy WebLinkAboutDSD-19-021 - A 2019-011 - 270 Spadina Rd EJ Staff Repod Klr NER Development Services Department wwwkitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 WARD: 9 DATE OF REPORT: January 7, 2019 REPORT # DSD -19-021 SUBJECT: Application #: A2019-011, 270 Spadina Road East Applicant: MHBC Planning Recommendation to Approve with Conditions u REPORT SPRD6,yA D! �-- e ,l Location map: 270 Spadina Road East Planning Comments: The subject property is zoned Residential Eight Zone (R-8) with Special Regulation Provision 738R and is designated as Medium Rise Residential in the City of Kitchener's Official Plan. The owner is developing a multiple dwelling development consisting of 193 dwelling units and is proposing to vary the parking rate to facilitate the phasing of their multiple dwelling development. The owner is seeking relief from Section 6.1.2 a) to provide parking at a rate of 0.29 spaces for the first 103 residential units (30 required spaces, first phase, 103 units) and 1.42 spaces per residential unit thereafter (128 required spaces, second phase, 90 units) whereas Section 6.1.2 a) requires 158 parking spaces for the full building of the development. Additionally, the owner is requesting relief from Special Regulation 738R to provide 0 percent visitor parking spaces for the first 103 residential units (first phase) and 12 percent visitor parking spaces per residential unit thereafter (16 visitor spaces second phase) whereas Special Regulation 738R requires 10 percent visitor parking spaces for the full development. The final build out of the site will provide 167 parking spaces whereas 158 are required and include 16 visitor spaces parking spaces (10%) and 6 barrier free parking spaces. Construction of the development is planned over two phases. The first phase consists of 103 dwelling units which will contain 30 parking spaces, while the second phase will include 90 units and 128 parking spaces including 16 visitor spaces. The parking for the site is located both below grade and within the proposed parking structure. Since Phase 1 would only result in the partial construction of the development, only a portion of the total required parking would be constructed until Phase 2 is completed. The applicant wishes to phase the development and have Phase 1 occupied prior to the completion of Phase 2. The current regulations of the zone create an implementation challenge, as it does not factor the phasing into the overall development into the equation. That said, the total number of required parking spaces at full build out will remain unchanged. Staff conducted a site visit on December 13, 2018 FM - Subject Lands at 270 Spadina Road East 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 subject property is designated Medium Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. A significant number of Medium Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Medium Rise Residential Policies 3.1.3.1 and 3.1.3.2 from the 1994 Official Plan which allow for medium density forms of housing such as multiple residential dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staffs opinion that the proposed variances meet the general intent of the Official Plan which encourages a range of different forms of housing to achieve a medium density neighbourhood. The proposed variances will alter the way in which spaces are calculated or allocated based on a "per unit ratio" rather than defining a total number of parking spaces for the entire site. The requested variances are appropriate, as the proposed parking rate will not create unacceptably adverse impacts on adjacent properties. 2. The requested variances meet the intent of the Zoning By-law and can be considered minor. The intent of the Zoning By-law parking regulations are to ensure there is sufficient parking for residents. Currently there are 158 parking spaces (including 16 visitor spaces) required for the entire development which includes 193 residential units. The applicant is proposing that instead of using the fixed number, that parking is provided at a rate of 0.29 spaces for the first 103 residential units (30 required spaces, first phase, 103 units) and 1.42 spaces per residential unit thereafter (128 required spaces, second phase, 90 units). This will result in 158 spaces when both phases are constructed, as was originally required by the by-law. Additionally, the applicant is proposing to provide 0 percent visitor parking spaces for the first 103 residential units (first phase) and 12 percent visitor parking spaces per residential unit thereafter (16 visitor spaces second phase) whereas Special Regulation 738R requires 10 percent visitor parking spaces for the full development. This approach would allow each phase to meet parking requirements, as they are completed. It is therefore staff's opinion that the requested variances are appropriate and meet the intent of the zoning, as it continues to provide for sufficient parking for the site and does not result in a reduction in the total number of parking spaces. 3. Planning Staff is of the opinion that the variance requested is desirable, as there is no impact on the future users of the building or the neighbourhood, as the overall intended number of parking spaces remains unchanged. It is staff's further opinion that this approach to calculation of parking spaces is appropriate and the variance proposed is desirable as it allows for the implementation of the phasing of the development and some flexibility during construction. This approach, if applied, will continue to ensure that sufficient parking is provided for each phase of development. The allocation of parking spaces allows for the registration of a plan of condominium for the first phase prior to the completion of the construction of balance of the development. It is also noted that Transportation Services is in support of the proposed parking variance. 4. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. As noted above, there would be no impact on the overall parking to be provided for this development once fully constructed and is therefore minor. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Environmental Planning Comments: Tree Management will be addressed through SP16/119/S/GS. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Services Comments: No concerns. RECOMMENDATION That application A2019-011 requesting relief from Section 6.1.2 a) to provide parking at a rate of 0.29 spaces for the first 103 residential units (30 required spaces, first phase, 103 units) and 1.42 spaces per residential unit thereafter (128 required spaces, second phase, 90 units) whereas Section 6.1.2 a) requires 158 parking spaces for the full building of the development and relief from Special Regulation 738R to provide 0 percent visitor parking spaces for the first 103 residential units (first phase) and 12 percent visitor parking spaces per residential unit thereafter (16 visitor spaces second phase) whereas Special Regulation 738R requires 10 percent visitor parking spaces for the full development, be approved subject to the following condition: 1. That the Owner shall provide a letter of undertaking that the new home purchasers or tenants will be advised in Offers of Purchase and Sale or Rental Agreements that limited parking will be available until the full build out of the development is completed to the satisfaction of the Director of Transportation Services and Director of Planning. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo January 3, 2019 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 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. 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. Document Number: 2898843 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. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. 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: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth Avenue 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.