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HomeMy WebLinkAboutDSD-19-056 - A 2019-023 - Weber St E, Scott St & Pearl PlStaff Report Development Services Department REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT # SUBJECT: .—V Report: Committee of Adjustment March 19, 2019 1 K�RTIN-r_ K wwwkitchener. ca Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Brian Bateman, Senior Planner — 519-741-2200 ext. 7869 10 March 10, 2019 DSD -19-056 Application #: A2019-023 - 66, 68, 82 WEBER STREET EAST; 79, 83, 87 SCOTT STREET and 15, 25, 29 PEARL PLACE Applicant: Dave Aston, MHBC Recommendation to Approve with Conditions s SUBJECT PROPERTY 'Subject Property l_ ko r M •r t r 5 The subject property is an assemblage of properties municipally addressed as 66, 68, 82 Weber Street East; 79, 83, 87 Scott Street and 15, 25, 29 Pearl Place. The subject lands have frontage onto a Regional roadway (Weber), a City street (Scott) and a City laneway (Pearl) with a total area measuring 0.71 hectares. The subject site contains a residential dwelling of heritage designation, the EIWO office building of heritage significance, surface parking lots and vacant lands. Surrounding land use is commercial and low rise residential. Staff Repod J K�itR Development Services Department www.kitchener.ca Located within the Central Frederick neighbourhood, these lands are designated in the Central Frederick Secondary Plan as Medium Density Commercial Residential with a Special Policy Area to allow for a comprehensive mixed use development with a building no greater than 11 storeys in height and with an overall Floor Space Ratio of 2.33. The corresponding zoning is Commercial Residential Two (CR -2) with Special Regulations and Use Provisions 115R, 552R, 125U and 407U. A site plan application (SP18/108/S/BB) has been submitted for the construction of an 11 -storey residential apartment building on the subject lands (see below). The proposed building will contain 171 new dwelling units and 2 units will be contained within the renovated building at 87 Scott Street, for a total of 173 dwelling on the subject lands. Office uses are proposed within the renovated 82 Weber Street East, and ground floor commercial (restaurant) uses are proposed within the apartment building. Parking for residents of the apartment building is to be provided entirely underground, with the surface parking areas intended to serve the proposed commercial use in the new building, visitor parking for the apartment and the office uses at 82 Weber Street East. A single point of access to the site is proposed from Scott Street for vehicular movements to and from the site. The plan has been updated to now show the removal of the access to Pearl Place, based on comments received from residents. A meeting was held with residents on January 30th, 2019 to review the updated plan and discuss the proposed variances. p�..._.- WEBER STREET Proposed Site Plan Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca Variances Requested In order to implement the proposed site plan the following variances are being requested for the subject lands: 1. To permit a residential parking rate of 0.96 spaces per dwelling unit for units sizes greater than 51 square metres (139 parking spaces), whereas 1.25 spaces is required per dwelling unit (181 parking spaces); 2. To permit a parking rate of 1 space per 9.5 square metres of Gross Floor Area (30 parking spaces) for a restaurant use, whereas 1 space per 7.5 square metres of Gross Floor Area is required (37 parking spaces); 3. To permit a maximum height of 39.2 metres; whereas a maximum height of 33 metres is permitted (Special Provision 552R), however maintaining the building at 11 storeys; 4. To permit a minimum rear yard setback of 3.3 metres; whereas a minimum of 7.5 metres is required (Section 45.3.6), to recognize an existing condition; and 5. To permit a landscaped buffer width of 2.6 metres along a portion of Pearl Place, whereas a minimum width of 3.0 metres is required. Planning Comments: 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: 1. Does the variance maintain the general intent and purpose of the Official Plan? The subject property is designated Medium Density Commercial Residential in the Central Frederick Neighbourhood Secondary Plan of the City of Kitchener Official Plan. The intent of this designation is to allow for medium density residential, office and institutional redevelopment. Land uses may be segregated in separate buildings or integrated in mixed use developments. A higher level of urban design is expected, according to the Official Plan. The proposed variances will implement a site development that is permitted and envisioned for this designation, is compatible with the surrounding area, achieves a higher level of urban design and encourages the use of public transit through appropriate Transportation Demand Measures while balancing it with the need for on site parking. In the opinion of staff the intent of the Official Plan is therefore being maintained 2. Does the variance maintain the general intent and purpose of the Zoning By-law? Parking Space Rate & Landscape Strip Reduction 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 is located within walking distance to higher order transit (LRT) and the City is introducing a new Zoning By-law that proposes less stringent parking requirements for residential and commercial uses. The proposed landscape buffer along Pearl Place varies in width, and meets the required 3.0 metres width across the majority of the length of the buffer. A width of 2.6 metres is proposed for Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca a short length of the proposed landscape buffer, at the rear of the dwelling at 87 Scott Street near the stair entrance to the underground parking. A buffer wall is proposed along the Pearl Place frontage to reflect the pattern of homes along Pearl Place and is designed to reduce headlight glare toward the existing homes, in addition to the providing landscaping. Jointly, the landscaped area and the buffer wall will provide sufficient screening to the existing low rise dwellings on Pearl Place from the proposed development. The general intent of the Zoning By-law is therefore being maintained as the minimum landscape buffer width is maintained across the majority of the Pearl Place frontage. Building Height Variance Special Provision Regulation 552R permits a maximum building height of 11 storeys (33 metres). Staff acknowledge that at the time 552R was considered, the 33 metre maximum building height was based on an assumption of 3 metres per floor. There was no assumption for a different height for the ground floor commercial that is largely driving the proposed increase in building height currently being assessed. Given the situation, staff is of the opinion the intent of 552R is being maintained which was push the building and 11 storey height to the Weber and Scott intersections and away from Pearl Place so as to minimize the effects of height and shadow on adjacent low rise residential properties. The current proposal locates the footprint of the building closer to Weber Street and farther away from Pearl Place than was conceptually proposed when 552R was adopted back in 2010. The applicant's Urban Design Brief submitted with the site plan application indicates that shadow impacts are within acceptable limits despite an increase in height. Consequently, staff is supportive of the variance from 11 storeys (33m) to 11 storeys (39.2m) as the general intent of the by-law is maintained. Rear Yard Setback Variance As this is an existing situation, the variance is technical in nature and staff is supportive of legalizing the setback. This is a result of what was a side yard for the existing building located at 83 Weber Street East now considered the rear yard due to the comprehensive redevelopment and consolidation of properties. Consequently, the general intent of the Zoning By-law continues to be maintained. 3. Are the variances minor? Each of the requested variances will not have negative impacts on abutting lands or properties and visually the variances will not be perceivable. 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. Therefore, the variances are minor in the opinion of staff 4. Are the variances appropriate for the development of the lands? 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 situated on a primary transit corridor (Weber Street East) and is within walking distance of ION (LRT). The proposed variances will implement a site development that is permitted and envisioned for this designation, is compatible with the surrounding area, achieves a higher level of urban design, retains, enhances and integrates Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca heritage resources and encourages use of public transit through appropriate Transportation Demand Measures while balancing it with the need for on site parking. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support a reduced residential parking rate of 0.96 space per dwelling unit (for units larger than 51 sq. m.). Transportation Services can also support a reduced restaurant parking rate of 1 space per 9.5 sq. metres. As a condition of approval, Transportation Services recommends the following TDM measures be required on site as noted in the TDM report submitted by the applicant: • TDM Measure B1 — 85 bicycle spaces beyond the minimum required. • TDM Measure B4 — Provision of 1 ride share space (Priority Car Pool Spaces) • TDM Measure B5 — Provision of active uses at -grade along street frontages • TDM Measure B7 — Building owner/occupant agrees to charge for parking as a separate cost to occupants. Engineering Comments: No concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with the proposed minor variances. The properties municipally addressed as 87 Scott Street and 82 Weber Street East, which form part of the subject property are listed on the Municipal Heritage Register. The property municipally addressed as 91 Scott Street is adjacent to the subject property and listed on the Municipal Heritage Register. Heritage Planning staff has reviewed the application for a minor variance and concludes that the reduced residential parking and restaurant parking, reduced landscape buffer, and increased building height will not adversely impact the listed properties. 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 as the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 79-87 Scott Street, 66-82 Weber Street East, and 15-29 Pearl Place 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. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That Application A2019-023 seeking relief to permit: a residential parking rate of 0.96 spaces per dwelling unit for unit sizes greater than 51 square metres (139 parking spaces), whereas 1.25 spaces is required per dwelling unit (181 parking spaces); a parking rate of Staff Repod Development Services Department 1 K�R TIN+_ K www.kitchener. ca 1 space per 9.5 square metres of Gross Floor Area (30 parking spaces) for a restaurant use, whereas 1 space per 7.5 square metres of Gross Floor Area is required (37 parking spaces); a maximum height of 39.2 metres whereas a maximum height of 33 metres is permitted (Special Provision 552R), however maintaining the building at 11 storeys; a minimum rear yard setback of 3.3 metres; whereas a minimum of 7.5 metres is required (Section 45.3.6), to recognize an existing condition; and a landscaped buffer width of 2.6 metres along a portion of Pearl Place, whereas a minimum width of 3.0 metres is required, be approved subject to the following conditions: That Site Plan Application (SP18/108M/BB) receive full and final approval to the satisfaction of the Manager of Site Development and Customer Service. 2. That the Owner agrees to implement the following TDM measures to the satisfaction of the Director of Transportation: • TDM Measure B1 — 85 bicycle spaces beyond the minimum required. • TDM Measure B4 — Provision of 1 ride share space (Priority Car Pool Spaces) • TDM Measure B5 — Provision of active uses at -grade along street frontages • TDM MeasureB7— Building owner/occupant agrees to charge for parking as a separate cost to occupants. Brian Bateman, MCIP, RPP Juliane von Westerholt, MCIP, RPP Senior Planner Senior Planner Region of Waterloo February 27, 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, Sth 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.: D17-40/VAR KIT GEN /58 KIT, Gary Bromberg (2) Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-005 — 1275 Bleams Road — No Concerns. 2. SG 2019-006 — 1415 Huron Road — The plan shows the signs located just along the property line. It must be ensured by the proponent that the signs including their foundation must be located entirely on private property. 3. SG 2019-007 — 540 Bingemans Centre Drive — No Concerns. 4. A 2019-018 — 396 Vanier Drive — No Concerns. 5. A 2019-019 — 396 Vanier Drive — No Concerns. 6. A 2019-020 — 604-656 King Street East — No Concerns. 7. A 2019-021 — 859 Queen's Boulevard — No Concerns. 8. A 2019-022 — 312 River Trail Avenue — No Concerns. 9. A 2019-023 — 79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29 Pearl Street—No Concerns. 10. A 2019-024 — 51 Benton Street — No Concerns. 11. A 2019-025 — 25 Bruce Street — 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: 2944634 Page 1 of 2 Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 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: March 8, 2019 YOUR FILE: See below RE: Application for Minor Variance (Signs): SG 2019-005 1275 Bleams Road SG 2019-006 1415 Huron Road SG 2019-007 540 Bingemans Centre Drive Applications for Minor Variance: A 2019-018 396 Vanier Drive A 2019-019 396 Vanier Drive A 2019-020 650-664 King Street East A 2019-021 859 Queens Boulevard A 2019-022 312 Rivertrail Avenue A 2019-023 79-87 Scott Street, 66-82 Weber Street East & A 2019-024 51 Benton Street A 2019-025 25 Bruce Street Applications for Consent: B 2019-007 396 Vanier Drive B 2019-008 50 & 52 Breckenridge Drive B 2019-009 500 Karn Street GRCA COMMENT*: 15-29 Pearl Place 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, CPT 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.