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
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Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Brian Bateman, Senior Planner — 519-741-2200 ext. 7869
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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
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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.
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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.
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WEBER STREET
Proposed Site Plan
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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
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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
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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
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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.