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HomeMy WebLinkAboutDSD-19-112 - A 2019-041 - 555 King St EStaff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 9 DATE OF REPORT: May 10, 2019 REPORT #: DSD -19-112 SUBJECT: A2019-041 — 555 King Street E Applicant — Robert Turner c/o James Fryett Architect Inc. Recommendation: Approve with Condition Location Map: 555 King St E *** 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: The subject property located at 555 King Street E is zoned High Intensity Mixed Use Corridor Zone (MU - 3) with Special Regulation Provision 544R in Zoning By-law 85-1 and designated Mixed Use Corridor in the City's King Street East Neighbourhood Plan for Land Use. The property currently contains a 26 -unit Multiple Dwelling which received Planning approval in 2005. The applicant has applied for a building permit to add a 27th unit within the existing building, and has subsequently applied for site plan approval. However, not all current Zoning By-law parking regulations are met for the 27 units. As such, the applicant is requesting relief from Section 6.7.1 of the Zoning By-law to allow for 1 barrier -free parking space to be provided, whereas 2 barrier -free parking spaces are required, and relief from Section 6.1.2 b) vi) of the Zoning By-law to allow for 2 visitor parking spaces, whereas 4 visitor parking spaces are required. Staff notes that 555 King St E and the land used as parking for the Multiple Dwelling are 2 separate properties. The applicant has confirmed with Planning staff that there is an easement over the parking lot property in favour of 555 King St E facilitating this land to be used as parking. 555 King St E City Planning staff conducted a site inspection of the property on May 5, 2019. 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. General Intent of Official Plan The subject property is designated Mixed Use Corridor in the City's King Street East Neighbourhood Plan for Land Use. These corridors are primarily intended to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development. It is the opinion of staff that the variances are appropriate for the mixed-use planned nature of the area, and meets the general intent of the King Street East Neighbourhood Plan. 2. General Intent of the Zoning By-law Barrier -Free Parking Space Reduction Variance The requested variance to provide 1 barrier -free space rather than 2 meets the general intent of the Zoning By-law. The intent of requiring barrier -free parking spaces for a range of uses in the By-law is to improve accessibility standards across the City. When the site was developed as a 26 -unit Multiple Dwelling in and around 2005, there was no requirement in the Zoning By-law for providing barrier -free parking spaces. When the site was constructed, 1 barrier -free parking space was provided. Under the Province's Accessibility for Ontarians with Disabilities Act (2005), Regulation 191/11 (Integrated Accessibility Standards) outlines requirements on the number of barrier -free parking spaces required and specifications as to how they will be designed, among other items. It is this legislation that the City looked to in 2013 when the requirement for providing barrier -free parking spaces for Multiple Dwellings was added to the Zoning By-law. This legislation provides for exemptions to requiring barrier -free spaces. Specifically, the wording is such that an exemption can be made where `it is not practicable to comply with the requirement because existing physical or site constraints prevent it from meeting the required ratio'. There is limited room on the site to accommodate the additional barrier -free parking space required by the Zoning By-law. The specific requirement of the Zoning By-law is 1.08 barrier -free parking spaces, and the By-law further specifies that the requirement shall be rounded up to 2. The site has been operating with 1 barrier -free space since it has been built and no new gross floor area is proposed to accommodate the 27th unit. As such, staff is satisfied that the general intent of the Zoning By-law has been met as there is 1 existing barrier -free space on the site. The applicant has indicated there is room on the site to accommodate an access aisle in accordance with the requirements of the Zoning by-law and this will further ensure the barrier -free space is available to be used for its full potential. These details will be refined through the site plan approval process, and a condition of approval has been added on this matter. Staff note that Transportation is supportive of the variance. Visitor Parking Space Reduction Variance The requested variance to provide 2 visitor parking spaces rather than the required 4 visitor parking spaces meets the general intent of the Zoning By-law. The intent of the visitor parking space requirement is to ensure that visitors to the site by motor vehicle have space to park. The property is located along a major street (King Street) and is well -served by transit. The 26 existing units have generally been operating with approximately this number of visitor spaces since the property was developed. This, in combination with the reality that the site will continue to be better served by transit (LRT) moving forward, justifies a visitor parking reduction to an existing site. For these reasons, staff is of the opinion that the general intent of the by-law is met. Staff note that Transportation is supportive of the variance. 3. Is variance minor? Staff is of the opinion that requested variance is minor as the approval of providing 1 barrier -free parking space rather than the required 2, and 2 visitor parking spaces rather than the required 4, will not cause any significant impacts to the subject property or surrounding neighbourhood. The site will largely continue to operate as it does today. 4. Is variance appropriate? The requested variances to reduce the number of required barrier -free parking spaces and visitor parking spaces is appropriate for the development and use of the land, as the proposal to add 1 unit to an existing 26 -unit multiple dwelling is consistent with the existing development of the site, the neighbourhood, and the planned function for the property. The parking area is remaining largely unchanged, and any outstanding details with respect to parking configuration will be resolved through the ongoing site plan approval process. Based on the foregoing, Planning staff recommends that this application be approved with condition. Building Comments: The Building Division has no objections to the proposed variance provided the building permit to create an additional apartment units is obtained prior to construction. Please contact the Building Division @ 519-741- 2433 with any questions. Transportation Services Comments: Given the proximity to the alternative transportation options, as well as on -street parking, Transportation Services have no concerns with the reduced amount of barrier -free and visitor spaces that are proposed. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-041 requesting relief from Section 6.7.1 of the Zoning By-law to provide 0 barrier -free parking spaces, whereas the By-law requires 2 spaces to be provided, and relief from Section 6.1.2 b) vi) of the Zoning By-law to allow 2 visitor parking spaces rather than the required 4 visitor parking spaces be approved, subject to the following condition: a) That the owner receive Site Plan Approval to the satisfaction of the Manager of Site Development and Customer Service for the addition of 1 -unit and any other proposed site works at 555 King Street East. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo May 03, 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.: D20-20/VAR KIT GEN (2) 06 BENTON/Frederick Victoria Business Centre (15) 08 WEBER KIT, Kiah Group Inc. Re: Committee of Adjustment Meeting on May 21, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-009 — 760 Commonwealth Crescent — No Concerns. 2. SG 2019-010 — 907 Frederick Street — There are no concerns to the sign variance for the sign mounted on the building, mentioned in the application. However, it is noted that there is another ground mounted business sign which is encroaching into Victoria Street right-of-way. The owner should confirm if there is an existing encroachment agreement in place. If not, the same would be required with the Region. 3. SG 2019-011 — 524 Belmont Avenue West— No Concerns. 4. A 2019-039 — 121 Arrowhead Crescent — No Concerns. 5. A 2019-040 — 18 Rosedale Avenue — No Concerns. 6. A 2019-041 — 555 King Street East — No Concerns. 7. A 2019-042 — 244-260 Shoemaker Street—No Concerns. 8. A 2019-043 — 170 Rivertrail Avenue — No Concerns. 9. A 2019-044 — 109 North Hill Place — No Concerns. 10.A 2019-045 — 52 South Drive — No Concerns. 11.A 2019-046 — 18 Guelph Street — No Concerns. 12.A 2019-047 — 945 Robert Ferrie Drive — No Concerns. 13.A 2019-048 — 28 Stirling Avenue South— No Concerns. 14.A 2019-049 — 101-115 Margaret Avenue — No Concerns. 15.A 2019-050 — 149-151 Ontario Street North / 21 Weber Street West: There are no concerns to the minor variance application. However, the owner is advised Document Number: 2997610 Page 1 of 2 that any development application on the above development would require dedicated road widening of approximately 3.0 metre along the entire property frontage along Weber Street (RR #08). 16.A 2019-051 — 25 Vanier Drive — 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. 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(u-)grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 13, 2019 YOUR FILE: See below RE: Applications for Minor Variance: SG 2019-009 760 Commonwealth Crescent SG 2019-010 907 Frederick Street, Units 3-5 SG 2019-011 524 Belmont Avenue West A 2019-038 128 Mill Street A 2019-039 121 Arrowhead Crescent A 2019-040 18 Rosedale Avenue A 2019-041 555 King Street East A 2019-042 244 and 260 Shoemaker Street A 2019-043 170 Rivertrail Place A 2019-044 107-109 North Hill Place A 2019-045 52 South Drive A 2019-046 18 Guelph Street A 2019-047 945 Robert Ferrie Drive A 2019-048 28 Stirling Avenue South A 2019-049 101-115 Margaret Avenue A 2019-050 149-151 Ontario Street North/21 Weber Street West A 2019-051 25 Vanier Drive Applications for Consent: B 2019-014 128 Mill Street B 2019-015 23-25 Wendy Crescent B 2019-016 52 Wilhelm Street B 2019-017 177 Fifth Avenue B 2019-018 69 Amherst Drive/118 Doon Valley Drive B 2019-020 28 Burgetz Avenue B 2019-021 20-24 Breithaupt Street B 2019-022 20-24 Breithaupt Street B 2019-023 26, 43, 47, 53, 55 Wellington Avenue North, 2, 12 Moore Avenue, 20-24 Breithaupt 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. 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority 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 2 of 2 Grand River Conservation Authority.