HomeMy WebLinkAboutDSD-19-199 - A 2019-090 - 30-40 Margaret Ave1
Staff Repod K 1RN-PR
Development Services Department wwwkitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: August 20, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Brian Bateman, Senior Planner — 519-741-2200 ext. 7869
WARD: 10
DATE OF REPORT: August 9, 2019
REPORT # DSD -19-199
SUBJECT: Application #: A2109-090 — 30 to 40 Margaret Avenue
Applicant: P. Chauvin, MHBC
Recommendation to Approve with Conditions
�Subiect Property
Subject Property
Report:
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The subject property is an assemblage of properties municipally addressed as 30 to 40 Margaret
Avenue. Legally described as Lots 193-198, 211-213 and Part of Lots 199-203, 214-218
Registered Plan 374, City of Kitchener, Regional Municipality of Waterloo. The subject lands are
situated on the north side of Margaret Avenue between Queen Street and Maynard Avenue. The
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subject lands measure approximately 191 metres wide by 55 metres deep for an area of 1.23
hectares (3.04 acres). Surrounding land uses are comprised of low rise residential, medium to
high rise residential and institutional uses.
Located within the Civic Centre Neighbourhood, these lands are designated Medium Density
Multiple Residential in the Civic Centre Secondary Plan and zoned R-8 with special regulation
551 R, in the City of Kitchener Zoning By-law 85-1. The zoning permits a medium rise residential
development.
Application for site plan approval was submitted to the City in late March of 2019. The plan is for
the development of a six -storey, multiple residential building fronting onto Margaret Ave, with a
total of 234 dwelling units. A total of 262 parking spaces are proposed, the majority of which are
located underground. 16 visitor surface parking spaces are proposed at the rear of the building.
There is an outdoor amenity area proposed at the rear of the building, as well as landscaped
areas and indoor amenity areas. Two vehicular access points are proposed off of Margaret Ave,
on the easterly and westerly edges of the property. The access on the easterly edge provides
access to the underground parking, and the access on the westerly edge provides access to the
visitor parking area at the rear of the building.
A Neighbourhood Information Meeting was held with area residents on May 9, 2019. The Site
Plan Review Committee met on June 19, 2019 to discuss the site plan application. City staff has
issued `Approval in Principle' (AIP) for the site plan. The heritage application was considered by
Heritage Kitchener at the August 4, 2019 meeting. The application received unanimous
endorsement from Heritage Kitchener and was recommended for approval. This matter will be
discussed at the August 26 Council meeting.
MARGAREI AVEWr
Proposed Site Plan — Courtesy of MHBC Planning
Staff Repod
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Variances Requested
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In order to implement the site development under consideration, three minor variances are
required. The variances are as follows:
1) Unit Count - To provide relief from City of Kitchener Zoning By-law 85-1 site specific zoning
By-law 551 R, to permit a maximum of 234 units, whereas 210 units are permitted.
2) Residential Parking Rate - To permit a parking rate of 1.12 spaces per unit for a total of 262
spaces, whereas a rate of 1.25 spaces / unit for a total of 293 spaces are required, as per
Section 6.1.2 a) of Zoning By-law 85-1.
3) Visitor Parking Rate - To permit 16 spaces, or 6% of the total required spaces as visitor
parking spaces, whereas Zoning By-law 85-1 Section 6.1.2. b) requires 20% or 59 spaces.
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. Do the variances 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 general intent
of this designation is to allow for medium density residential while maintaining the overall
residential character of the neighbourhood.
The proposed development and the requested variances are in keeping with the intent of the Civic
Centre Secondary Plan for the subject lands. 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 supporting the City's Urban Design
policies, and provides for a mixture of unit sizes that the City's Housing policies encourage. Lastly,
given its location relative to the downtown and higher order transit the combination of proposed
density and parking is balanced appropriately to have sufficient on site parking yet encourage the
use of public transit that the City's Transportation policies promote. In the opinion of staff the
general intent of the Official Plan is therefore maintained.
2. Does the variance maintain the general intent and purpose of the Zoning By-law?
Unit Count
The subject property is zoned Residential Eight (R-8), with Special Regulation 551 R, under City
of Kitchener Zoning By-law 85-1. The site specific By-law was approved in 2010. The proposed
use of a multiple dwelling is permitted in the R-8 zone. Special Regulation Provision 551 R was
enacted in response to a conceptual development to support the Official Plan Amendment and
Zoning By-law Amendment application in order to regulate the height, massing, number of units
and parking of the previous plan. The current developer is maintaining the height and massing
restrictions 551 R imposes, but is reconfiguring the internal layout of the building to provide a
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greater mix of unit sizes to meet current housing demands. This has resulted in a slightly higher
unit yield of 234 versus 210. Since height and massing of the building remain unchanged, the
effect is negligible and the general intent of the Zoning By-law is maintained.
Parking Space Rate
The intent of the parking provisions in the Zoning By-law is to ensure sufficient on-site parking is
provided for residents and visitors. Section 6 of the City of Kitchener Zoning By-law 85-1 provides
for off-street residential parking requirements for multiple dwellings. The proposed parking rate
is 1.12 spaces per unit; whereas 1.25 spaces per unit is required under Zoning By-law 85-1.
Council has approved Stage 1 of a new Zoning By-law 2019-051 (CRoZBy) (under appeal) By-
law 2019-051 is reducing the required residential parking rate for multiples to 1.1 space per unit,
inclusive of visitor parking at 10 percent or 0.1. The parking rate under consideration more closely
aligns with direction being sought by the City to lower parking rates, requiring TDM measures in
order to encourage use of public transportation, particularly around transit station areas. This
parking rate is also consistent with or slightly greater than most developments occurring within or
adjacent to the downtown.
The proposed rate of 1.12 spaces per unit maintains the general intent and purpose of the Zoning
By-law and is appropriate for a multiple residential dwelling, located in close proximity of the Urban
Growth Centre, a range of uses, services and transit, including higher order transit.
Visitor Parking Rate
Under By-law 85-1, the visitor parking requirement for the number of units proposed is 20 percent
of the required number of spaces. By-law 2019-051 (CRoZBY) proposes a visitor parking rate of
10 percent. A rate that is applied generally throughout the City. The intent of the By-law is to
ensure an adequate amount of on-site visitor parking is being provided. The rate being proposed
is 6 percent for a total of 16 spaces. 23 spaces would be required under the new Zoning By-law.
The intent of the reduction is to minimize the amount of asphalt area in order to preserve existing
trees and to maximize the amount of land available for amenity and open space in order to create
a buffer for those existing residential properties located on Ellen Street that back onto this
development. Given the location of this development to the downtown and ION, and a desire to
balance the parking with urban design objectives, staff is satisfied that a reduction is appropriate
for this location. Moreover, there is on -street parking available along this section of Margaret
Avenue.
Further to discussions with the applicant in which staff requested the applicant to provide more
visitor parking spaces, the applicant has obliged by increasing the visitor parking ratio from 6 to 8
percent. This move increases visitor parking from 16 to 24 spaces. The additional 8 spaces are
being allocated in the underground parking structure. Staff supports this change as it brings the
ratio closer to the 10 percent under By-law 2019-051 (under appeal). Consequently, the applicant
has requested to revise his variance request and ask for an 8 percent visitor parking rate instead
of the required 20 percent under By-law 85-1. Staff is of the opinion that providing 8 percent of
the required parking for visitor parking generally meets the intent of the Zoning By-law.
3. Are the variances minor?
The proposed variance to increase the maximum number of permitted units from 210 to 234, is
minor and represents an increase of 24 units due to the reconfiguration of the internal building
space to provide smaller unit sizes. Smaller units are being offered to provide a greater mixture
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and variety of unit sizes. Building height and massing are not being increased. As a result, staff
has no concerns with the proposed increase from 210 to 234.
The proposed variance to provide parking at a rate of 1.12 spaces/ unit (262 spaces proposed)
for a medium density development, will provide for sufficient parking for the residential use, and
will not have negative impacts on abutting residential lands. Additionally, the proposed
development still provides parking at a rate in excess of 1.1 spaces/ unit that By-law 2019-051
(CRoZBy) (under appeal). An 8 percent visitor parking rate is appropriate for this location given
proximity to ION, a desire to balance the amount of surface parking with amenity space and buffer
needed to separate the proposed development from adjacent low rise residential lands and
direction of By-law 2019-051 (under appeal).
In staffs opinion, the parking reduction is minor given the overall direction of City parking policy
to reduce parking in all zones combined with the location of the subject lands to higher order
public transit and a desire to minimize surface parking in favour of more amenity space and lands
available to buffer those homes that back onto this development.
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 proposed variances will implement an infill site development of a mid -rise, multiple residential
dwelling building that is permitted and envisioned for this site under the land use designation and
zoning, has been designed to be compatible with the surrounding area and achieves a higher
level of urban design, provides a variety of unit sizes, and encourages use of public transit through
providing an appropriate balance of parking with a desire for more amenity space and buffer lands
to enhance compatibility.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Comments:
It should be noted that as part of Transportation Services support of this application, justification
was submitted by Paradigm (March 2019). As part of their justification for reduced vehicle parking,
a TDM checklist was included, the checklist notes 84 bicycle parking spaces. However, to achieve
the proposed 262 on-site vehicle parking spaces, a total of 145 indoor secure bicycle parking
space be provided on-site. This equates to an additional 61 indoor secure bicycle parking spaces
should be provided on-site.
Engineering Comments:
No concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concerns with the proposed minor variances.
The property municipally addressed as 30-40 Margaret Avenue is designated under Part V of the
Ontario Heritage Act and located within the Civic Centre Neighbourhood Heritage Conservation
District. A Heritage Permit Application has been submitted for the construction of two joined 6
storey multiple residential buildings.
Staff Report
Development Services Department
Environmental Planning Comments:
No natural heritage concerns.
Operations (parks)
RECOMMENDATION:
www1itchener.ca
That Application A2019-191 seeking relief to 551R of By-law 85-1 in order to permit: a
maximum residential unit count of 234 rather than 210; a parking rate of 1.12 spaces per
dwelling unit (262 spaces) whereas 1.25 spaces per dwelling unit (293) is required; and a
visitor parking rate of 8 percent (24 spaces) whereas 20 percent (59 spaces) is required,
BE APPROVED, subject to the following conditions:
That Site Plan Application (SP19/040/M/JVW) receive full and final approval to the
satisfaction of the Manager of Site Development and Customer Service.
2. That the Owner agrees to provide 61 additional bicycle spaces as per the TDM Checklist
to the satisfaction of the Director of Transportation.
Brian Bateman, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
August 01, 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
Re: Committee of Adjustment Meeting on August 20, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-083 — 103 Simeon Street — No Concerns.
2. A 2019-084 — 360 Louisa Street — No Concerns.
3. A 2019-085
— 6 Robert Peel Road — No Concerns.
4. A 2019-086
— 8-258 Edgewater Crescent — No Concerns.
5. A 2019-087
— 119 St. George Street — No Concerns.
6. A 2019-088
— 915 Chapel Hill Court — No Concerns.
7. A 2019-089
— 19 Netherwood Road — No Concerns.
8. A 2019-090—
30 to 40 Margaret Avenue — No Concerns.
9. A 2019-091—
47 Heiman 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.
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3066911
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Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: August 12, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-050
149-151 Ontario Street North/21
A 2019-083
103 Simeon Street
A 2019-084
360 Louisa Street
A 2019-085
6 Robert Peel Road
A 2019-086
8-258 Edgewater Crescent
A 2019-087
119 St. George Street
A 2019-088
915 Chapel Hill Court
A 2019-089
19 Netherwood Road
A 2019-090
30-40 Margaret Avenue
A 2019-091
45 & 47 Heiman Street
Applications for Consent:
B 2019-055 119 Waterloo Street
B 2019-056 1000 Victoria Street North
B 2019-057 45 & 47 Heiman Street
GRCA COMMENT:
Weber Street West
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
xThese 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