HomeMy WebLinkAboutDSD-19-265 - A 2019-119 - 51 David StJ
Staff Report
KIT[1IENER Community Services Department www.kitchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 19, 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: 9
DATE OF REPORT: November 9, 2019
REPORT #: DSD -19-265
SUBJECT: A 2019-119 — 51 David Street
Applicant — Pierre Chauvin
Owner — Vive Development Corporation
Approve with Conditions
a Cb -11
Subject Property: 51 David Street
Report:
The subject property is located at 51 David Street in the Victoria Park Neighbourhood. Situated
on the east side of David Street midblock between Joseph Street and Courtland Avenue West,
this vacant parcel measures 0.097 ha in area that once housed two derelict residential dwellings
demolished in 2014. Surrounding land use is open space (Victoria Park) to the west and medium
to high density multiple residential to the north, south and east. The subject property is
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designated Mixed Use in the Victoria Park Secondary Plan, zoned High Intensity Mixed Use (MU -
3) with Special Use Provision (397U) and Special Regulation Provision (507R) of By-law 85-1.
51 David Street also falls within the Victoria Park Heritage District.
The owner is proposing to re -develop the property with a six storey step -backed apartment
building as illustrated below. Parking is to be entirely contained within the building using an
automated stacking parking system for 21 vehicles. A Site Plan Application was submitted in
2017 with Council approval given for the Heritage Impact Assessment in 2017. A Minor Variance
application A2017-128 was required to implement the overall site design - including a parking
reduction from 1.0 to 0.67 spaces per unit -which was approved by the Committee of Adjustment.
The owner received full site plan approval in March 2018.
Proposed Building — 51 David St.
The owner has submitted a new variance application to reduce the parking ratio from 1.0 space
per unit to 0.6 spaces per unit in order to facilitate an increase in the overall unit count from 30 to
32. This increase affects the parking ratio thereby necessitating a minor variance. No other
changes are being proposed and the built form will remain unchanged as the work will be an
internal re -configuration of a larger unit. The Committee of Adjustment approved a parking
variance under A2017-128 allowing for 0.67 spaces per unit instead of 1.0 space per unit. In
essence, the reduction is from 0.67 to 0.6 spaces per unit but since one cannot vary a variance,
the variance request is from 1.0 to 0.6.
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:
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1. Is the general intent of the Official Plan maintained?
The Official Plan indicates that the subject lands are designated `Mixed Use Corridor' with Special
Policy 6 in the Victoria Park Secondary Plan. Mixed Use Corridors are linear in form and recognize
the evolution of uses along major corridors. These corridors are primarily intended to serve the
adjacent residential neighbourhoods as employment areas and allow for intensive, transit
supportive development. Mixed Use Corridors provide residential redevelopment opportunities
together with appropriate commercial and institutional uses that primarily serve adjacent
residential neighbourhoods.
Section 13 of the City's Official Plan provides direction with respect to parking in the City. Two
key objectives are:
• To ensure adequate parking standards and regulations are in place and enforced; and
• To reduce parking space demand in support of active transportation and transit and
potential redevelopment of surface parking lots especially in intensification areas.
The subject property is located just outside of the designated Downtown, but is within walking
distance to ION LRT and a parking garage owned by the City. The Mixed Use Three (MU -3)
zoning of 51 David Street confirms it is located within an area of intensification. The area is well
served by higher order transit, walking trails and bicycle lanes. No surface parking is being
proposed with this development. As a result, it is the opinion of staff the general intent of the
Official Plan is maintained.
2. Does the variance maintain the general intent and purpose of the Zoning By-law?
The intent of the zoning by-law is to ensure adequate parking exists on site to avoid parking
problems or spillover onto nearby City streets. Mixed Use zoning requires 1.0 space per
residential unit. In this case, 32 spaces are required and 21 are proposed representing a rate of
0.60 spaces/unit. Through A2017-128 and to support the 0.67 reduction, the applicant had
submitted and received approval of a TDM checklist. The checklist is used to calculate parking
reductions based on providing any number of TDM measures such as the provision of bicycle
storage, unbundled parking or meeting certain locational criteria. Transportation Planning staff
has approved the checklist, and is satisfied the latest parking reduction is suitable based on those
TDM measures approved previously. Therefore, the general intent of the zoning by-law is
maintained.
3. and 4. Is the Variance minor and is it appropriate for the use of land?
The subject property is located within a mixed use area where intensification is supported and
proximity to higher order transit and a City -owned parking garage along with TDM measures lend
support for the parking reduction. There is also some on street parking available along a section
of David Street. As noted, the owner will be providing a number of TDM measures that will off set
a need for additional parking. Moreover, in 2017 the Committee had approved a minor variance
for 0.67 spaces per unit and the difference from 0.67 to 0.6 spaces represents one more additional
space for two extra units. Therefore, it is staff's opinion that the variance is minor and is
appropriate for the use of land.
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Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Comments:
Transportation Services have no concerns with the proposed parking rate of 0.6 spaces per
unit, based on the site's proximity to transit and additional parking options.
Engineering Comments:
No comments.
Heritage Comments:
The subject property is located within the Victoria Park Area Heritage Conservation District
(VPAHCD) and designated under Part V of the Ontario Heritage Act. A Heritage Permit was
issued in 2017 for the construction of a new multiple residential building. Given that the proposed
minor variance related to parking ratios does not have impact on or change the design of the
building approved through the Heritage Permit Application process, Heritage Planning staff has
no concerns.
Environmental Planning Comments:
No natural heritage concerns.
RECOMMENDATION:
That Application A2109-119 seeking relief from Section 6.1.2a) to permit a parking ratio of
0.60 spaces per unit instead of the required 1.0 space per unit be approved subject to the
following condition:
1. That a Site Plan amendment application be submitted and approved by June 2020 to the
satisfaction of the Manager of Site Development and Customer Service.
Brian Bateman, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
November 05, 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
(13) DEVIT AVENUE DEVELOPMENTS LTD.
(15) 197 FREDERICK STREET TDL GROUP
Re: Committee of Adjustment Meeting on November 19, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) FN 2019-002
— 123 Mountain Mint Crescent— No Concerns.
2) SG 2019-016
— 500 Fairway Road South — No Concerns.
3) A 2019-111 —
37-39 Pandora Avenue North — No Concerns.
4) A 2019-112 —
45 Heiman Street — No Concerns.
5) A 2019-113 —
47 Heiman Street — No Concerns.
6) A 2019-114 —
45 Maywood Road — No Concerns.
7) A 2019-115 —
593 Charles Street East — No Concerns.
8) A 2019-116—
10 Shanley Street — No Concerns.
9) A 2019-117—
450 Rivertrail Avenue — No Concerns.
10) A 2019-118
— 8 Devon Street — No Concerns.
11) A 2019-119
— 51 David Street — No Concerns.
12) A 2019-120
— 14 Frontier Drive — No Concerns.
13) A 2019-121
— 80-96 Sydney Street North — No Concerns.
14) A 2019-122
— 1092 Queen's Boulevard — No Concerns.
15) A 2019-123
— 181-197 Frederick Street — No Concerns.
16) A 2019-124 thru 129 — 205, 209, 220, 212, 208 & 204 Field Sparrow Crescent —
No Concerns.
17) A 2019-130
— Adjacent to 85 McIntyre 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 the payment of Regional Development Charges for this
development prior to the issuance of a building permit. The comments contained in this
letter pertain to the Application number listed. If a site is subject to more than one
application, additional comments may apply.
Document Number: 3146724
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Please forward any decision on the above mentioned application to the undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
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: November 8, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
FN 2019-002
123 Mountain Mint Crescent
SG 2019-016
500 Fairway Road South
A 2019-111
37-39 Pandora Avenue North
A 2019-112
45 Heiman Street
A 2019-113
47 Heiman Street
A 2019-114
45 Maywood Road
A 2019-115
593 Charles Street East
A 2019-116
10 Shanley Street
A 2019-117
450 Rivertrail Avenue
A 2019-118
8 Devon Street
A 2019-119
51 David Street
A 2019-120 14 Frontier Drive
A 2019-121 80, 86, 92 & 96 Sydney Street North
A 2019-122 1092 Queens Boulevard
A 2019-123 181-197 Frederick Street & 143-147 Lancaster Street East
A 2019-124 to A 2019-129 204, 205, 208, 212 & 220 Field Sparrow Crescent
Applications for Consent:
B 2019-066-071 253 Clark 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, 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