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HomeMy WebLinkAboutDSD-20-025 - A 2020-012 - 1333 Weber St EStaff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157 PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ext. 7668 WARD: 2 DATE OF REPORT: February 12, 2020 REPORT #: DSD -20-025 SUBJECT: A2020-012 — 1333 Weber Street East Applicant — GSP Group Inc. c/o Kristen Barisdale Owner — Pamata Hospitality Inc. c/o 1776411 Ontario Ltd. Approve Subject to Conditions 31. Weber StE. Fergus Ave w ��r s Subject Property REPORT Background: The property is located just within the boundary of the Stanley Park Planning Community. The subject property is located at the southwest corner of Weber Street East and Fergus Avenue, across Weber Street from Emmanuel Village Retirement Home and across Fergus Avenue from HiWay Centre plaza. Provincial Highway 8 is located immediately to the rear (southwest) of the property. The Beer Store is located beside the property, to the northwest. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The surrounding area is composed of a variety of land uses, for example: commercial/retail, office, and institutional. Low density residential uses are located beyond the commercial strip that frames Weber Street. The subject property contains the former Howard Johnson Hotel, including a large surface parking lot that faces Weber Street. The hotel recently closed and the building is now unoccupied. The property was the subject of a private Zoning By-law Amendment application in 2016 which resulted in the property being rezoned to allow high density, mixed use development. In 2019 the property was the subject of Site Plan Application SP19/105/W/AP which resulted in Approval in Principle being granted on December 18, 2019 to allow the development of 4 buildings with 3 levels of underground parking, with Buildings A, B, and C being connected by a 4 -storey base, and all buildings being connected by underground parking (see approved site plan drawing, attached): • Building A — 15 -storey multiple dwelling with 177 dwelling units, • Building B — 15 -storey multiple dwelling with 173 dwelling units, • Building C — 12 -storey mixed-use building with 650 square metres of commercial floor area and 128 dwelling units, and • Building D — 12 -storey mixed-use building with 650 square metres of commercial floor area and 90 dwelling units. The property is presently designated Mixed Use, with a Community Node urban structure element, in the Official Plan, and is zoned MIX -3,(49), (68), (10H), (11H), (17H) in Zoning By-law 2019-051 and is zoned MU -3, 675R, 76H, 77H, 22HSR in Zoning By-law 85-1. The applicant is requesting minor variances for relief from the parking requirements of both zoning by- laws, for the development planned through Site Plan Application SP19/105/W/AP. The planned third level of underground parking has been determined by the applicant to be cost -prohibitive. The requested parking relief would allow the third level of underground parking to be eliminated. As part of the previous zoning by-law amendment and site plan application processes, a Traffic Impact Study (TIS) was prepared, which included a Transportation Demand Management (TDM) assessment, and provided justification for reduced parking. It should be noted that the site plan application that received approval in principle in December 2019 was in compliance with the both zoning by-laws, including parking regulations. At this time, the applicant is requesting parking variances from both Zoning By-law 2019-051 ((under appeal with the Local Planning Appeal Tribunal (LPAT), but likely coming into effect soon)] and Zoning By-law 85-1 (in effect, but likely to become obsolete soon), as follows: Zoning By-law 2019-051: • Requesting relief from Section 5.6 of By-law 2019-051 to allow a multiple residential building in a MIX Zone to have a parking rate of 0.85 spaces per dwelling unit, rather than the required 0.9 spaces per dwelling unit (note that this variance would only come into affect when the appeal is resolved by LPAT and By-law 2019-051 is put into full force and effect). Zoning By-law 85-1: • Requesting relief from Section 6.1.2a) of By-law 85-1 to allow a multiple dwelling parking rate within an MU -3 Zone of 0.85 spaces per dwelling unit, rather than the required 1.0 spaces per dwelling unit, Requesting relief from Section 6.1.2a) of By-law 85-1 to allow a parking rate of 1 space per 35.0 square metres of Gross Floor Area (GFA) for a plaza complex, rather than the required 1 space per 27.0 square metres of GFA, and Requesting relief from Section 6.1.2b)vi)B) of By-law 85-1 to allow visitor parking for multiple dwellings to be shared with the plaza complex parking, rather than requiring that 20 percent of the required parking spaces for multiple dwellings be designated as visitor parking. General Intent and Purpose of Official Plan Test Policy 13.C.8.2. within the Parking section of the Official Plan states: The City may consider adjustments to parking requirements for properties within an area or areas, where the City is satisfied that adequate alternative parking facilities are available, where developments adopt transportation demand management (TDM) measures or where sufficient transit exists or is to be provided. In addition, Policy 13.C.7.4. within the Transportation Demand Management (TDM) section of the Official Plan states: The City will consider reduced parking requirements for development and/or redevelopment in accordance with Policy 13.C.8.2 where a comprehensive Transportation Demand Management Report is submitted to the satisfaction of the City In this case, the property is designated Mixed Use, with a Community Node urban structure element, in the Official Plan. This designation permits a broad range and mix of residential, commercial, and institutional uses. Community nodes primarily serve an inter -neighbourhood market and are intended to intensify, be transit -supportive and cycling and pedestrian -friendly. The requested variances meet the general intent and purpose of the Official Plan as they will facilitate high- density, mixed-use, transit -supportive development that is consistent with the Parking, Mixed Use, and Community Node policies. General Intent and Purpose of Zoning By-law Test The property is zoned High Intensity Mixed Use Corridor (MU -3) in Zoning By-law 85-1 and MIX -3 in Zoning By-law 2019-051, both of which permit a mix of high density residential, commercial, and institutional uses. The parking requirements within both by-laws have been established to ensure general parking minimums within mixed use areas. However, in this case, the applicant has submitted studies prepared by professional transportation engineering consultants indicating that due to the specific site characteristics, proposed TDM measures, and adjacent transit services, the reduced parking requirements are justified. The requested variances meet the general intent of the zoning by-laws. "Minor" Test The requested parking relief is minor in that it is not anticipated to cause unacceptably adverse impacts on adjacent properties. The results of the parking analysis contained in the TIS, as confirmed by a letter from Paradigm Transportation Solutions, indicate that the requested parking relief is justified. The TDM measures outlined in the TIS will be implemented through the site plan process. As such, no negative impacts are expected as a result of the reduced parking requirements. As a precaution, Planning staff recommends a condition to require the owner to enter into an agreement to require the Transportation Demand Management (TDM) measures to be implemented in accordance with the Transportation Impact Study. Desirability for Appropriate Development or Use Test The requested variances will facilitate development that meets the City's objectives for this area, as outlined in the Mixed Use and Community Node policies of the Official Plan. The related site plan application approves the construction of 4 high-density, mixed-use buildings with underground parking. Note that a condition is recommended to require a site plan update to revise the parking, as necessary. The variances are desirable for the appropriate development of the land. For the abovementioned reasons, Planning staff is of the opinion that the variance request isjustified, subject to the conditions outlined below. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the Transportation Impact Study (September 2019) and Impact of Site Plan Changes (January 10, 2020) submitted by Paradigm Transportation Solutions Limited, the rationale and approach applied to the proposed parking rates for the residential, visitor and commercial parking components are acceptable. Engineering Comments: No Engineering concerns. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: Environmental Concerns / The Tree Management Policy will be addressed through the Site Plan Process. RECOMMENDATION A. That Minor Variance Application A2020-012 requesting relief from: a. Section 6.1.2a) of By-law 85-1 to allow a multiple dwelling parking rate within an MU - 3 Zone of 0.85 spaces per dwelling unit, rather than the required 1.0 spaces per dwelling unit, b. Section 6.1.2a) of By-law 85-1 to allow a parking rate of 1 space per 35.0 square metres of Gross Floor Area (GFA) for a plaza complex, rather than the required 1 space per 27.0 square metres of GFA, and c. Section 6.1.2b)vi)B) of By-law 85-1 to allow visitor parking for multiple dwellings to be shared with the plaza complex parking, rather than requiring that 20 percent of the required parking spaces for multiple dwellings be designated as visitor parking, be approved, subject to the following conditions: 1. That the owner submit and obtain approval of a revision to Site Plan Application SP19/105M//AP, to the satisfaction of the City's Manager of Site Development and Customer Service. 2. That the owner shall make satisfactory arrangements with the City's Director of Transportation Services to implement certain Transportation Demand Management (TDM) measures in accordance with the Transportation Impact Study prepared by Paradigm Transportation Solutions Ltd., dated September 2019, which may include entering into an agreement to be prepared by the City's Solicitor and registered on the title of the property, at the discretion of the City's Director of Transportation Services. 3. That this approval shall apply only to the development proposed through Site Plan Application SP19/105/W/AP. B. That Minor Variance Application A2020-012 requesting relief from Section 5.6 of By-law 2019-051 to allow a multiple residential building in a MIX Zone to have a parking rate of 0.85 spaces per dwelling unit, rather than the required 0.9 spaces per dwelling unit, be approved, subject to the following conditions: 1. That this minor variance shall become effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c. P 13, as amended. At such time, the variance shall be deemed to have come into force as of the date of this decision. Further, should the regulations relating to the requested variance change prior to Zoning By-law 2019-051 coming into force, this variance shall be void. 2. That the owner submit and obtain approval of a revision to Site Plan Application SP19/105/W/AP, to the satisfaction of the City's Manager of Site Development and Customer Service. 3. That the owner shall make satisfactory arrangements with the City's Director of Transportation Services to implement certain Transportation Demand Management (TDM) measures in accordance with the Transportation Impact Study prepared by Paradigm Transportation Solutions Ltd., dated September 2019, which may include entering into an agreement to be prepared by the City's Solicitor and registered on the title of the property, at the discretion of the City's Director of Transportation Services. 4. That this approval shall apply only to the development proposed through Site Plan Application SP19/105NV/AP. Andrew Pinnell, MCIP, RPP Senior Planner Attach: • Approved Site Plan Drawing Juliane von Westerholt, MCIP, RPP Senior Planner H Ai T /g ILL: 03m vela �� m _ —4 � ° ------ --- m r m n F I T s o WLJ TI m m m m T �ZV9 in-W lie €a �e -W TTRv m i°- LnI � v jTj vvpa= z �ij1 nimWm<v`t�i rjL mz R CnME s filL ORN rn Q O E F +� GZ�=O i r{T my H &.I m 8� Region of Waterloo January 29, 2020 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) 55 DUKE STREET WEST ANDRIN CITY CENTRE PHASE II 5) 1333 WEBER STREET EAST PAMATA HOSPITALITY INC 6) 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-008 — 141 Whitney Place — No Concerns. 2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke Street — No Concerns. 3) A 2020-010 — 25 Wellington Street North — No Concerns. 4) A 2020-011 — 23 Forfar Avenue — No Concerns. 5) A 2020-012 — 1333 Weber Street East — No Concerns. 6) A 2020-013 — 544 Bridgeport Road — No Concerns. 7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns. 8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are 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 these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. 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: February 7, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-009 120, 130 & 140 King St W, 31 A 2020-010 25 Wellington Street North A 2020-011 23 Forfar Avenue A 2020-012 1333 Weber Street East A 2020-013 544 Bridgeport Road A 2020-014 2121 Hidden Valley Crescent A 2020-015-018 28 Burgetz Avenue Applications for Consent: B 2020-005 826 Frederick Street B 2020-006 826 Frederick Street B 2020-007-009 28 Burgetz Avenue Young St & 55 Duke St W 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 *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority.