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Home My WebLink AboutDSD-20-081 - A 2020-029 - 293 King St E REPORT TO: Committee of Adjustment DATE OF MEETING: August 18, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Tim Seyler, Planner 519-741-2200 ext. 7860 WARD: 9 DATE OF REPORT: August 5, 2020 REPORT #: DSD-20-081 SUBJECT: A2020-029 293 King Street East Applicant Steve Burrows, Facet Design Studio on Behalf of Elev8 Properties Inc. Recommendation: Approval Location Map: 293 King Street East REPORT Planning Comments: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The subject property located at 293 King Street East is zoned East Market Zone (D-2) in the Zoning By- law 85-1 and designated Market District in the Urban Growth Centre (Downtown) Secondary Plan in the The applicant is proposing to build a 3 storey, 8 unit residential building with 1 commercial unit on the ground floor. The proposed development cannot meet the requirements of Section 14A.3 of the Zoning By-law. The applicant is requesting relief to permit a maximum Floor Space Ratio (FSR) of 2.1 rather than the maximum 2.0 FSR permitted. Further relief is requested from Section 6.1.2 c) of the Zoning By-law to permit 0 parking spaces for a mixed use development whereas the bylaw requires 1 parking space for an 8 unit multiple dwelling with 2 a rate of 0.165 spaces per unit for unit floor areas not exceeding 51.0 m and 2 parking spaces for a 2 commercial space at a rate of 1 space per 40m. City Planning staff conducted a site inspection of the property on May 1, 2020. 293 King Street East (Front view) 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. General Intent of Official Plan 1. The subject property is designated Market District in the Urban Growth Centre (Downtown) . The intent of this designation is to permit a broad range of mixed uses including residential, commercial and office uses, that are at an appropriate scale. The development aligns with the policies as there will be commercial space on the ground floor with residential units above. The site is currently vacant as the former building was demolished approximately 20 years ago due to a fire on the property. The redevelopment of the site is highly encouraged, and the development will fit into the existing neighbourhood. The requested variance to allow an increased FSR of 2.1 is appropriate as the maximum Floor Space Ratio (FSR) in the Market District Secondary Plan for all new development and/or redevelopment is 3.0. Furthermore, the reduction of parking to 0 required spaces is appropriate as the Official Plan encourages alternatives to vehicular transportation, and a pedestrian-oriented environment. Staff is in support of the application, as it is compatible with the established neighbourhood. It is the opinion of staff that both the requested variances meets the general intent of the Official Plan. General Intent of Zoning By-law 2. The Subject lands are currently zoned D-2 in by-law 85-1. The current D-2 zoning permits a maximum FSR of 2.0. The intent of the maximum FSR is to ensure the mass of the building is appropriate to the site. The small increase to an FSR of 2.1 is appropriate for the site and in context with the neighbourhood. It is the direction of the new 2019-051 Zoning By-law (under appeal) to follow the Official Plan and permit a maximum FSR of 3.0. The 2019-051 zoning by law is currently under appeal, however it is the opinion of staff that the proposed development will conform to the new Zoning By-law once in effect. The reduction to permit 0 parking spaces for a mixed use development whereas the bylaw requires 1 parking space for an 8 unit multiple dwelling with a rate of 0.165 spaces per unit for unit floor 2 areas not exceeding 51.0 m and 2 parking spaces for a commercial space at a rate of 1 space 2 per 40m, is supported by staff. The location of the development encourages a wide variety of alternate transportation options, such as transit, bicycling and walking. The proximity to transit, specifically to an LRT station, encourages residents to not require a vehicle. Transportation services is also supportive of the reduction in parking spaces and finds the reduction in spaces sufficient for the development. Furthermore, the development is providing full indoor secured parking for each of the dwelling units. It is the opinion of staff that both the requested variances meets the general intent of both the current Zoning By-law 85-1 and the new Zoning By-law 2019-051 (under appeal). Application is Minor 3. The proposed increase in FSR to 2.1 as well as the reduction to 0 parking spaces required is not anticipated to impact the existing neighbourhood as it will continue to provide for a compatible built form and density within the Market District. Staff supports the infill development and are of the opinion that the requested variances are minor. Application in Appropriate 4. The variances are appropriate for the development and use of the land. Staff is of the opinion that the requested variances are appropriate for the surrounding neighbourhood and the proposed development will not negatively impact the adjacent properties. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined below in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Based on the secured bicycle parking, existing transit options, future minimum parking requirements of zero within the urban growth centre and coupled with the Parking Justification Study submitted by Paradigm Transportation Solutions Ltd. (February 2020), Transportation Services can support the proposed variances. Environmental Comments: Environmental Planning has no concerns with this application. Heritage Comments: Heritage Planning has no concerns with this application. RECOMMENDATION That minor variance application A2020-029 requesting permission to build a 3 storey, 8 unit residential building with 1 unit on the ground floor have a floor space ratio of 2.1 rather than the maximum required of 2.0, and to provide 0 parking spaces for a mixed use development rather than the required 1 parking space for an 8 unit multiple dwelling with a rate of 0.165 spaces per unit for unit floor areas not exceeding 51.0m2 and 2 parking spaces for a commercial space at a rate of 1 space per, be approved. Tim Seyler, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner April 17, 2020 Juliane von Westerholt City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 1) VAR KIT, ELEV08 Properties Kitchener, ON N2G 4G7 8) 56 BLEAMS, FREEDON IN CHRIST PENTECOSTAL CHURCH Dear Ms. Westerholt: Re: Committee of Adjustment Applications April 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-029 293 King Street East No Concerns. 2) A 2020-030 366 Rivertrail Avenue No Concerns. 3) A 2020-031 10 Martin Street No Concerns. 4) A 2020-032 201 Featherstone Crescent No Concerns. 5) A 2020-033 210 Rivertrail Avenue No Concerns. 6) A 2020-034 25 Shanley Street No Concerns. 7) A 2020-035 371 Biehn Drive No Concerns. 8) A 2020-036 1643 Bleams Road No Concerns. 9) A 2020-037 886 Strasburg Road No Concerns. 10) A 2020-038 121 Grand Flats Trail No Concerns. 11) A 2020-039 52 Helena Feasby Street No Concerns. 12) A 2020-040 251 Margaret Avenue No Concerns. 13) A 2020-041 56 Wilhelm Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЋАЊААЉ tğŭĻ Њ ƚŅ Ћ 14) A 2020-042 948 Chapel Hill Court No Concerns. 15) A 2020-043 285 Connaught Street No Concerns. 16) A 2020-044 50 West 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 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 April 23, 2020 Via email Holly Dyson, Administrative Clerk Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: Plan Review Report Applications for Minor Variance: A2020-029 293 King Street East A2020-030 366 Rivertrail Avenue A2020-031 10 Martin Street A2020-032 201 Featherstone Crescent A2020-033 210 Rivertrail Avenue A2020-034 25 Shanley Street A2020-035 371 Biehn Drive A2020-036 1643 Bleams Road A2020-037 886 Strasburg Road A2020-038 121 Grand Flats Trail A2020-039 52 Helena Feasby Street A2020-040 251 Margaret Avenue A2020-041 56 Wilhelm Street A2020-042 948 Chapel Hill Court A2020-043 285 Connaught Street CC2020-001 75 Tillsley Drive Applications for Consent: B2020-020 948 Chapel Hill Court B2020-021 944 Chapel Hill Court B2020-024 124 Walker Street B2020-025 285 Connaught 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 Page 1 of 2 fees will not be required. If you have any questions, or require additional information, please contact Chris Foster-Pengelly, Resource Planner at 519-621-2763 ext. 2319 or cfosterpengelly@grandriver.ca. Sincerely, Melissa Larion, MCIP, RPP Supervisor of Resource Planning Grand River Conservation Authority Page 2 of 2 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.