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Home My WebLink AboutDSD-2021-013 - A 2021-003 - 45 Duke St WStaff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: January 11, 2021 REPORT NO.: DSD -21-013 SUBJECT: Minor Variance Application A2021-003 45 Duke Street West Owner - Aldo Di Battista (536357 Ontario Ltd.) Applicant — MHBC Planning RECOMMENDATION: 1. That application A2021-003 for 45 Duke Street West requesting relief from: Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures); Requesting relief from Section 14.3 (Fagade Openings) of the Zoning By-law to permit 20% ground floor fagade openings, whereas a minimum of 50% of ground floor fagade openings are required; and, Requesting relief from Section 14.3 (Maximum Floor Space Ratio, including bonusing) of the Zoning By-law to permit an FSR of 10.35, whereas the maximum permitted FSR with bonusing is 10.0 be approved subject to the following conditions: That the owner enters into an agreement with the City to be registered on title that acknowledges that parking will be rented/provided separately from the dwelling units. That bicycle parking be provided on-site for a total of 44 `Type A' secured spaces. REPORT HIGHLIGHTS: The application is requesting relief from: • Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures); • Requesting relief from Section 14.3 (Fagade Openings) of the Zoning By-law to permit 20% *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. ground floor fagade openings, whereas a minimum of 50% of ground floor fagade openings are required; and, • Requesting relief from Section 14.3 (Maximum Floor Space Ratio, including bonusing) of the Zoning By-law to permit an FSR of 10.35, whereas the maximum permitted FSR with bonusing is 10.0 these variances are being sought to permit the site to be redeveloped with a 21 storey multiple residential tower containing 137 units. In doing so, the existing repurposed former residential building containing a pub will be demolished. Location M No Fi Lands 45 Duke Street West BACKGROUND: :�f 1 - tl�41�j The property is designated as City Centre District in the City's Official Plan and identified as being within the Urban Growth Centre on the City's Urban Structure Map. The property is zoned as Retail Core Zone (D-1) in Zoning By-law 85-1. REPORT: 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: General Intent of the Official Plan The subject lands are designated City Centre District in the Official Plan. The lands within the City Centre District are intended for intensification and are planned to accommodate a major share of the City's and Region's future population and employment growth. The redevelopment of the subject lands for a more intensive use of the lands in the form of a multiple dwelling containing 137 units within a 21 storey building helps to achieve this OP objective. This development, through its intensification of the site, will also support transit usage as this is located at City Hall transit stop. It is therefore staff's opinion that the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The subject lands are currently zoned Retail Core Zone (D-1) in By-law 85-1. The lands are not currently zoned within By-law 2019-051 as the downtown zones have not yet been applied within the Urban Growth Centre. The applicant has requested the following variances from regulations that apply to lands within a D-1 zone: • Requesting relief from Section 14.3 (Fagade Openings) of the Zoning By-law to permit 20% ground floor fagade openings, whereas a minimum of 50% of ground floor fagade openings are required; and, • Requesting relief from Section 14.3 (Maximum Floor Space Ratio, including bonusing) of the Zoning By-law to permit an FSR of 10.35, whereas the maximum permitted FSR with bonusing is 10.0 In addition, the applicant has requested relief form parking requirements as follows: Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures). Variance # 1 -Facade Openings The first variance is requesting a variance from Section 14.3 with respect to the size of the fagade openings. The applicant is seeking a reduction in the minimum required opening sizes from 50 % to approximately 20%. The intent of this regulation is to ensure that facades along prominent streets have sufficiently sized openings such as windows or man doors to avoid blank walls and to encourage eyes on the street as well as to animate the streetscape. The applicant has requested the reduction from 50% to 20 % for the frontage along Duke Street at the ground level. The subject lands are located on a narrow lot, which has necessitated that certain functional uses such as the entry way to the parking garage be located along Duke Street in order to provide vehicular access to ingress and egress the building. This regulation was applied to all of the D1 zone but was not further refined for less- prominent streets than King Street, such as Duke Street for instance. The interface along King Street, which is the main street in the core, does not encourage vehicular entrances from lining the building facades along the core streetscape. This streetscape differs from the interface along Duke Street somewhat, as Duke Street faces the LRT corridor. ( See image below) G G NORTH ELEVATION i ma SOLID AREA: 90.9 m2 (807.) GLAZED AREA: 22.5 m2 (20%) TOTAL GROUND FLOOR AREA: 113.4 m2 ® SOLID AREA MGLAZED AREA Also, the narrow lot, situated mid -block comprising the subject lands creates an additional challenge for the location of more "back of the house" uses such as parking garage doors. There are no other frontages from which the parking structure could be accessed from and therefore, the access has to come from Duke Street. This impacts the fagade along the ground floor and requires the reduction to the regulation to 20 % openings along the ground floor only. The site plan, which has received Approval- in -Principle on December 6t", 2019, shows the second storey of the podium with enough openings and/ or glazing to achieve the objective of not appearing like a blank wall, thus having little negative impact to the overall streetscape. The double height space above the lobby and recessed parking entrance brings the focus of the fagade to the animated glazing. A unique approach to loading access also allows for a multi -functional plaza in front of the building to emphasize the pedestrian realm. It is therefore, that staff supported the design of this building at the site plan stage conditional on the variances being approved. The entrance to the building will be completed with a passenger lay-by and drop off area. For these reasons, staff is of the opinion that the general intent of the Zoning by-law has been maintained. Variance #2- Increase in Floor Space Ratio The maximum Floor Space Ratio (FSR) within a D-1 zone is 2.0. Section 5.19 of the Zoning By-law 85- 1 permits bonusing up 4 times the lot area for the provision of residential units in the core and would be subject to a Section 37 agreement under the Planning Act. This would amount to a total FSR of 10. (the original 2.0 FSR plus the additional 4 X 2 (8) FSR for a total of 10 FSR. This would further have to be secured in a Section 37 Agreement. A Section 37 Agreement is a condition of the Site plan approval and will be required prior to final site plan and building permit issuance. The applicant has requested an additional FSR of 0.35, which results from the mechanical penthouse on the top storey. This is a very minor increase which has been supported throughout the site plan approval process and does not add any significant massing or negative impacts to the surrounding lands and is likely negligible from the public realm. For this reason, staff is of the opinion that the slight increase in FSR continues to meet the general intent of the zoning by-law. Variance #3 -Parking Reduction The applicant is seeking a third variance from Section 6.1.2 c) of the Zoning By-law to permit 12 vehicular parking spaces, whereas 71 spaces are required (after applying proposed TDM measures). In support of the application, the applicant completed a TDM checklist and incorporated appropriate TDM measures into the site design. The proposed multiple residential development would require a total of 88 vehicular parking spaces. The TDM measures provided as part of the proposed development include additional bicycle parking beyond the minimum requirements, as well as unbundled parking from the units. This means that alternative forms of transportation besides the automobile are encouraged through the provision of additional bicycle parking, the unbundling of the parking from the units, thus providing a choice for the consumer to purchase a parking space or not, can justify a further reduction in parking by 17 spaces, thus the minimumparking requirement for the proposed development is 71 spaces. The intent of this requirement is to ensure that there are sufficient parking spaces to support the proposed number of units and future residents of the development. The subject lands are located in the UGC and are right at a transit stop. In addition, although not yet applied to these lands, the new UGC zoning proposed for the downtown by By-law 2019-51, proposes parking regulations for with a minimum parking requirement of zero (0) spaces for a site such as this, which given its location along the LRT is considered appropriate. The proposed development will provide for a total of 12 vehicular parking spaces, with an additional 41 spaces to be provided in future phases of this development — for a total of 63 parking spaces at final build -out. As such, the proposed development will provide parking which exceeds the parking requirements for the contemplated UGC zone of zero spaces. In addition, a total of 45 bicycle parking spaces are proposed for this development, which greatly exceeds the minimum requirement of seven (7) bicycle parking spaces. The provision of bicycle parking spaces in excess of the minimum requirement is meant to compliment the transit -supportive location of the subject lands, which are also located within close proximity to a variety of public transportation options, including the ION LRT system, which will reduce future residents' dependence on personal vehicles. It is staff's opinion that the proposed development and the associated parking variance reduction proposed is transit -supportive and continues to meet the general intent of the zoning by-law. Is the Variance Minor? All three variances for fagade openings, parking reductions and increased floor space ratio are not anticipated to have any adverse impacts to the adjacent areas it is therefore that staff is of the opinion that all the variances are minor. Is the Variance Appropriate? Due to the site's location in the urban growth centre along the ION LRT route and the site's own size and mid -block locational constraints, as well as the minor nature of the three variance requests being sought, staff is of the opinion that the variances are appropriate for the orderly development of the subject lands. City Planning staff conducted a site inspection of the property on January 11, 2021. Subject property at 45 Duke Street West (adjacent to City Centre Phase 2 under construction) rte. View of subject property at 454 Duke Street facing east toward Ontario Street Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services can support the proposed reduction under the current zoning by-law (85-1) as the proposed site will be providing more parking than what will be required for this property under the new zoning by-law (2019-051), as well as several Transportation Demand Management (TDM) measures. Transportation Services can support the proposed parking reduction, subject to the following: 1. That the owner enters into an agreement with the City to be registered on title that acknowledges that parking will be rented/provided separately from the dwelling units. 2. That bicycle parking be provided on-site for a total of 44 `Type A' secured spaces. Heritage Comments: The subject property is adjacent to a protected heritage property designated under Part IV of the Ontario Heritage Act. A Heritage Impact Assessment was submitted as part of a complete Site Plan application for 45 Duke Street West and was approved by the Director of Planning in 2019. Heritage Planning staff has reviewed the proposed Minor Variance application seeking relief from parking requirements, fagade opening requirements, and FSR requirements and is of the opinion the attributes of the adjacent protected heritage property will not be impacted. In addition, the subject property is located within the Downtown Cultural Heritage Landscape. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by The Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory and was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. Based on the above, Heritage Planning staff has no issues or concerns with the proposed Minor Variance application. Engineering Comments: Engineering has no comments. Operations Comments: The site is located within the City of Kitchener Downtown Core Area and is currently exempt from parkland dedication. Environmental Planning Comments: No environmental planning concerns. Any requirements under the Tree Management Policy would have been addressed by the Urban Designer as part of the SPA. Region of Waterloo Comments: No concerns. GRCA Comments: No concerns STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. A Site Plan application has been filed for this property and has received Approval in Principle on December 6th of 2019 and has been attached below for easy reference . _;3 X11 crl w a m � ADJACENT PROPERTY l0ilEEETAJI COR ZONEl&1] R� _ o 11 (JrJ F I TI d. ria rd G rm �4lll chill}411.}}44 h.1}}ill}hh''.}44 &TLC —Trmim_ S Lf- T9M4� %IFOYR PAC LEVEL 4-21 _ E3 m r a I F ss. g fn ' � gymv w ':`d17i7^h' PROPERTY LHE 12.194n '" > I � vryi d L rn I � x _ C 3 3 3 9 7 m ,u rca . $- PRWJPA1 l RlAfik — I z A �L rY m '... — ENTRiNCE 6V N ROOM �- t �■ — 2p — ' carJellgsSIae Fri V J it _t ' E OF TOYJEE A®O4 ,IjI f3' < F,= # 7480 L F47 r IL' r � Tt iT �EYEIL'2 M ]SA¢' PR N EY rn pp 3 +9� A"J7S ASF] AFF -[:AC T " iLIcS�WAJ4 6 �JkN 'sA4RFi r..Fi ^—* Din m 3 DUKE ST 4'—,-- FIT 0 --- --- '� LTIPr2L 2J_IL � _ T rn � T Zl Z 'D .. u 3 � � � m er3uEL rn 0 rn m Cl3 EDGEOFAWMLT — — — — — — — --.— 2 b Q co ---- — — LRT TRACKS �, i-` m m o 7. maj ---— — — — — — — — — — — — — - --- T3- m m OONtRkTE s17E✓RNK D E : N � F v I � Region of Waterloo December 22, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel Street — 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 C (226) 753-0368 Document Number: 3504282 Page 1 of 1 January 8, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re: January 19, 2021 Committee of Adjustment Meeting Applications for Minor Variance A 2020-100 9-11 Samuel Street A 2021-001 630 Blair Creek Drive A 2021-002 10 South Creek Drive A 2021-003 45 Duke Street West Applications for Consent B 2021-001 57 Barbara Crescent B 2021-002 274 Shirley Avenue B 2021-003 124 Florence Avenue The above -noted consent 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 at 519-621-2763 ext. 2228 or aherremana_grand river. ca. Sincerely, Andrew Herreman, C15-1-1 Resource Planning Technician Grand River Conservation Authority `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1 of 1 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River