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HomeMy WebLinkAboutDSD-2021-12 - A 2021-010 - 51 David StREPORT TO:Committee of Adjustment DATE OF MEETING:March 13, 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Bateman, Brian,Senior Planner, 519-741-2200 ext. 7869 WARD(S) INVOLVED:Ward 9 DATE OF REPORT:March 3, 2021 REPORT NO.:DSD-2021-12 SUBJECT:Minor Variance Application A2021-010 51 David Street Owner – 51 David Limited Partnership, Vive Development Corp. Applicant – P. Chauvin, MHBC RECOMMENDATION: That application A2021-010for 51 David Streetrequesting to add Private Club and Lodge as a permitted use andfurther, to seek relief fromSection 6.1.2 c) of By-law 85-1 to permit 0 parking spaces rather than the requiredone space per 30square metres of floor areaberefused. ReportHighlights: 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 of land measures 0.097 ha in area and is the last remaining parcel to be developed along this section of David Street. Surrounding land uses include open space (Victoria Park) to the west and medium to high density multiple residential to the north, south and east. The subject property is designated Mixed Use in the Urban Growth Centre, zoned High Intensity Mixed Use (MU- 3) with Site Specific Use Provision (397U) and Special Regulation Provision (507R) of By-law 85-1. The owner is proposing to re-develop the property with a six-storey step-backed condominium apartment building as illustrated below. Site plan approval has been granted and the owner is seeking a building permitto commence construction in Q1 2021.The applicant wishes to establish a ‘flex’ space in the basement that will be offered to the publicthrough a membership. The applicant is requesting a minor variance to establish a use of Private Club and Lodge to be located in the basement of the building and isseekinga parking variance for that use and requesting0 spaces instead of1 space per 30 square metresas requiredby theby-lawfor the private club and lodge use. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Approved Building – 51 David St. Photo of Subject Site under Construction February 24, 2021 Background: Planning Comments: Section 45(1) of the Planning Act provides the Committee of Adjustment power to grant minor variances from the provisions of Zoning By-aw or Interim Control By-law, in respect of land, building or structure or the use thereof, subject to the satisfaction of the ‘four tests’. The four tests are: 1.whether the variance maintains the intent of the Official Plan, 2.whether the variance maintains the intent of the Zoning By-law, 3.whether the variance is desirable for the appropriate development and use of the land, and 4.whether the variance is minor. 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. Is the general intent of theOfficial Plan maintained? The Official Plan indicates that the subject lands are designated ‘Mixed Use Corridor’ with aSpecial Policy. 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. A site-specific policy referenced in policy 15.D.2.66placeslimitationsregardingthe development and use of lands along David Street. It notes that notwithstanding the Mixed-Useland use designation, the redevelopment of lands to a depth of 30 metres from the David Street line will be limited in height.Furthermore, commercial uses will be permitted only on the easterly half of the block bounded by Joseph Street, Queen Street South, Courtland Avenue and David Street.The intent of 15.D.2.66 is to restrict commercial activity along David Street. Staff acknowledges the owner’s desireto activate the basement space and staff doesnot see an issue in programming it as such, providedit is used bytheownersand guestsof the condo. However, it is staff’s understanding the owner intendstohave the space used bythe publicat large - by offering a membershipto a private club - and hence the commercialization of the space. The policystatesthatcommercial activities are only permitted on the east side of the blockexcluding these lands.As such, it is staff’s opinion the general intent f the Official Plan is not being maintained. 2. Does the variance maintain the general intent and purpose of the Zoning By-law? A use requested through minor variance can becontemplatedwhentheuse in question is neither permitted nor prohibited in the zoning andcan be consideredcomplimentary and/or similar to other permitted uses. That is not the casehere. The intent of the zoning by-law and specifically 379U is to prohibit usessuch as personal services, restaurant, private club and lodge and a host of other commercial and retail activitiesaffecting this property. The applicant’s request to remove private club and lodge from the list of prohibited uses and then add it as a permitted use would therefore not meet thegeneral intent of the zoning by-law as the use isclearly prohibitedin 379U. 3. and 4. Is the Variance minor and is it appropriate for the use of land? In the opinion of staff, a variance to add private club and lodgetogether with the parking variance related to the use in question,is not minor and not appropriate for the use of land since Site Specific Regulation 379Uclearlyprohibits the use. Should the Committee wish to approve the applicant’s request, then staff would ask for the following conditionsof approval: 1.That the owner obtainssite plan approval for the flex space in the basement to the satisfaction of the Director of Planning by June 1, 2021. 2.That the owner receives a building permit for the flex space. 3.That the owner obtains an Occupancy Permit. 4.That the owner addressesthe additional parking demand through an update to the TDM plan to the satisfaction of the Director of Transportation Planning. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the “flex space” is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Transportation Services can support a proposed reduced rate of parking for the proposed private club or lodge space given the proximity to transit, active transportation connections and available paid parking options in the immediate area of the property. However, Transportation Services would require a condition of approval to ensure that there is available bicycle parking available to the employees and users of the proposed ‘flex’ space. Engineering Comments: No comments. Heritage Comments: The property municipally addressed as 51 David Street is located within the Victoria Park Area Heritage Conservation District and designated under Part V of the Ontario Heritage Act. A Site Plan to permit a 6-storey, stepped-back apartment building has been approved. The proposed variances are seeking to permit a private commercial space and request relief for a reduction in parking. Given that no changes to the building footprint or exterior of the building are proposed, there are no cultural heritage planning issues or concerns with the proposed minor variance application. Environmental Planning Comments: Nocomments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The recommendation has no impact on the Capital Budget or 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 was also placed in The Record. In addition, notice of the application was mailed to all property owners within 30 metres of the subject property. A notice sign 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. PREVIOUS REPORTS/AUTHORITIES: Section 45, Planning Act, R.S.O. 1990, c. P.13 ATTACHMENT: None February23, 2021 Holly Dyson City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118(1)VAR KIT, MADISON AVE DEV CORP Kitchener, ONN2G 4G7 51 & 53 DAVID STREET (13)08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re:Committee of Adjustment Applications Meeting March16,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1)A2021-01051 David StreetNo Concerns. 2)A2021-01155 Franklin StreetSouthNo Concerns. 3)A2021-01239 Crosby DriveNo Concerns. 4)A2021-0132 Crosswinds DriveNo Concerns. 5)A 2021-014247 LydiaStreet No Concerns. 6)A 2021-01511 Ian Ormston DriveNo Concerns. 7)A 2021-016241 Simeon StreetNo Concerns. 8)A 2021-01790 Duchess AvenueNo Concerns. 9)A 2021-018130 Samuel StreetNo Concerns. 10)A 2021-01930 Waterbow TrailNo Concerns. 11)A 2021-02025 Margaret AvenueNo Concerns. 12)A 2021-021331 Driftwood DriveNo Concerns. 13)A 2021-0224278 King Street EastNo Concerns. 14)A 2021-0231430 HighlandRoad WestNo Concerns. 15)A 2021-024172 Windale Crescent (Retained)No Concerns. Document Number: 35739631 Docs #3573963 16)A 2021-025172 Windale Crescent (Severed)No Concerns. Please be advised that any development on the lands subject to the Applications noted above aresubject 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 developmentsprior to the issuance of a building permit. The comments contained in this letter pertain to the Application numberslistedabove. 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: 35739632 Docs #3573963 March 4, 2021 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:March 15,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-01051David StreetA2021-018130Samuel Street A 2021-01155Franklin Street SouthA2021-01930Waterbow Trail A 2021-01239Crosby DriveA2021-02025Margaret Avenue A 2021-0132Crosswinds DriveA2021-021331Driftwood Drive A2021-014247Lydia StreetA2021-0224278King Street East A2021-01511IanOrmston DriveA2021-0231430Highland Road West A2021-016241Simeon StreetA2021-024172WindaleCrescent A2021-01790Duchess AvenueA2021-025172WindaleCrescent Applications for Consent B 2021-009104Fifth Avenue B 2021-01054Third Avenue B 2021-012140-142 Weichel Street B 2021-013146-148 Weichel Street B2021-014172WindaleCrescent 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 aherreman@grandriver.ca. 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 and mandate of Page 1of 1 the Grand River Conservation Authority.