HomeMy WebLinkAboutDSD-2021-14 - A 2021-011 - 55 Franklin St SI
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REPORT TO: Committee of Adjustment
DATE OF MEETING: March 16, 2021
SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157
PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: March 8, 2021
REPORT NO.: DSD -2021-14
SUBJECT: A2021-011 — 55 Franklin Street South
Owner: 55 Franklin GP Inc.
Approve Subject to Conditions
RECOMMENDATION:
1) That Minor Variance Application A2021-011, for 55 Franklin Street South,
requesting the following relief from By-law 2019-051, in order to facilitate
redevelopment of the property with mixed use development:
a) Requesting relief from Section 9.3 to allow an interior side yard setback
abutting a residential zone of 2.9m, whereas a minimum of 7.5m is
required,
b) Requesting relief from Section 9.3 to allow a rear yard setback of 3.0m,
whereas a minimum of 7.5m is required (note this is the setback from
Eighth Ave),
c) Requesting relief from Section 5.6 to provide 155 on-site parking spaces,
whereas a minimum of 293 spaces is required, for all development
phases,
d) Requesting relief from Section 5.6 to provide 38 spaces, whereas a
minimum of 74 spaces is required, for the first development phase, and
e) Requesting relief from Sections 5.8a) and 5.8b) to provide 31 Electric
Vehicle -ready spaces, whereas 58 Electric Vehicle -ready spaces and 2
Electric Vehicle spaces are required,
be approved, subject to the following conditions:
1) That this variance approval shall apply only to development approved
through Site Plan Application SP20/075/F/AP, to the satisfaction of the
City's Manager of Site Development and Customer Service,
2) That the parking spaces for Variances c), d) and e) shall be shared
between the residential uses and the non-residential uses, to the
satisfaction of Transportation Services, and
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3) That the owner shall enter into an agreement with the City of Kitchener,
to be registered on title, to the satisfaction of the City Solicitor and
Director of Transportation Services, that includes the following:
a. That vehicle parking spaces will be rented to residents separately
from dwelling units, and
b. That there will be a total of 132 secured, long-term bicycle spaces
provided on-site to be shared between the residential and
commercial uses/units.
REPORT HIGHLIGHTS:
• The purpose of this report is to recommend conditional approval of minor variances to
facilitate redevelopment of the subject lands with mixed use development, including
affordable housing.
• This report supports the delivery of core services.
• There are no financial implications to the City.
• This report supports the delivery of core services.
BACKGROUND:
This report is being brought forward in order to facilitate redevelopment proposed through
Site Plan Application SP20/075/F/AP.
Figure 1. Aerial Photo of Subject Property, in Context
Figure 2. View of subject property from Franklin Street South
REPORT:
The subject property is located between Eighth Avenue and Franklin Street South, south of
Kingsway Drive, in the Vanier Planning Community. The property contains a vacant
commercial / industrial building. The neighoubrhood contains a diverse mix of uses. A 9 -
storey apartment building is located immediately to the south and a multi -tenant commercial
building is located to the north. Dare Foods operates a manufacturing facility on the opposite
side of Eighth Avenue. Low density residential uses are located on the opposite side of
Franklin Street. The property is designated Commercial (within an Urban Corridor) in the
Official Plan and zoned COM -2 in By-law 2019-051 (the property is no longer subject to By-
law 85-1). City Planning staff conducted a site inspection of the property on February 26,
2021.
Through Site Plan Application SP20/075/F/AP, submitted in December 2020, the owner is
proposing to demolish the existing building and construct four 6 -storey mixed use buildings,
each containing 318 square metres of ground floor commercial space and 64 affordable
dwelling units, for a total of 1,272 square metres of commercial space and 256 affordable
dwelling units. An amenity area and a parking structure are proposed to be located internal
to the site. Parking would be accommodated via a mix of surface parking and structured
parking (see proposed Site Plan drawing, attached).
The applicant is requesting the following relief from By-law 2019-051, in order to facilitate
the aforementioned development:
a) Requesting relief from Section 9.3 to allow an interior side yard setback abutting a
residential zone of 2.9m, whereas a minimum of 7.5m is required (note this is the
south side yard setback, adjacent to the existing apartment building),
b) Requesting relief from Section 9.3 to allow a rear yard setback of 3.0m, whereas a
minimum of 7.5m is required (note this is the setback from Eighth Ave),
c) Requesting relief from Section 5.6 to provide 155 on-site parking spaces, whereas a
minimum of 293 spaces is required, for all development phases,
d) Requesting relief from Section 5.6 to provide 38 spaces, whereas a minimum of 74
spaces is required, for the first development phase, and
e) Requesting relief from Sections 5.8a) and 5.8b) to provide 31 Electric Vehicle -ready
spaces, whereas 58 Electric Vehicle -ready spaces and 2 Electric Vehicle spaces are
required.
To clarify the above parking variances, parking requirements for the proposed development
are calculated as follows (By-law 2019-051):
• Variance c) (all development phases):
o Parking for multiple dwellings: 1.0 spaces x 256 units = 256 spaces
o Multi -unit (non-residential) parking: 1,272 m2 / 35 = 36.3 (37) spaces
o Total parking required: 256 + 37 = 293 spaces
• Variance d) (first development phase only):
o Parking for multiple dwellings: 1.0 spaces x 64 units = 64 spaces
o Multi -unit (non-residential uses): 318 m2 / 35 = 9.08 (10) spaces
o Total parking required: 64 + 10 = 74 spaces
• Variance d) (all development phases):
o Required EV -ready spaces:
■ EV -ready spaces for multiple dwellings [s. 5.8a)]: 256 multiple dwelling
parking spaces x 20% = 51.2 (52) EV -ready spaces
■ EV -ready spaces for non-residential uses (not located in a building) [s.
5.8b)]: 1,272 sq.m. of non-residential space requires 37 parking spaces
[1,272 m2 / 35 (multi -unit rate) = 36.3, therefore, 37]. 37 x 15% = 5.5
(6) EV -ready spaces
■ Total EV -ready parking required: 52 + 6 = 58 EV -ready spaces
o EV spaces for non-residential uses (not located in a building) [s. 5.8b)]: 37 x
5% = 1.85 (2) EV spaces
General Intent and Purpose of Official Plan Test
A number of Official Plan policies are applicable to the requested variances, for example:
Section 4. C.1.8.
Where a special zoning regulation(s) or minor variance(s) is/are requested, proposed
or required to facilitate residential intensification or a redevelopment of lands, the
overall impact of the special zoning regulation(s) or minor variance(s) will be
reviewed, but not limited to the following to ensure, that:
a) Any new buildings and any additions and/or modifications to existing buildings
are appropriate in massing and scale and are compatible with the built form
and the community character of the established neighbourhood.
b) Where front yard setback reductions are proposed for new buildings in
established neighbourhoods, the requested front yard setback should be
similar to adjacent properties and supports and maintain the character of the
streetscape and the neighbourhood.
c) New additions and modifications to existing buildings are to be directed to the
rear yard and are to be discouraged in the front yard and side yard abutting a
street, except where it can be demonstrated that the addition and/or
modification is compatible in scale, massing, design and character of adjacent
properties and is in keeping with the character of the streetscape
d) New buildings, additions, modifications and conversions are sensitive to the
exterior areas of adjacent properties and that the appropriate screening and/or
buffering is provided to mitigate any adverse impacts, particularly with respect
to privacy.
e) The lands can function appropriately and not create unacceptable adverse
impacts for adjacent properties by providing both an appropriate number of
parking spaces and an appropriate landscaped/amenity area on the site
f) The impact of each special zoning regulation or variance will be reviewed prior
to formulating a recommendation to ensure that a deficiency in the one zoning
requirement does not compromise the site in achieving objectives of
compatible and appropriate site and neighbourhood design and does not
create further zoning deficiencies.
Section 4. C.1.13.
The City will work with the development industry and other community members to
identify and encourage innovative housing types and designs in the city where such
innovation would:
a) be compatible with surrounding land uses;
b) support the development of complete communities;
c) provide live/work and home occupation opportunities;
d) incorporate energy conservation features and the use of alternative energy
systems and/or renewable energy systems;
e) reduce municipal expenditures;
f) protect natural heritage features;
g) provide accessible and affordable housing to residents;
h) conserve and/or enhance our cultural heritage resources;
i) celebrate the cultural diversity of the community;
j) be transit -supportive and/or transit -oriented; or,
k) reflect, add and/or enhance architectural interest and character.
Section 4. C.1.19.
The City will encourage and support affordable housing to locate in close proximity
to public transit, commercial uses and other compatible non-residential land uses,
parks and community facilities and have convenient access to community, social and
health services.
With respect to the Official Plan, Planning staff is of the opinion that the proposed buildings
are appropriate in massing and scale and are compatible with the built form and the
community character of the established neighbourhood. The proposed buildings are
sensitive to the exterior areas of adjacent properties and fencing is proposed to be provided
along the full length of the southerly side lot line (adjacent to the existing apartment building).
The proposed reduced minimum rear yard is appropriate since it faces Eighth Avenue and
functions as a second front yard, rather than a rear yard, thereby establishing an improved
interface with the street.
Transportation Services confirms that an appropriate number of parking spaces are
proposed for this proposal. Additionally, an appropriate landscaped/amenity area is
proposed on the site.
The proposed variances will facilitate innovative housing that is compatible with surrounding
land uses, noting that the proposed development would act as a transition between low
density residential land uses on the opposite side of Franklin Street and the Dare Foods
manufacturing facility. The proposal supports the development of complete communities by
providing a mix of uses within the same building, affordable housing, and the opportunity for
residents to work on the commercial ground floors of the proposed buildings. In addition,
the proposed variances would facilitate transit supportive development in close proximity to
the Route 7 and Route 28 GRT routes (both routes connect to Fairway ION Station). The
property is also close to Kingsdale Community Centre. Accordingly, Planning staff is of the
opinion that the variances meet the general intent and purpose of the Official Plan.
General Intent and Purpose of Zoning By-law Test
The general intent and purpose of the setback regulations is to ensure adequate privacy
and buffering between land uses and to ensure an appropriate streetscape is established /
maintained. In this case, the proposed reduced setback to the adjacent multiple residential
use meets the intent of the by-law because a fence is proposed between the properties.
Also, impacts are reduced because the proposed buildings are oriented such that the short
widths of the building face the short width of the adjacent building (minimal overlook
impacts).
The streetscape on Eighth Avenue would benefit from the variance by moving the proposed
buildings closer to the street, thereby creating a pedestrian oriented look and feel.
The general intent and purpose of the parking regulations is to ensure a sufficient amount
of parking is maintained on site (both regular parking spaces and EV spaces). In this case,
Transportation Services is satisfied with the parking justification study that was provided and
is in support of the parking variances. Planning staff is of the opinion that the variances will
meet the general intent and purpose of the Zoning By-law.
P°Minnr" Tact
The variances are minor in that they will not create unacceptably adverse impacts on
adjacent uses or lands. The variances will facilitate development that is compatible with
adjacent residential and commercial land uses. Planning staff is of the opinion that the
variances are minor.
Desirability for Appropriate Development of the Land Test
The variances would facilitate development that is consistent with the goals and objectives
of the City by allowing the currently vacant commercial / industrial property to be
redeveloped with mixed use buildings that contain both affordable housing units and ground
floor commercial uses, in an appropriate location. Planning staff is of the opinion that the
variances are desirable for the appropriate development of the land.
For the abovementioned reasons, Planning staff is of the opinion that the variance requests
are justified, subject to the conditions outlined in the Recommendation section of this report.
Building Division Comments:
The Building Division has no objections to the proposed variances provided building permits
for the apartment buildings are obtained prior to construction. Please contact the Building
Division at building@kitchener.ca with any questions.
Transportation Services Comments:
The Parking Study & Transportation Demand Management Plan submitted by Paradigm
Transportation Solutions, dated October 2020 has demonstrated that through typical
affordable housing parking needs, existing transit connectivity in close proximity to the site,
shared surface parking and TDM measures provided, the proposed reduction in parking is
appropriate for the proposal.
Transportation Services can support the proposed reduction in parking for the application,
subject to the following conditions:
• That the owner of the property enter into an agreement with the City of Kitchener to
be registered on title that acknowledges the following:
o That vehicle parking spaces will be rented to residents separately from
dwelling units (noted on page 28 of Paradigm's report);
o That there will be a total of 132 secured, long-term bicycle spaces provided
on-site.
Engineering Services Comments:
Engineering has no comments.
Environmental Planning Comments:
The City's Tree Management Policy will be addressed through the Site Plan Application.
Heritage Planning Comments:
No Heritage Planning concerns.
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:
0 Section 45, Planning Act, R. S. O. 1990, c. P.13
ATTACHMENT:
Attachment A — Proposed Site Plan Drawing submitted with Application Form (not
yet approved)
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February 23, 2021
Holly Dyson
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) VAR KIT, MADISON AVE DEV CORP
Kitchener, ON N2G 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 March 16, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following updated comments:
1) A 2021-010
— 51 David Street — No Concerns.
2) A 2021-011
— 55 Franklin Street South — No Concerns.
3) A 2021-012
— 39 Crosby Drive — No Concerns.
4) A 2021-013
— 2 Crosswinds Drive — No Concerns.
5) A 2021-014
— 247 Lydia Street — No Concerns.
6) A 2021-015
— 11 Ian Ormston Drive — No Concerns.
7) A 2021-016
— 241 Simeon Street — No Concerns.
8) A 2021-017
— 90 Duchess Avenue — No Concerns.
9) A 2021-018
— 130 Samuel Street — No Concerns.
10) A 2021-019
— 30 Waterbow Trail — No Concerns.
11) A 2021-020
— 25 Margaret Avenue — No Concerns.
12) A 2021-021
— 331 Driftwood Drive — No Concerns.
13) A 2021-022
— 4278 King Street East — No Concerns.
14) A 2021-023
— 1430 Highland Road West — No Concerns.
15) A 2021-024
— 172 Windale Crescent (Retained) — No Concerns.
Document Number: 3573963 1
Docs #3573963
16) A 2021-025 — 172 Windale Crescent (Severed) — 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: 3573963 2
Docs #3573963
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March 4, 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
Legislated Services, City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Dyson,
Re: March 15, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-010
51 David Street
A 2021-011
55 Franklin Street South
A 2021-012
39 Crosby Drive
A 2021-013
2 Crosswinds Drive
A 2021-014
247 Lydia Street
A 2021-015
11 Ian Ormston Drive
A 2021-016
241 Simeon Street
A 2021-017
90 Duchess Avenue
Applications for Consent
B 2021-009
104 Fifth Avenue
B 2021-010
54 Third Avenue
B 2021-012
140-142 Weichel Street
B 2021-013
146-148 Weichel Street
B 2021-014
172 Windale Crescent
Via email only
A 2021-018
130 Samuel Street
A 2021-019
30 Waterbow Trail
A 2021-020
25 Margaret Avenue
A 2021-021
331 Driftwood Drive
A 2021-022
4278 King Street East
A 2021-023
1430 Highland Road West
A 2021-024
172 Windale Crescent
A 2021-025
172 Windale Crescent
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(a�_grand river. 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 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