HomeMy WebLinkAboutDSD-2021-189 - A 2021-098 - 16-20 Queen St NStaff Report
De velo n7ent Services Dq,oartr7ent
REPORT TO: Committee of Adjustment
DATE OF MEETING: September 21, 2021
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www. kitchener ca
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Pinnell, Andrew, Senior Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: September 15, 2021
REPORT NO.: DSD -2021-189
SUBJECT: Minor Variance Application A2021-098
16-20 Queen Street North
Owner - 20 Queen St. GP Inc.
Applicant - GSP Group Inc.
RECOMMENDATION:
That Minor Variance Application A2021-098 for 16-20 Queen Street North, requesting:
1. Relief from Section 14.3 to allow a minimum yard abutting a lane of 0 metres for the
existing portions of the ground floor, rather than 1.0 metres,
2. Relief from Section 14.3 to allow minimum fagade openings of 20 percent of the area
of the ground floor fagade as display windows or entrances to the building, and allow
no maximum horizontal distance between display windows or entrances, rather than
minimum fagade openings of 50 percent and maximum distance between fagade
openings of 4.0 metres,
3. Relief from Section 6.1.2c) to allow 0 parking spaces for multiple dwellings (0 spaces
per unit), rather than 184 spaces (1.0 space per unit for units greater than 51.0 Square
metres; 0.165 spaces per unit for units not exceeding 51.0 square metres), and
4. Relief from Section 6.1.2c) to allow 0 parking spaces for a community centre or
conference and convention facility, rather than 11 spaces (1 space per 23.0 square
metres for community centre; 1 space per 40.0 square metres for conference and
convention facility requires),
be approved subject to the following conditions:
A. That this approval shall apply only to the development proposed through Site Plan
Application SP21/040/Q/AP.
B. 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, requiring the following:
i. That a total of 244 on-site bicycle parking spaces shall be provided, to the
satisfaction of Transportation Services staff, including: 236 indoor, secured,
long-term bicycle parking spaces for residents, and 8 short-term bicycle
spaces to be utilized by visitors and users of the community amenity space.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
REPORT HIGHLIGHTS:
The following variances are requested by the applicant to facilitate a Site Plan Application which
proposes to retain the front fagade and side returns of the existing building, demolish the balance of
the building, and construct a 34 -storey tower in its place. The tower would contain 236 residential
units, a residential lobby facing Queen Street, and a 261.6 square metre ground floor community
amenity area that is accessible to the general public (as part of the City's bonusing program in Zoning
By-law 85-1):
1. Relief from Section 14.3 to allow a minimum yard abutting a lane of 0 metres for the existing
portions of the ground floor, rather than 1.0 metres,
2. Relief from Section 14.3 to allow minimum fagade openings of 20 percent of the area of the
ground floor fagade as display windows or entrances to the building, and allow no maximum
horizontal distance between display windows or entrances, rather than minimum fagade
openings of 50 percent and maximum distance between fagade openings of 4.0 metres,
3. Relief from Section 6.1.2c) to allow 0 parking spaces for multiple dwellings, rather than 184
spaces, and
4. Relief from Section 6.1.2c) to allow 0 parking spaces for a community centre or conference
and convention facility, rather than 11 spaces.
Location Map (subject property is outlined in white)
BACKGROUND:
The subject property is located on the northwest side of Queen Street North, between Duke Street
and King Street, within downtown Kitchener. The property also has frontage on Goudies Lane. The
surrounding lands contain a wide range of land uses, including, for example: high-density residential,
office / commercial, institutional, and parking. The subject property and surrounding area are
designated as City Centre District on the Urban Growth Centre (Downtown) map and Urban
Structure Map of the Official Plan. The property is zoned Retail Core Zone (D-1), with Special
Regulation Provisions 95R and 98R, within Zoning By-law 85-1. Planning staff visited the property
on September 3, 2021.
Photo of Subject Property Taken From Queen Street North
REPORT:
Planning Comments:
The existing building on the property was constructed in 1916 and was the fourth headquarters of
Economical Mutual Fire Insurance of Berlin (a year later changed to Kitchener after WWI). The
building was designed by Architect W.H.E. Schmalz.
The present owners of the property have submitted a Site Plan Application (Application number
SP21/040/Q/AP) which proposes to retain the front fagade and side returns of the existing building,
demolish the balance of the building, and construct a 34 -storey tower in its place (see Attachment
A). The tower would contain 236 residential units, a residential lobby facing Queen Street, and a
261.6 square metre ground floor community amenity area that is accessible to the general public (as
part of the City's bonusing program in Zoning By-law 85-1). This space would be located adjacent
to Goudies Lane. No parking spaces are proposed, though a loading area would be provided.
The Site Plan Application is nearing Approval in Principle stage, and Planning staff is generally
supportive of the application. To facilitate that Site Plan Application, as a condition of approval, the
following variances are requested by the applicant:
1. Relief from Section 14.3 to allow a minimum yard abutting a lane of 0 metres for the existing
portions of the ground floor, rather than 1.0 metres,
2. Relief from Section 14.3 to allow minimum fagade openings of 20 percent of the area of the
ground floor fagade as display windows or entrances to the building, and allow no maximum
horizontal distance between display windows or entrances, rather than minimum fagade
openings of 50 percent and maximum distance between fagade openings of 4.0 metres (see
Appendix B).
3. Relief from Section 6.1.2c) to allow 0 parking spaces for multiple dwellings (0 spaces per
unit), rather than 184 spaces [(1.0 space per unit x 174 units = 174 spaces) + (0.165 spaces
per unit for units not exceeding 51.0 square metres x 62 units = 10 spaces)].
4. Relief from Section 6.1.2c) to allow 0 parking spaces for a community centre or conference
and convention facility, rather than 11 spaces [community centre requires 1 space per 23.0
square metres; conference and convention facility requires 1 space per 40.0 square metres].
On June 28, 2021, City Council passed a Notice of Intention to Designate the front fagade and side
returns of the existing building under the Ontario Heritage Act. While the designation by-law for this
property has not yet been passed, under the Ontario Heritage Act, there is interim control of alteration
or demolition, and it is as if the property is Designated. The requested variances outlined above align
with the expected Designation of the property, since they legalize various aspects of the existing
building.
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 and Purpose of Official Plan Test
Variance 1:
The existing building has remained in its present form, with the existing setbacks, for more than 100
years. Although the side returns of the existing building are deficient, all new development will
comply with the 1.0 metre setback requirement. Accordingly, this request represents a legalization
of the existing situation. In addition, the length of the applicable building return represents only 30
percent of the length of the ultimate building length. It should be noted that the present building
setback is compliant under the Existing Use clause of the Zoning By-law (Section 5.15.2). However,
the proposed changes to the building, including additional floor area, require that the existing
portions of the building be legalized.
Variance 2:
The City Centre District policies of the City's Official Plan state the following with respect to building
facades:
• "15.D.2.41. The City will utilize the Zoning By-law to direct and guide the location of uses and
the development or redevelopment of properties in this District in the following ways: ... c)
impose fagade and building height regulations to ensure that buildings maintain a human -
scaled form of development along the street."
In this regard, Planning staff has reviewed the proposed ground floor fagade and are of the opinion
that the building will maintain a human -scaled form of development along the street. The existing
building has remained in its present form, including the Queen Street fagade, for more than 100
years. Planning staff has no concerns with that portion of the building's Queen Street fagade that
will be retained.
It should be noted that the present fagade openings are compliant under the Existing Use clause of
the Zoning By-law (Section 5.15.2). However, the proposed changes to the building, including
additional floor area, require that the existing portions of the building be legalized.
In addition, Planning staff has no concerns with the new Queen Street fagade that will be constructed
immediately to the northeast of the retained fagade through the proposed Site Plan Application.
Variances 3 & 4:
The City's Official Plan contains several policies which relate to parking within the downtown, for
example:
13.C.8.2. 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.
13.C.8.6. The City will develop a parking reduction strategy for lands located within the Urban
Growth Centre (Downtown) and Major Transit Station Areas to recognize the availability of
and encourage the use of rapid and public transit. The parking strategy will consider parking
regulations for lands located outside of these areas and requirements in neighboring
municipalities. The resultant parking strategy will be implemented through the City's Zoning
By-law.
In this case, Transportation Services staff advises that it does not have any concerns with the request
for zero parking spaces because there are four municipally operated parking structures within a 400
metre distance of the property, with the capacity to provide residential and visitor parking (see
detailed Transportation Services comments, below). In addition, if a recommended condition is
imposed, 236 long-term, secured bicycle parking spaces and 8 short-term bicycle parking spaces,
will be implemented as a Transportation Demand Management measure. Furthermore, the property
is located within a short walking distance of several ION stations.
It should be mentioned that the City's `parking reduction strategy' for lands within the Urban Growth
Centre (see above Official Plan Policy 13.C.8.6.) culminated in the UGC parking rates found in
Zoning By-law 2019-051. This by-law is in -effect but does not apply to the subject property because
the UGC zones are not in effect (the property remains zoned D-1 under By-law 85-1). Accordingly,
the older parking rates from By-law 85-1 continue to apply. Transportation Services advises that the
applicant's request for zero parking meets the intention of the UGC parking rates. The UGC parking
rates do not require a minimum number of parking spaces for residential use or the community
amenity area.
Transportation Services is supportive of the variance subject to a condition that the owner shall enter
into an agreement with the City to ensure the above noted bicycle parking spaces are implemented.
All Variances:
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
Variance 1:
The intent of the minimum 1.0 metre setback to a lane regulation is to ensure that adequate buffer
space is provided between a building and the lane, especially to prevent pedestrian / vehicular
conflicts. In this case, the setback has existed for over 100 years, presumably without issue. In
addition, all new construction will comply with the minimum requirement. The subject variance
simply represents a legalization of the retained portion of the existing building.
Variance 2:
The intent of the minimum fagade openings regulation is to ensure human -scale development along
the street. See General Intent and Purpose of Official Plan Test section, above.
Variances 3 & 4:
The intent of minimum parking requirements is to ensure that parking demand is met by adequate
on-site parking. In this case, the property is located in the Urban Growth Centre (Downtown). See
General Intent and Purpose of Official Plan Test section, above.
All Variances:
Planning staff is of the opinion that the variances meet the general intent and purpose of the Zoning
By-law.
"Minor" Test
All variances are minor in that they will not create unacceptably adverse impacts on adjacent uses
or lands. The current setback has existing for many years without issue. The human -scale and
character of the area will not be negatively affected by the change to fagade openings. Moreover,
parking demand will be off -set by nearby higher -order transit service (e.g., LRT service), TDM
measures (e.g., ample bicycle parking). Also, several municipal parking facilities are located nearby
and will provide a parking option for visitors to the property.
Desirability for Appropriate Development of the Land Test
The requested variances, if approved, will facilitate the development of a 34 -storey tower with 236
residential units, which will assist the city by providing additional housing supply during the current
national housing crisis. Approval of the variance will help to legalize the heritage fagade of the
existing building. Other site development matters will be reviewed through the Site Plan Application.
In addition, the proposal will benefit the public by providing a ground floor community amenity space.
Heritage Comments:
City Council passed a Notice of Intention to Designate the front fagade and side returns of the
existing building on the property municipally addressed as 16-20 Queen Street North at its June 28,
2021 Council meeting. No objections were received to the Notice of Intention to Designate. While
the designation by-law for this property has not yet been passed, per sections 30(1) and (2) of the
Ontario Heritage Act, there is interim control of alteration, demolition or removal on this property and
it is as if the designation process were complete and the property has been Designated under section
29 of the Ontario Heritage Act. As such, any exterior alterations to the building that will affect the
identified heritage attributes will require submission and approval of a heritage permit application.
The proposed variances are to facilitate development on the subject lands. Heritage Planning staff
have reviewed the details of the proposed variances and do not have concerns. The existing fagade
and side returns of the building are being retained as per the Notice of Intention to Designate passed
by Council, and the proposed variances do not negatively impact the identified heritage attributes of
the front fagade and side returns of the building.
Environmental Planning Comments:
No natural heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed.
Engineering Services Comments:
Engineering Services has no comments.
Transportation Services Comments:
The proposed parking for this site does meet the intention of the future Zoning By-law 2019-051 for
UGC Zones. The development proposal includes 236 long-term, secured bicycle spaces for
residents and eight (8) bicycle spaces intended for visitors and use by the community amenity space,
for a total of 244 bicycle spaces.
Transportation Planning does not have concerns with the reduced (nil) parking rate provided given
there are four (4) municipally operated parking structures within a 400m distance of the site, with the
capacity and potential to provide residential and visitor parking, particularly in the evening. Further,
this type of residential parking will help to support shared parking in the downtown through the
utilization of municipal parking structures during traditionally off-peak hours.
Transportation Services can support this variance given the proposal meets the intent of the future
ZBL 2019-051, with the following condition of approval:
1. That the owner(s) of the property enter into an agreement with the City of Kitchener to be
registered on title that acknowledges the following:
a. That a total of 244 on-site bicycle parking spaces be provided: 236 secured, long-term
bicycle spaces for residents and eight (8) short-term bicycle spaces to be utilized by
visitors and the community amenity space.
Region of Waterloo 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 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. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
CONSULT — Planning staff was contacted by one community member regarding the details of the
subject application. Planning staff provided a comprehensive response to the community member.
PREVIOUS REPORTS/AUTHORITIES:
Site Plan Application SP21/040/Q/AP has been filed for this property and is under review.
Attachments:
Attachment A — Proposed Site Plan Drawing (Under Review)
Attachment B — Proposed and Existing Queen Street Fagade (Under Review)
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Region of Waterloo
September 03, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Hilborn:
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
(8) VAR KIT/ 16 TO 20 QUEEN STREET NORTH
MOMENTUM DEVELOPMENTS
(11) /28,120 BULLOCK STREET HOMER
WATSON BUSINESS PARK
(12) /15 KIT/ SEC WESTMOUNT AND BLOCK LINE
WINSTON HALL NURSING HOME
Re: Committee of Adjustment Applications Meeting September, 2021, City of
Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2021-084 (Amended) — 210 Tartan Avenue— No Concerns.
2) A 2021-092 — 21 Nine Pines Road — No Concerns.
3) A 2021-093— 1248 Ottawa Street South —There are no concerns to the minor
variance application in the existing conditions. However, the applicants must be
advised that a future road dedication of approximately 1.2m may be required from
the above property in case of any potential future development application, to
comply with the designated road width of 30.48m for the Ottawa Street South (RR
#04). At such times in future, the parking spots would have 0.8m clearance from
the Ottawa Street property line.
4) A 2021-094 — 50 Valleybrook Drive — No Concerns.
5) A 2021-095 — 1791 Glasgow Street — No Concerns.
Document Number: 3809958
Page 1 of 2
6) A 2021-096
— 61 Warren Road — No Concerns.
7) A 2021-097
— 17-19 Peter Street — No Concerns.
8) A 2021-098
— 16-20 Queen Street North — No Concerns.
9) A 2021-099
— 111 Gay Crescent — No Concerns.
10) A 2021-100
(Updated)
— 932 Eaglecrest Court — No Concerns.
11) A 2021-101
— 20 Pearson Street & 160 Bullock Street — No Concerns.
12) A 2021-102
— 695 Block Line Road — No Concerns.
13) A 2021-103
to
104 — 331 & 341 Hesh Crescent — 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,
I
Joginder Bhatia
Transportation Planner
C (226) 753-0368
KO
Dianna Saunderson
CofA(u-)Kitchener. ca
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September 9, 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
Dianna Saunderson
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Saunderson,
Via email only
Re: September 21, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-084
210 Tartan Avenue
A 2021-092
21 Nine Pines Road
A 2021-093
1248 Ottawa Street Sou&
A 2021-094
50 Valleybrook Drive
A 2021-095
1791 Glasgow Street
A 2021-096
61 Warren Road
A 2021-097
17-19 Peter Street
A 2021-098
16-20 Queen Street North
A 2021-099
111 Gay Crescent
A 2021-100
932 Eaglecrest Court
A 2021-101
20 Pearson Street & 160 Bullock Street
A 2021-102
695 Block Line Road
A 2021-103
to 104
331 & 341 Hesh Crescent
Application for Consent
B 2021-043 303 Park Street
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 at 519-621-2763 ext. 2228 or aherremana-grandriver.ca.
Sincerely,
Andrew Herreman, rPT
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