HomeMy WebLinkAboutDSD-2021-206 - A 2021-109 - 388 King St. EStaff Report
Develo n7ent Services Deoartr7ent
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 19, 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: October 8, 2021
REPORT NO.: DSD -2021-206
SUBJECT: Minor Variance Application A2021-109
388 King Street East
Owner — 388 King Kitchener Inc.
RECOMMENDATION:
That Minor Variance Application A2021-109 for 388 King Street East, requesting to
provide zero parking spaces for 129 sq.m. of restaurant use, whereas 14 parking spaces
are required (1 space per 7.5 sq.m., plus a 20% reduction in the MU -2 Zone), be approved,
subject to the following conditions:
1. That the Owner shall apply for and obtain approval of an amendment to Site Plan
Application SP18/051/K/AP, to the satisfaction of the City's Director of Planning.
This approval shall apply only to the development proposed through said
amended site plan application.
2. That the Owner shall apply for and obtain a Zoning Occupancy Certificate from the
City's Director of Planning; and
3. That Conditions 1 and 2, above, shall be completed by October 19, 2022. Any
request for a time extension must be approved in writing by the Director of
Planning (or designate), prior to completion date set out in the decision. Failure
to complete the conditions will result in this approval becoming null and void.
REPORT HIGHLIGHTS:
The applicant is requesting approval of the subject Minor Variance Application to provide zero
parking spaces for 129 sq.m. of restaurant use, whereas 14 parking spaces are required. If
authorized, the variance would permit the two ground floor commercial units to be used for
restaurant purposes.
BACKGROUND:
The subject property is located on the northeast side of King Street East, between Cedar Street
North and Madison Avenue, in the King East Planning Community. Cedar Street is
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approximately 50 metres to the northwest and is the boundary of downtown, as defined by the
2014 Official Plan. The Kitchener Market is located on Cedar Street. Drewlo Holdings is
currently constructing a large redevelopment project on the opposite side of King Street /
Madison Avenue. The surrounding area is composed of a wide variety of building forms and
land uses, including residential, commercial, and institutional uses.
The property is designated Mixed Use Corridor in the King Street East Secondary Plan (note
that although the mapping shows that Special Policy Area #1 applies, the corresponding policies
were deleted through OPA 111). In addition, the property is identified as being within a Major
Transit Station Area (MTSA) on Map 2 (Urban Structure) of the 2014 Official Plan. The property
is zoned Medium Intensity Mixed Use Corridor Zone (MU -2) in By-law 85-1. It should be noted
that the property is within the study area for the King Street East Neighbourhood Planning
Review. City Planning staff visited the property on October 1, 2021.
Location
Map (subject property is outlined in white)
REPORT:
Planning Comments:
In May 2018, the applicant submitted Site Plan Application SP18/051/K/AP to allow the subject
property to be developed with a 7 -storey mixed-use building with two, small ground floor retail
units; six upper storeys of residential use (12 dwelling units per floor for a total of 72 units); an
internal, main floor stackable parking system; and a rooftop amenity space.
In August 2018, to facilitate the Site Plan Application, the applicant submitted Minor Variance
Application A2018-077, for the following:
1. To permit 48 off-street parking spaces (0.7 space/per-unit) for multiple dwelling units,
whereas the Zoning By-law requires 72 off-street parking spaces (1.0 space/per-unit);
2. To permit 5 off-street visitor parking spaces (i.e., 7% of required multiple dwelling
parking), whereas the Zoning By-law requires 10 off-street visitor parking spaces (i.e.,
20%);
3. To permit 0 parking spaces for 114 square metres of retail use, whereas the Zoning By-
law requires 5 retail parking spaces [(114 square metres retail GFA / 20.0) — 20%]; and
4. To permit supported balconies in the rear yard, whereas the By-law does not permit
supported balconies in the rear yard.
The Committee of Adjustment approved the variance, subject to conditions, including that the
owner enter into an agreement to require certain Transportation Demand Management
measures to be implemented to mitigate impacts from the parking reduction. Specifically, these
TDM measures included requirements for unbundled parking, secure bicycle parking spaces,
and transit passes, to the satisfaction of the Director of Transportation Services. This agreement
was registered on February 20, 2019.
On February 25, 2019, a Site Plan revision was approved (see approved Site Plan drawings,
attached), for several minor revisions, including a slight increase in the total areas of the retail
units from 114 sq.m. to 129 sq.m. (i.e., one 60 sq.m. unit and one 69 sq.m. unit) and in late
2019, the project received final Site Plan Approval. The building is currently under construction.
Photo of the front of the subject property taken from King Street East
The Site Plan Application and Minor Variance Application contemplated that the two ground floor
units would be used for retail purposes and parking was planned accordingly. However, the
applicant is now seeking to use these units for restaurant use, rather than retail use. While
restaurant use is permitted under the MU -2 Zone, the minimum parking ratio for restaurant use
(1 space per 7.5 sq.m., plus a 20% reduction in the MU -2 Zone) is higher than it is for retail use
(1 space per 20.0 sq.m., plus a 20% reduction in the MU -2 Zone).
The applicant advises that these commercial units are generally conducive to "take out
restaurant" uses since there is not sufficient space to facilitate a kitchen and a seating area, so
patrons will only attend these units for a brief period to pick up their food and leave.
Accordingly, the applicant is now requesting approval of the subject Minor Variance Application
to provide zero parking spaces for 129 sq.m. of restaurant use, whereas 14 parking spaces are
required (1 space per 7.5 sq.m., plus a 20% reduction in the MU -2 Zone).
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
The following King Street East Secondary Plan policies apply to the subject variance:
Mixed Use Corridors are linear in form and recognize the evolution of uses along major
corridors in the inner city. These corridors are primarily intended to serve the adjacent
residential neighbourhoods and 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. Over time it is intended that the Mixed Use Corridors shall intensify and
provide a balanced distribution of commercial, multiple residential and institutional uses.
Individual properties within Mixed Use Corridors shall be zoned to achieve this distribution
of uses. A broad range of commercial uses shall be permitted, including freestanding office
and small retail.
In addition, the following Major Transit Station Area policies of the 2014 Official Plan apply:
13.C.8.1. Parking standards and regulations for all types of land uses will be provided in the
City's zoning by-law. Specific uses may be required to provide easily accessible parking for
electric and hybrid vehicles, carpool/vanpool/car share and bicycles. Minimum and
maximum parking standards may be defined, as appropriate, to maximize the efficient use
of land, and promote active transportation and the use of public transit.
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.
In the subject case, the general intent of the Official Plan is to ensure that adequate off-site
parking is provided. The subject property is within a Major Transit Station Area (MTSA), and
has excellent access to many alternate forms of transportation, including, for example, the ION
system (Kitchener Market Station is within 200m); GRT bus routes, including Routes 3, 7, and
8; GO Transit (Weber Street Station is within 1.5km); and pedestrian and cycling facilities (e.g.,
Iron Horse Trail).
Moreover, Transportation Services has advised that it has no concerns with the requested
variance, noting that there is existing on -street parking in the area and no seating for customers,
since the ground floor commercial space will function as a "take out restaurant".
In addition, the Official Plan contemplates that lands designated Mixed Use Corridor are to serve
the adjacent residential neighbourhoods and permit a broad range of commercial uses.
Planning staff suggests that the proposed use would help to achieve these objectives.
Planning staff is of the opinion that the variance meets the general intent and purpose of the
Official Plan.
General Intent and Purpose of Zoninq By-law Test
In the subject case, the general intent of the Zoning By-law is to ensure that parking demand is
met by adequate off-site parking is provided. See General Intent and Purpose of Official Plan
Test section, above. Planning staff is of the opinion that the variance meets the general intent
and purpose of the Zoning By-law.
"Minor" Test
The requested
adjacent uses
properties and
use for "take c
above.
variance is minor in that it will not create unacceptably adverse impacts on
or lands. The parking variance will have a negligible impact on adjacent
the adjacent street network, especially considering the nature of the restaurant
ut" only and the abundance of alternative forms of transaortation. as outlined
Desirability for Appropriate Development of the Land Test
The requested variance, if approved, will facilitate the establishment of two restaurant spaces
within a mixed-use building. The proposed restaurant use will assist in achieving the King Street
East Secondary Plan objectives to serve the adjacent residential neighbourhoods, provide
residential redevelopment opportunities together with appropriate commercial uses that
primarily serve adjacent residential neighbourhoods, and to permit a broad range of commercial
uses.
For the abovementioned reasons, Planning staff is of the opinion that the variance request is
j ustified.
Heritage Comments:
There are no heritage planning concerns. 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 property municipally addressed
as 388 King Street is located within the Central Frederick Neighbourhood CHL. 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.
Environmental Planning Comments:
No natural heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Services Comments:
Engineering Services has no comments.
Transportation Services Comments:
After reviewing MHBC's letter (September 16, 2021) that included a section on parking
justification, Transportation Services can support the requested parking reduction of zero
parking spaces for the restaurant use, based on existing on -street parking in the area and no
seating for customers, as the site will function as a "take out restaurant".
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.
PREVIOUS REPORTS/AUTHORITIES:
• Minor Variance Application A2018-077
• Site Plan Application SP18/051/K/AP
Attachments:
Attachment A — Schedule to Approved Site Plan — 1St Floor Plan
Attachment B — Approved Site Plan Drawing
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Region of Waterloo
October 07, 2021
Kristen Hilborn
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
•�a►�l�■:nl•�l
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
(5) VAR KIT/ 388 TO 400 KING STREET EAST
MIXED USE DEVELOPMENT
(8) /VAR KIT, 133 WELLINGTON STREET NORTH
1001235 ONTARIO LIMITED
(10,11) /VAR KIT, 75 79 LOUISA STREET
RANDALL MASYK
(14) /VAR KIT 134 WOOLWICH STREET 124
WOOLWICH STREET JAMES & SUE ROBERTS
(15)/52, 300 BRIDGE STREET EAST COLDPOINT
HOLDINGS
Re: Committee of Adjustment Applications Meeting October 19, 2021, City of
Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-105 — 25 Courtland Avenue East — No concerns to the application
provided the parking spots/vehicles are located within the private property.
Imagery shows that currently the vehicles are being parked just abutting the
sidewalk. The staff note that this property abuts a high traffic Regional road, and
is in close proximity of a high volume Regional road intersection. Therefore, it is
strongly recommended that the City's traffic staff make sure the vehicles can
manoeuvers safely without impacting the road traffic. Also, the owners must be
advised that a dedicated widening of 4.Om approximately would be required on
Document Number: 3844309
Page 1 of 3
any future development application(s) e.g. Site Plan, Consent. At such times in
future, the parking spots would be impacted accordingly.
2) A 2021-106 — 37 Highland Road West —The applicant is proposing an additional
house at the back of the property. There are no concerns to this application.
However, the owners are advised that a dedicated widening of 4.Om
approximately would be required on any future development application(s) e.g.
Site Plan, Consent.
3) A 2021-107 — 26-28 Ellen Street West —No concerns.
4) A 2021-108 — 102 Fenwick Court — No Concerns.
5) A 2021-109 — 388 King Street East — No Concerns.
6) A 2021-110 — 125 Seabrook Drive — No Concerns to the application. However,
staff note that an education institution is considered as a noise sensitive land use
and may have impacts from the environmental noise sources in the vicinity.
7) A 2021-111 — 52 Anvil Street — No Concerns.
8) A 2021-112 — 135 Wellington Street North — No Concerns.
9) A 2021-113 — 1421 Victoria Street North — No Concerns.
10)A 2021-114 — 75 Louisa Street — No Concerns.
11)A 2021-115 — 79 Louisa Street — No Concerns.
12)A 2021-116 — 74 Rutherford Drive (Retained) — No Concerns.
13)A 2021-117 — 74 Rutherford Drive (Severed) — No Concerns.
14)A 2021-118 — 134 Woolwich Street — No Concerns.
15)A 2021-119 — 300 Bridge Street East — 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
KA
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,
,Z] -�-
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Dianna Saunderson
CofA(o-) Kitchener. ca
3
October 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
Sarah Goldrup
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re: October 19, 2021 Committee of Adjustment Meeting
Applications for Minor Variance
A 2021-105
52 Anvil Street
25 Courtland Avenue East
A 2021-106
135 Wellington Street North
37 Highland Road West
A 2021-107
75 Louisa Street
26-28 Ellen Street West
A 2021-108
79 Louisa Street
102 Fenwick Court
A 2021-109
74 Rutherford Drive
388 King Street East
A 2021-110
125 Seabrook Drive
Application for Consent
B 2021-044
52 Anvil Street
51 Nelson Avenue
B 2021-045
135 Wellington Street North
35 Coral Crescent
B 2021-046
75 Louisa Street
74 Admiral Road
B 2021-047
79 Louisa Street
81 Fifth Avenue
B 2021-048
74 Rutherford Drive
441 East Avenue
B 2021-049
441 East Avenue
Via email only
A 2021-111
52 Anvil Street
A 2021-112
135 Wellington Street North
A 2021-114
75 Louisa Street
A 2021-115
79 Louisa Street
A 2021-116
74 Rutherford Drive
A 2021-117 74 Rutherford Drive
B 2021-050
441 East Avenue
B 2021-051
945 Victoria Street North
B 2021-052
961 Victoria Street North
B 2021-053
75 & 79 Louisa Street
B 2021-054
74 Rutherford Drive
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-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