HomeMy WebLinkAboutDSD-2021-220 - A 2021-125 - 741 King Street West
REPORT TO: Committee of Adjustment
DATE OF MEETING: November 16, 2021
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 9
DATE OF REPORT: November 9, 2021
REPORT NO.: DSD-2021-220
SUBJECT: Minor Variance Application A2021-125
741 King Street West
Owner HIP 741 King Inc.
Agent MHBC Planning
RECOMMENDATION:
That Minor Variance Application A2021-125 for 741 King Street West, requesting relief
from Section 6.1.2b)vi)B) of By-law 85-1 to reduce the percentage of visitor parking
spaces from 20 percent (32 spaces) to 12.8 percent (20 spaces), be approved, subject to
the following condition:
1. That this approval shall apply only to the development proposed through Site Plan
Application SP18/033/K/DE.
REPORT HIGHLIGHTS:
The applicant is requesting approval of the subject Minor Variance Application to reduce the
percentage of visitor parking spaces from 20 percent to 12.8 percent related to the
redevelopment of the subject property with an 18-storey multiple dwelling containing 228
dwelling units.
BACKGROUND:
The subject property is located on the southwest side of King Street West, between Agnes Street
and Green Street, in the K-W Hospital Planning Community. A dental clinic and Kitchener-
Waterloo Collegiate & Vocational School are located on King Street, to the northwest, and
several commercial uses, health clinics, and King Edward Public School are located on King
Street, to the southeast. Six low density residential properties are located immediately to the
southwest, with frontage on Walter Street.
The subject property is designated Mixed Use Corridor in the K-W Hospital Secondary Plan. 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 High Intensity Mixed Use
Corridor Zone (MU-3) with Special Regulation Provisions 158R and 499R in By-law 85-1. The
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special regulation provisions do not apply to the subject variance request. It should be noted
that the property is within the study area for the K-W Hospital / Midtown Neighbourhood Planning
Review and is presently not subject to By-law 2019-051.
The ION light rail transit system operates directly in front of the subject property and the Grand
River Hospital Station is located approximately 400 metres to the northwest. The subject
property has frontage on both King Street West and Walter Street. City Planning staff visited
the property on October 28, 2021.
Location Map (subject property is outlined in white)
REPORT:
Planning Comments:
To facilitate a Site Plan Application for the construction of a residential tower on the subject
property, on June 18, 2018, the Committee of Adjustment approved Minor Variance Application
A2019-056 to allow a parking rate of 0.68 spaces per unit, rather than the required parking rate
of 1 space per unit. The variance also permitted the encroachment of two supporting pillars
within a Driveway Visibility Triangle. The variances were approved subject to the condition that
the owner ensure that Transportation Demand Management measures are implemented as part
of the Site Plan Application, including the provision of secure indoor bicycle parking, a dedicated
car share parking space, and active uses at grade.
On January 28, 2021, Site Plan Approval was granted (Site Plan Application SP18/033/K/DE)
for the construction of an 18-storey multiple dwelling with 228 dwelling units. The project is
currently under construction.
The development is planned to provide 156 parking spaces (94 garage spaces and 62 surface
spaces), including 32 visitor parking spaces (surface).
At this time, the applicant is requesting an additional variance, specifically, relief from Section
6.1.2b)vi)B) to reduce the percentage of visitor parking spaces from 20 percent (32 spaces) to
12.8 percent (20 spaces). It should be noted that the overall parking supply remains at 0.68
spaces per unit consistent with the previously approved variance.
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 K-W Hospital 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.
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
-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 (Grand River Hospital Station is within 400m and Central Station is within 660m); GRT
bus routes, including Routes 4 and 7; GO Transit (Weber Street Station is within 1.3km); and
pedestrian and cycling facilities (e.g., Iron Horse Trail is within 750m and Spur Line Trail is within
950m).
In addition, the Official Plan contemplates that Mixed Use Corridors will provide residential
redevelopment opportunities. Planning staff notes that the construction that is currently
underway (and that would be facilitated by the subject application) is considered redevelopment.
Planning staff is of the opinion that the variance meets the general intent and purpose of the
Official Plan.
General Intent and Purpose of Zoning 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-street 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.
Transportation Services advises that it has no concerns with the requested variance, noting that
the subject property is near ION stations and the variance is in alignment with visitor parking
regulations under By-law 2019-051 that will apply to this property in the future. In addition, there
are an abundance of alternative forms of transportation, as outlined above. The requested
variance is minor in that it will not create unacceptably adverse impacts on adjacent uses or
lands.
Desirability for Appropriate Development of the Land Test
If approved, the requested variance would facilitate the redevelopment of the property with
intensive, transit-supportive residential development an objective of the K-W Hospital
Secondary Plan. In turn, this redevelopment would assist in building the critical mass necessary
to maintain and support transit ridership of the ION system.
For the abovementioned reasons, Planning staff is of the opinion that the variance request is
justified.
Heritage Comments:
There are no heritage planning concerns.
Environmental Planning Comments:
Any natural heritage or Tree Management Plan issues are being addressed as part of the Site
Plan Application.
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Services Comments:
Engineering Services has no comments.
Transportation Services Comments:
Given the proximity to major transit stations (ION rail) and the alignment with the future
regulations under ZBL 2019-051 (0.1 visitor spaces per unit), Transportation Services does not
have any concerns with the request to reduce visitor parking from 32 spaces to 20 spaces.
It should be noted that there is very limited on-street parking available in the immediate vicinity
of the subject property.
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
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
A notice of
the application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Minor Variance Application A2019-056
Site Plan Application SP18/033/K/DE
Attachments:
Attachment A Approved Site Plan Drawing (with mark-ups to show variance request)
Appendix A - Approved Site Plan Drawing (with mark-ups to show variance request)
November 01, 2021
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (5) /15 KING KIT 741 KING STREET WEST HIP
DEVELOPMENT
(8) /08 WEBER KIT, 1333 WEBER STREET EAST
PAMATA HOSPITALITY INCORPORATED
Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2021-121 389 Robert Ferrie Drive No Concerns.
2) A 2021-122 256 Belmont Avenue West No Concerns.
3) A 2021-123 449 East Avenue No Concerns.
4) A 2021-124 184 Lakeside Drive No concerns.
5) A 2021-125 741 King Street West No Concerns.
6) A 2021-126 59 Frey Crescent No Concerns.
7) A 2021-127 1084 Union Street No Concerns.
8) A 2021-128 1333 Weber Street East No Concerns subject to review &
approval of the revised TIS/TDM measures by the Regional staff, prior to approval
of the revision to the original Site Plan.
9) A 2021-129 106 Belleview Avenue No Concerns.
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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
CC:
Dianna Saunderson
CofA@Kitchener.ca
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November1, 2021
Sarah Goldrup Via email only
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Ms. Goldrup,
Re:Committee of Adjustment MeetingNovember 16, 2021
______________________________________________________________________
Applications for Minor Variance
A2021-11674Rutherford DriveA 2021-125741 King Street West
A2021-11774Rutherford DriveA 2021-12659 Frey Crescent
A 2021-121389 Robert Ferrie DriveA 2021-1271084 Union Street
A 2021-122256 Belmont Avenue WestA 2021-1281333 Weber Street East
A2021-123449East AvenueA 2021-129106 Belleview Avenue
Application for Consent
B2021-05474Rutherford Drive
B 2021-05830 Third Avenue
B 2021-059169 Fifth Avenue
B 2021-06075 Tillsley Drive
B 2021-061111 Schweitzer Street
B 2021-06219-21 Wendy Crescent
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 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.
KITCHENER
WOODBRIDGE
LONDON
KINGSTON
BARRIE
BURLINGTON
September 27, 2021
Committee of Adjustment Coordinator
City of Kitchener – Planning Division
th
200 King Street West. 6 Floor
P.O. Box 1118
Kitchener, ON N2G 4G7
RE: Application for Minor Variance
741 King Street West, Kitchener
OUR FILE 1350J
We are pleased to submit an application for a minor variance on behalf of HIP 741 King Inc. with respect
to the property, municipally known as 741 King Street West in the City of Kitchener, hereinafter referred
to as the “subject property”. The subject property is currently under construction, with a planned 18-
storey residential apartment building. The purpose of the minor variance application is to seek a
reduction in the required amount of visitor parking.
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The subject lands comprise an area of approximately 5,820 m and are located on the south side of King
Street West, between Agnes Street and Green Street. The lands also have frontage on Walter St to the
south, in two locations on either side of a series of 6 individual low rise residential lots. The lands are
currently under construction, having received site plan approval in January 2021. Completion of
construction is anticipated in June 2023. When completed, the 18-storey building will contain 228 units,
with 156 parking spaces.
Vehicular access to the site will be provided from both King Street West (right-in, right-out) and Walter
Street. Access to the parking garage is provided at the rear of the building. Surface parking is also
proposed along the northwest side of the site and on top of the parking structure, at the rear of the site.
No changes to the building, or site design is proposed as part of this variance.
The subject lands are zoned High Intensity Mixed-Use Corridor (MU-3) in By-law 85-1. The City is in the
process of updating its Zoning By-law and has approved new components in sections – not all of the
new By-law is in force and effect and not all of the properties in the City are subject to the new Zoning
By-law (including the subject lands, which are still subject to By-law 85-1). The new Zoning By-law
200-540 BINGEMANS CENTRE DRIVE / KITCHENER / ONTARIO / N2B 3X9 / T 519 576 3650 / F 519 576 0121 / WWW.MHBCPLAN.COM
contains a separate section (Section 5) that regulates parking, including visitor parking. The new
Zoning By-law regulates parking as follows:
No visitor parking is required for properties within the UGC zones;
A minimum of 0.1 spaces per unit is required for properties within the MIX zones
A minimum of 0.1 spaces per unit is required for all other properties, where the development
includes more than 81 units
As a result of a previous minor variance, parking is required at a rate of 0.68 spaces per residential unit,
including visitor parking which was required to be 20% of that supply. The 228 units required 155
parking spaces, of which 32 were required to be made available to visitors. The owner prefers to provide
fewer visitor parking spaces as a portion of the overall supply in recognition of the site’s context,
allowing for more spaces to be made available to occupants of the residential units. The minor variance
application proposes the following distribution of parking:
136 parking spaces for the 228 residential units
20 parking spaces for visitors
The overall supply remains at 0.68 spaces per unit consistent with the previous variance, however the
percentage of visitor spaces is proposed to be reduced from 20% (32 spaces) to 12.8% (20 spaces). As
such, a variance to Subsection 6.1.2.b)vi)B) to reduce the required amount of visitor parking for multiple
dwellings from 20% to 12.8% is required. This is the only variance being requested.
Planning Analysis
In our opinion, the requested variance meets the requirements of Subsection 45(1) of the Planning
Act. Our analysis of the requested variance with respect to each of the “four tests” is discussed below.
1. Does the variance maintain the general intent and purpose of the Official Plan?
The subject lands are designated Mixed-Use Corridor in the KW Hospital Secondary Plan. The
Mixed-Use Corridor designation provides opportunities for residential redevelopment with
appropriate commercial and institutional uses that primarily serve adjacent neighbourhoods.
Multiple residential and office uses are permitted to a maximum Floor Space Ratio of 4.0. The
proposed redevelopment is permitted in the Official Plan.
The City’s 2014 Official Plan contains policies regarding the supply of parking. More specifically
one of the objectives of the Official Plan is:
To reduce parking space demand in support of active transportation and transit and potential
redevelopment of surface parking lots in intensification areas.
Furthermore, Section 13.C.8.2 states that 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. While TDM
measures are typically associated with reduced parking demand for residents, visitors to the
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site have excellent access to transit, including GRT routes and the ION LRT – two stations are
within walking distance. There will still be 20 visitor spaces provided, but many visitors can
arrive at the site via transit, walking or cycling (as well as other vehicular options, such as ride
sharing).
In summary, the proposed reduction in the supply of visitor parking maintains the general
intent and purpose of the Official Plan.
2.Does the variance maintain the general intent and purpose of the Zoning By-law?
The existing Zoning By-law (85-1) includes visitor parking within the overall parking rate and
requires that 20% of the required parking be made available for visitors. The City’s new Zoning
By-law applies a lower rate, equivalent to 10% of the required parking (the MIX zone requires 1
space/unit of which 10% - or 0.1/unit – are for visitors). The proposed variance includes 20
dedicated visitor parking spaces for 228 units, which is equivalent to 0.09 spaces per unit –
which is almost equivalent to the new required rate. It also represents 12.8% of the overall
supply of parking, which is more than the percentage equivalent of the new rate (1o%). While
the new Zoning By-law does not yet apply to the subject lands, it indicates Council’s direction
for less parking in key areas of the City that are well served by alternative forms of
transportation, such as the subject lands.
In our opinion, the general intent of the By-law is to provide an appropriate supply of visitor
parking and in this regard, the proposed supply of visitor parking for the subject lands maintains
the general intent and purpose of the By-law.
3.Is the variance desirable for the appropriate use of the land, building or structure?
The development is under construction. As discussed above, the site specific rate for visitor
parking requires 32 parking spaces, which represents 20% of the overall required supply (155
spaces), while the new By-law requires 0.1 per unit (or 10%).
In our opinion, the higher visitor parking rate results in an oversupply of visitor parking for an
urban location, with excellent access to transit and active transportation infrastructure.
Providing 32 parking spaces out of a total supply of 156 spaces represents an oversupply of
visitor parking and would have the unintended consequence of encouraging visitors to arrive
by automobile, when there are other viable options. A supply of 20 visitor parking spaces, which
represents 12.8% of the overall supply balances the need to provide a sufficient supply on site,
without discouraging alternative forms of travel for visitors to the property. In this regard, it is
desirable for the appropriate development of the lands.
4.Is the variance minor?
The requested variance represents a visitor parking supply that is more in alignment with the
City’s new Zoning By-law. In our opinion, requiring 20% of parking spaces to be available to
visitors is too high a rate. The supply of 20 spaces for a project of this scale, in this location with
all of the alternative transportation options is appropriate. There will still be a significant
number of visitor parking spaces on site, which will allow for visitors to the site that arrive by
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vehicle to avoid the need to use on-street parking. In this regard, the requested variance is
minor in nature.
For the reasons set out above, it is our opinion that the requested variance satisfies Subsection 45(1) of
the Planning Act and should be approved. In support of this application for minor variance, please find
enclosed the following:
A cheque for $1,287.00 made payable to the City of Kitchener representing the application fee;
One (1) digital copy of the minor variance application form;
One (1) digital copy of the Site Plan; and
One (1) hard copy of each of the form, Planning Letter and Site Plan.
We trust the enclosed is sufficient for acceptance of the minor variance application and request that the
application be considered at the next available meeting of the Committee of Adjustment. Please do not
hesitate to contact the undersigned should you require additional information.
Yours truly,
MHBC
Trevor Hawkins, M.PL, MCIP, RPP
Partner
cc. HIP 741 King Inc.
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