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Home My WebLink AboutDSD-2022-354 - A 2022-081 - 149-151 Ontario N and 21 Weber WStaff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone -Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Eric Schneider, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 8, 2022 REPORT NO.: DSD -2022-354 SUBJECT: Minor Variance Application A2022-081 149-151 Ontario Street North and 21 Weber Street West Owner: 2851519 Ontario Inc, Melissa Carter Applicant: Reema Masri, Masri O Architects RECOMMENDATION: That Minor Variance Application A2022-081 for 149-151 Ontario Street North and 21 Weber Street West requesting relief from Section 6.1.2 a) of Zoning By-law 85-1 to permit a minimum parking requirement of 0 parking spaces per dwelling unit instead of the minimum parking requirement of 1 parking space per dwelling unit and 0.165 parking spaces per dwelling unit (for dwelling units less than 51 square metres in area), in accordance with Site Plan Application SP22/041/0/ES, BE APPROVED. REPORT HIGHLIGHTS: • The applicant is requesting a minor variance to reduce the required parking to 0 spaces per dwelling unit for a 27 storey, 230 -unit mixed-use development. • There are no financial implications. • This report supports the delivery of core services. BACKGROUND: The subject property is located at the corner of Ontario Street North and Weber Street West. The subject property is identified as `Urban Growth Centre' on Map 2 — Urban Structure and is designated `City Centre District' on Map 4 — Urban Growth Centre in the City's 2014 Official Plan. The property is zoned `Office District Zone (D-4)' in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 160 of 276 Figure 1: View of Subject Property (149-151 Ontario Street North and 21 Weber Street West) The subject property contains a semi-detached brick residence, constructed in 1876, that is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The subject property received Approval in Principle to construct a 21 -storey building overtop of the existing heritage dwelling under Site Plan Application SP19/137/0/GS in April 2020. The Committee of Adjustment approved the associated Minor Variance application A2019-050 on August 20, 2019, to allow for residential parking rate of 0 parking spaces per unit. In 2022, a new property owner has applied for a new site plan application (SP22/041/0/ES) to construct a 27 -storey mixed use building overtop of existing heritage dwelling on the subject lands. A new minor variance is required to request a parking rate of 0 spaces per unit for the new updated concept. A total of 230 residential units is proposed. Page 161 of 276 ONTARIO STREET ------- ` 0 F1 L— Figure 2: Proposed Site Plan SP22/041/0/ES (2022) [!a LU a� uj w LU co w m LLi Figure 3: View of Existing Site (July 7, 2022) Page 162 of 276 REPORT: Planning Comments: In considering the four tests for the 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 of the Official Plan The subject property is designated City Centre District within the Urban Growth Centre in the Official Plan. The Urban Growth Centre is the primary intensification area within the city. The intent of the City Centre District is to provide a pedestrian oriented environment characterized by ground floor commercial uses, while supporting large scale development and redevelopment. The proposed site plan concept achieves these objectives by proposing a large scale multi use building with pedestrian oriented commercial units on the ground and podium floors. The requested variance for reduction to 0 parking spaces per residential unit encourages a pedestrian oriented development and encourages uses of the nearby high order transit. Staff is of the opinion that the requested variance meets the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the regulation that requires 0.165 spaces per unit less than 51 square metres and 1 space per unit greater than 51 square metres (134 total spaces) is to provide for adequate vehicle storage on site. The proposed application for redevelopment envisions a transit -oriented, pedestrian first development that proposes 0 parking spaces overall. The subject lands are within 175 metres of the Kitchener City Hall LRT Ion Station. The Urban Growth Centre is to give pedestrian, cycling, and rapid transit modes of transportation the priority over vehicular circulation within the overall transportation system. Should future users of the site require vehicular parking, off site parking is available at the city -operated Duke and Ontario parking garage located 100 metres from the subject lands. Staff are of the opinion that the provision of a transit and active transportation oriented development within the Urban Growth Centre induces a reduced demand for vehicle storage and that any required parking storage can be provided in nearby city operated downtown parking garages. Staff are of the opinion that the requested variance meets the general intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? The provision of 0 parking spaces is expected to attract future residents that do not own a personal vehicle. As the development proposes no parking area overall, it is expected that future users will be aware of the site conditions and make alternative arrangements for any vehicle storage needs, such as city operated downtown parking garages. The City's downtown contains an established network of 2 -hour temporary on street parking for visitors and short term site users. Planning staff do not expect any adverse impacts as a result of the requested variance, and therefore the effects can be considered minor. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land. Building and/or Structure? The location of the lands within the Urban Growth Centre and 175 metres to an LRT Ion station stop is conducive to a transit and pedestrian oriented development with less priority on vehicular movements. Staff are of the opinion that the variance allows for a desirable and appropriate for the use of the land. Environmental Planning Comments: No natural heritage or tree management policy concerns. Page 163 of 276 Heritage Planning Comments: The subject property municipally addressed as 149-151 Ontario Street North is listed as a non- designated property of cultural heritage interest or value on the City's Municipal Heritage Register. There is currently a site plan application under consideration by staff which has not yet been given approval. With regards to this application, there are no heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: Engineering has no comment. Parks/Operations Division Comments: Parks/Operations has no comment. Transportation Planning Comments: Transportation Services has reviewed the justification report provided by Paradigm Transportation Solutions Ltd. and can support the request for zero parking spaces based on the following: • 238 Class A and 2 Class B bicycle parking spaces are being provided on site and approved through the site plan approval process. 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 A2019-050 • Planning Act • Provincial Policy Statement (PPS 2014) • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Regional Official Plan • Official Plan (2014) • Zoning By-law 85-1 ATTACHMENTS: No attachments. Page 164 of 276 Page 165 of 276 Region of Waterloo June 28, 2022 Sarah Goldrup City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 — Rosenberg Way & Amand Drive — No Concerns. 2) A 2022 - 072 — 177 Eden Oak Trail — No Concerns. 3) A 2022 - 073 — 10 Langton Drive — No Concerns. 4) A 2022 - 074 — 240 Chapel Street — No Concerns. 5) A 2022 - 075 — 50 Otterbein Road — No Concerns. 6) A 2022 - 076 — 95 Patricia Avenue — No Concerns. 7) A 2022 - 077 — 210 Pioneer Tower Road — No Concerns. 8) A 2022 - 078 — 125 Uplands Drive — No Concerns. 9) A 2022 - 079 — 31 Monterey Road — No Concerns. 10) A 2022 - 080 — 64 Wilhelm Street — No Concerns. Document Number: 4114588 Page 1 of 2 Page 166 of 276 11) A 2022 - 081 — 149-151 Ontario Street North & 21 Weber Street West — No Concerns. 12) A 2022 - 082 — 544 Bridgeport Road — No Concerns. 13) A 2022 - 083 — 99 Becker Street — No Concerns. 14) A 2022 - 084 — 26 Pony Way (Unit 21) — No Concerns. 15) A 2022 - 085 — 28 Pony Way (Unit 22) — No Concerns. 16) A 2022 - 086 — 30 Pony Way (Unit 23) — No Concerns. 17) A 2022 - 087 — 32 Pony Way (Unit 24) — No Concerns. 18) A 2022 - 088 — 34 Pony Way (Unit 25) — No Concerns. 19) A 2022 — 089-094 — 3,11,13,21,23 & 29 Shaded Creek Drive — No Concerns. 20) A 2022 - 095 — 165 Courtland avenue East — No Concerns. 21) A 2022 - 096 — 247 Glasgow Street — No Concerns. 22) A 2022 - 097 — 296 Highland Road East — No Concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 19-037 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofNa)Kitchener. ca 2 Page 167 of 276 July 4, 2022 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 GRCA File: July 19, 2022 CofA Meeting Sarah Goldrup Committee Administrator Planning Division City of Kitchener 200 King Street West, 6t" Floor Kitchener, ON, N2G 4G7 Dear Sarah Goldrup, Re: Committee of Adjustment Meeting — July 19, 2022 Applications for Minor Variance A 2022-072 177 Eden Oak Trail A 2022-073 10 Langton Drive A 2022-074 240 Chapel Street A 2022-076 95 Patricia Avenue A 2022-078 125 Uplands Drive A 2022-079 31 Monterey Road A 2022-080 64 Wilhelm Street A 2022-081 149-151 Ontario Street North & 21 Weber Street West A 2022-082 544 Bridgeport Road A 2022-083 99 Becker Street A 2022-084 26 Pony Way (Unit 21) A 2022-085 26 Pony Way (Unit 22) A 2022-086 26 Pony Way (Unit 23) A 2022-087 26 Pony Way (Unit 24) A 2022-088 26 Pony Way (Unit 25) A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive A 2022-096 247 Glasgow Street A 2022-097 296 Highland Road East Applications for Consent B 2022-039 63 Stanley Avenue B 2022-040 452 Prospect Avenue B 2022-041 456 Prospect Avenue via email Grand River Conservation Authority (GRCA) staff has reviewed the above -noted applications for minor variance and consent. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River Page 168 of 276 GRCA has no objection to the approval of the above applications. The subject properties do not contain any watercourses, floodplains, shorelines, wetlands, valley slopes or other environmental features of interest to GRCA. The properties are not subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not required. Should you have any questions, please contact me at icon roy(a)-grand river. ca or 519- 621-2763 ext. 2230. Sincerely, �La ccr,� Ga'w � Jessica Conroy, MES PI. Resource Planning Technician Grand River Conservation Authority Page 169 of 276