HomeMy WebLinkAboutDSD-2023-314 - A 2023-080 - 15 Dellroy Avenue
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 18, 2023
SUBMITTED BY: Tina Malone-Wright, Interim Manager, Development Review
519-741-2200 ext. 7765
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 x7869
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: July 5, 2023
REPORT NO.: DSD-2023-314
SUBJECT: Minor Variance Application A2023-080 - 15 Dellroy Avenue
RECOMMENDATION:
That Minor Variance Application A2023-080 for 15 Dellroy Avenue requesting relief from the
following sections of Zoning By-law 2019-051:
źΜ Requesting relief from Section 7.3, Table 7-6, to permit a front yard setback of 1 metre
instead of the minimum required front yard setback of 3 metres and to permit an
interior side yard setback of 0 metres instead of the minimum required interior side
yard setback of 4.5 metres;
źźΜ Requesting relief from Section 5.6, Table 5-5, to allow 0.6 parking spaces per dwelling
unit (167 parking spaces) and 0.08 visitor parking spaces per dwelling unit (24 parking
spaces) instead of the minimum required 1 parking space per dwelling unit (277
parking spaces) and 0.10 visitor parking spaces per dwelling unit (28 parking spaces);
źźźΜ Requesting relief from Section 5.3.4 b) ii) to allow parking spaces and drive aisles on
the ground floor of a multiple dwelling building to be not entirely behind the area on
the ground floor devoted to permitted uses abutting a street line facade, whereas the
by-law requires all parking spaces and drive aisles to be behind the area devoted to
permitted uses abutting a street line facade; and
źǝΜ Requesting relief from section 4.5 a) to allow encroachments into the Driveway
Visibility Triangle (DVT) abutting Weber Street East whereas no encroachments into
the Driveway Visibility Triangle (DVT) are allowed in;
to facilitate the development of an 18-storey mixed-use building with residential and
commercial uses while retaining the existing 6-storey apartment building in accordance with
Site Plan Application SP22/158/D/BB, BE DEFERRED to a future meeting date agreeable to
the Applicant.
REPORT HIGHLIGHTS:
The purpose of this report is to review and recommend Deferral of a Minor Variance Application
to facilitate the development of an 18-storey mixed use building on the subject property.
Site Plan Application SP22/158/D/BB to facilitate the proposed development has received
Conditional Approval.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Region of Waterloo Staff have identified some potential concerns with the DVT Minor Variance
due to a proposed road widening along Weber Street East. The Applicant is agreeable to some
more detailed work being completed by an Ontario Land Surveyor to establish the road widening
and confirm the location of the proposed building relative to the newlot line and CVT and DVT.
Community engagement included a notice sign being placed on the property advising that a
Committee of Adjustment application has been received, notice of the application was mailed
to all property owners within 30 metres of the subject property and this report was posted to the
.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject property, municipally known as 15 Dellroy Avenue, is located at the intersection of
Dellroy Avenue and Weber Street East. The subject property before the required 1.7 metre Weber
Street East road widening is 5,720 m2 or 0.572 hectares and roughly square in shape with 73.1
metres of frontage along Weber Street East and 76.7 metres of frontage along Dellroy Avenue (see
Image 1 above). After the required road widening, the subject property is 5,587 m2 or 0.55 hectares
with the same frontage along Weber Street East and 75 metres along Dellroy Avenue.
Image 1 15 Dellroy Avenue
Currently there is an existing 6-storey apartment building on the subject property fronting onto
Dellroy Avenue which was originally constructed in the 1970s(see Image 2). Surface parking located
in the northwestern corner of the site is accessed from Dellroy Avenue to the north of the existing
apartment building (Underground parking is accessed via Weber Street East to the east of the
existing building. A grassed, sloped area covers the eastern half of the property (see Image 1). This
area includes an L-shaped existing foundation wall within the eastern portion of the front yard and
the northern portion of the interior side yard. The foundation wall was originally intended to support
the construction of a second apartment building in an abandoned second phase of the project, and
had been covered by the grassed, sloped area to maintain a safe condition on site.
The applicant is proposing to construct an 18-storey mixed-use building with a 4-storey podium
fronting Weber Street East while retaining an existing 6-storey, 46 dwelling unit apartment building
and associated underground parking structure. The new building will include 231 dwelling units in
the tower and podium. 200 parking spaces are proposed at the surface and underground for all uses
on the site. Specifically, 71 parking spaces are proposed on a reconfigured surface parking area,
which is accessed via the existing Dellroy Avenue surface parking access and via a new Weber
Street East access to facilitate fire truck movements. 109 parking spaces are provided in two
underground levels via a new dedicated access from Weber Street East and 20 parking spaces are
provided under the existing 6-storey apartment building, accessed via the existing Dellroy Avenue
access, and connected to the new underground parking structure on the second underground level.
The applicant is in discussions with the Ministry of Transportation (Ontario) in consideration of a
long-term lease of the vacant MTO lands directly across Dellroy Avenue for up to 120 additional
surface parking spaces. Any such leased parking is not permitted to count toward meeting Zoning
By-Law requirements.
Image 2 Photo of 15 Dellroy Avenue
Image 3 Proposed Site Development
REPORT:
Planning Comments Minor Variance Applications
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
Map 3 of th
pedestrian linkages and be integrated with
retail and
commercial uses and intensification opportunities that should be transit supportive
development and redevelopment must have a Floor
Space Ratio between 2.0 and 4.0. The minor variances to facilitate this development will meet the
intent of the Official Plan.
General Intent of the Zoning By-law
--law
2019--residential uses. This zone category
requires a minimum Front Yard and Exterior Yard Setback of 3.0 metres and a minimum Interior
Side Yard Setback of 4.5 metres. Section 5 of the Zoning By-law (Parking, Loading, and Stacking)
requires 1.0 parking spaces per dwelling unit plus 0.1 per dwelling unit of visitor parking and 1.0
parking spaces per 33 m2 of non-residential GFA. It further requires that ground floor parking spaces
and drive aisles for multiple dwelling buildings be located entirely behind permitted uses abutting the
street line façade of the building, such as the proposed residential and non-residential uses, except
for access. Section 4 of the Zoning By-Law (General Regulations) requires driveway visibility
triangles at all driveway accesses and restricts any obstructions to visibility, including buildings,
except for objects 0.9 metres or less in height from the ground or objects higher than 5 metres in
height from the ground.
The minor variances have been reviewed in the context of Site Plan Application SP22/158/D/BB to
ensure that the proposal and built form support the planned function of the land use designation and
intent of the zone category and Zoning By-law. Accordingly, the intent of the Zoning By-law will be
maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects of the variances will be minor. The proposed development has been reviewed to ensure
that it is compatible in built form and can function appropriately on the subject lands. A Transportation
Impact Study and Parking Study has been submitted and accepted by Transportation Planning Staff.
Also as Site Plan Application SP22/158/D/BB, to facilitate this development, has received conditional
approval, the effects of the variances will be minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The minor variances are desirable and appropriate as they will facilitate the development of an 18-
storey mixed-use building with a 4-storey podium fronting Weber Street East while retaining an
existing 6-storey, 46 dwelling unit apartment building and associated underground parking structure.
The new building will provide an additional 231 dwelling units, for a total of 277 dwelling units and
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances provided a building permit for the
new residential building is obtained prior to construction. Please contact the Building Division at
building@kitchener.ca with any questions.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
No concerns
Transportation Planning Comments:
It should be noted that Paradigm Transportation Solutions Limited submitted (November 2022) a
Transportation Impact Study and Parking Study, which was reviewed by Transportation Services.
Transportation Services staff have dealt with the applicant regarding the proposed parking rate and
encroachments into the driveway visibility triangles and are supportive of both.
Grand River Conservation Authority Comments:
No objections or concerns.
Region of Waterloo Comments:
The Regional staff do not support this minor variance application. Any structures within the Daylight
Triangle (DLT) and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the Region), will not be
allowed. The buildings and the site must be designed accordingly.
Planning Staff Comments:
Site Plan Application SP22/158/D/BB received Conditional Approval on May 15, 2023. During the
review of the Site Plan there was considerable dialogue with the Region with respect to the required
road widenings, the location of the building and proposed landscaping within the Regional Road
allowance. There are 2 triangles in this location, a Corner Visibility Triangle (CVT) and a Driveway
Visibility Triangle (DVT). The
the corner of Weber Street Eat and Dellroy Avenue. The applicant has requested a Minor Variance
with respect to the Driveway Visibility Triangle (DVT). Some survey work needs to be done to confirm
the road widening and the impacts to the proposed development. In any case, the applicant can
confirm that building will be adjusted to comply with the Regional CVT. However, in the absence of
this more detailed survey work to establish the road widening and confirm the location of the
proposed building relative to the new lot line and CVT and DVT, the Applicant has requested to defer
this application.
Corner Visibility Area - means the area formed within a corner lot by two triangles, where the
intersecting street lines form the legs of each triangle, and the triangles extend from the street
linepoint of intersection.
Corner Visibility Triangle means a triangular area formed within a corner lot by the intersecting
street lines or the projections thereof, and a straight line connecting them from their point of
intersection.
Driveway Visibility Triangle means a triangular area formed within a lot by the intersection of an
edge of a driveway and a lot line, or the projections thereof, and a straight line connecting them from
their point of intersection.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the Region of Waterloo
Zoning Regulated Area, specifically under the Take-off/Approach Surface for Runway 08. Using the
Region of Waterloo International Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-update.aspx), the permitted
building height for the subject property is 399.5m Above Sea Level (ASL), the maximum building
height is 75.5m based on a maximum ground level of 324m ASL. Please ensure that the building
heights for the proposed development comply with the Region of Waterloo Airport zoning and height
restrictions. The Region of Waterloo International Airport AZR also regulates any construction of
towers/cranes for a proposed development. Any proposed development at this location must ensure
that construction towers/cranes also comply with the Region of Waterloo International AZR.
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 find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan (ROP)
ROPA 6
Official Plan (2014)
Zoning By-law 2019-051
June 30, 2023
Alison Fox
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (5) 08 WEBER KIT, 15 DELLROY AVENUE
Kitchener, 2296342 ONTARIO INCORPORATED
ON N2G 4G7
(12) VAR KIT, 30 AND 40 MARGARET
AVENUE ACTIVA HOLDINGS
Subject: Committee of Adjustment Meeting July 18, 2023, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2023 - 076 912 Otterbein Court No Concerns.
2) A 2023 - 077 176 Indian Road No Concerns.
3) A 2023 - 078 35 Fifth Avenue There are no conditions for this application.
However, the owners are advised that the proposed and existing dwelling(s) on
the subject lands would have impacts from the transportation noise in the vicinity.
The owners are responsible for ensuring that the subject development does not
have any environmental noise impacts. In the absence of a detailed noise study,
the staff strongly recommend that all dwelling units be installed with air-ducted
heating and ventilation system, suitably sized and designed for the provision of
central air conditioning. This will avoid retrofit at any later application stage, e.g.
Consent/Condo.
There are no airport-specific concerns for the proposed development. However,
the owners are advised that the subject lands are located within the Airport
Zoning Regulated area and specifically under the runway take-off/approach
surface; and, as such, subject to all provisions of the Airport Zoning Regulations.
4) A 2023 - 079 55 Rockcliffe Drive No Concerns.
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5) A 2023 080 15 Dellroy Avenue The Regional staff do not support this
minor variance application. Any structures within the Daylight Triangle (DLT)
and any encroachment under, at or above the ground within the Regional right of
way, including the daylight triangle (including the lands to be dedicated to the
Region), will not be allowed. The buildings and the site must be designed
accordingly.
Airport Zoning (Advisory):
The owners/applicants are also advised that the subject property falls within the
Region of Waterloo Zoning Regulated Area, specifically under the Take-
off/Approach Surface for Runway 08. Using the Region of Waterloo International
Airport Zoning Regulations (AZR) online tool
(https://www.waterlooairport.ca/en/about-ykf/airport-zoning-regulations-
update.aspx), the permitted building height for the subject property is 399.5m
Above Sea Level (ASL), the maximum building height is 75.5m based on a
maximum ground level of 324m ASL. Please ensure that the building heights for
the proposed development comply with the Region of Waterloo Airport zoning and
height restrictions. The Region of Waterloo International Airport AZR also
regulates any construction of towers/cranes for a proposed development. Any
proposed development at this location must ensure that construction
towers/cranes also comply with the Region of Waterloo International AZR.
6) A 2023 - 081 333 Pine Valley Drive No Concerns.
7) A 2023 - 082 685 Frederick Street No Concerns.
8) A 2023 - 083 15 Kenora Drive No concerns/conditions for this application. Staff
note that the subject lands are located within the Airport Zoning Regulated area
and specifically under the runway take-off/approach surface; and, as such,
subject to all provisions of the Airport Zoning Regulations.
9) A 2023 - 084 151 Frederick Street There are no conditions for this application.
However, the applicants are advised that they are responsible for ensuring that
the proposed development does not have any environmental noise impacts (both
on-site and off-site).
10) A 2023 - 085 920 Keewatin Place No Concerns.
11) A 2023 086 59 Graber Place Although there are no conditions for this
application, the staff note that there are noise-sensitive land uses, specifically the
backyards of many residential dwellings, in the immediate vicinity of the subject
lands, which may have impacts from the noise from the proposed storage related
activities. The staff recommend that the City staff look into this as deemed
appropriate.
2
12) A 2023 087 30-40 Margaret Avenue 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
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Marilyn Mills, City of Kitchener
CofA@Kitchener.ca
3
June 29, 2023via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July18, 2023
Applications for Minor Variance
A 2023-077176 Indian Road
A 2023-07835 Fifth Avenue
A 2023-07955 Rockcliffe Drive
A 2023-08015 Dellroy Avenue
A 2023-081333 Pine Valley Drive
A 2023-082685 Frederick Street
A 2023-08315 Kenora Drive
A 2023-084151 Frederick Street
A 2023-085920 Keewatin Place
A 2023-08730-40 Margaret Avenue
Applicationsfor Consent
B 2023-02597 Second Avenue
B 2023-02630-40 Margaret Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications.The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman,CPT
Resource Planning Technician
Grand River Conservation Authority