HomeMy WebLinkAboutDSD-20-026 - A 2020-013 - 544 Bridgeport RdStaff RepoifK�i-'(]HF:NF R
Development Services Department wwwkitchener.a
REPORT TO: Committee of Adjustment
DATE OF MEETING: February 18, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070
WARD: 1
DATE OF REPORT: February 10, 2020
REPORT NUMBER: DSD -20-026
SUBJECT: Application A2020-013
544 Bridgeport Road
Owner — Bridgeport at Lancaster (MennoHomes Inc.)
Applicant — Brian Torrens, Edge Architects Ltd.
Approve
Subject Property: 544 Bridgeport Road
Background:
The City of Kitchener Site Plan Review Committee granted Approval in Principle for a five storey mixed
institutional/residential development on January 15, 2020. Through the detailed review of the
development proposal, it was determined that a minor variance application was required to permit a
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maximum building height of 17.4 metres. The proposal includes the demolition of the existing St.
Paul's Lutheran Church and the construction of two new mixed use buildings, proposed to be
developed in two phases.
The first phase (Building 1) includes new congregation space for St. Paul's Lutheran Church as well
as community space for Parents for Community Living. Upper floors are proposed to include 48
dwelling units, including affordable housing units.
Conceptual Rendering of Phase 1
Building 2 (Phase 2) is not proposed to be built at this time and will be subject to a future site planning
process.
Report:
The subject property is designated as Mixed Use in the City's Official Plan and zoned as Low Intensity
Mixed Use Corridor (MU -1) with Special Regulation Provision 624R (which permits freestanding retail
uses within existing and new buildings, to a maximum gross floor area of 1,000 square metres). The
maximum building height permitted in the MU -1 zone is 13.5 metres.
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Development Services Department wwwkitchener.ca
Through the approval of the first stage of Zoning By-law 2019-051 (CRoZBy project), the zoning of the
property was changed to Mixed Use Two (MIX -2) with Site Specific Provision 41 (which permits a
maximum gross floor area of 1,000 square metres for each individual freestanding retail outlet within
existing and new buildings; and, permits a food store in a mixed use development to a maximum gross
floor area of 5,000 square metres). The maximum permitted height in the new zone is 25.0 metres or
8 storeys.
Zoning By-law 2019-051 is currently under appeal, and as such, the development proposal must
comply to both Zoning By-law 85-1 and Zoning By-law 2019-051. Other than the proposed maximum
building height, the proposed development meets all regulations of both zoning by-laws.
Minor Variance Application A2020-013 requests a building height maximum of 17.4 metres whereas
13.5 metres is currently permitted under Zoning By-law 85-1.
The Owner and the Applicant held an Information Meeting on January 28, 2020 and invited interested
residents to learn more about the development proposal and the requested variances. Planning staff
attended that meeting and answered questions, and has received additional comments from some
residents of Lang Crescent. Those comments were provided to members of the Committee of
Adjustment through the Committee Coordinator.
A site inspection as conducted on January 15, 2020.
Planning Comments:
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.
1. General Intent of the Official Plan
The subject property is located within the Urban Corridor Intensification Area as shown on the City's
Urban Structure map. The planned function of Urban Corridors is to provide for a range of retail and
commercial uses and intensification opportunities that should be transit -supportive.
The property is designed as Mixed Use in the Official Plan. The Mixed Use land use designation plays
an important role in achieving the planned function of the Intensification Areas of the City's Urban
Structure. Lands designated Mixed Use have the capacity to accommodate additional density and
intensification of uses. Permitted residential uses may include those medium and high rise residential
uses permitted in the Medium Rise Residential and High Rise Residential land use designations.
Development and redevelopment of properties will be encouraged to achieve a high standard of urban
design, be compatible with surrounding areas, be transit -supportive as well as cycling and pedestrian -
friendly. The policies encourage a mixture of permitted uses within a building. Generally, no building
will exceed 8 storeys or 25 metres in height, whichever is greater at the highest grade elevation, on
lands designated Mixed Use as an Urban Corridor. The subject property is subject to Specific Policy
15 which permits free-standing retail uses within new buildings, to a maximum gross floor area of
1,000 square metres.
An objective of the Official Plan is to provide for an appropriate range, variety and mix of housing types
and styles, densities, tenure and affordability to satisfy the varying housing needs of our community
through all stages of life. The City favours a land use pattern which mixes and disperses a full range
of housing types and styles both across the city as a whole and within neighbourhoods.
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The Official Plan supports housing assistance to be provided to members of the community who have
difficulty accessing safe, suitable and affordable housing. The City, in cooperation with senior levels
of government, the Region, private landlords, builders and community groups will continue to utilize
existing programs and seek improved and cost effective senior government assistance to provide a
range of housing options that address affordable housing needs.
Policies in the Official Plan encourage and support affordable housing to locate in close proximity to
public transit, commercial uses, and other compatible non-residential land uses, parks and community
facilities and have convenient access to community, social and health services.
The Housing polices in the Official Plan provide direction when a minor variance is requested to
facilitate residential intensification or a redevelopment of lands. Any new buildings must be
appropriate in massing and scale and be compatible with the built form and the community character
of the established neighbourhood. The site must be able to function appropriately and not create
unacceptable adverse impacts for adjacent properties by providing both an appropriate number of
parking spaces and an appropriate landscaped/amenity area on the site. The impact of a variance
cannot compromise the site in achieving objectives of compatible and appropriate site and
neighbourhood design and should not create further zoning deficiencies.
The proposed building is appropriate in massing and height and is compatible with the built form and
the community character of the established neighbourhood. The buildings are five storeys in height,
but are positioned toward Lancaster and Bridgeport Streets. The buildings will be buffered from
adjacent low rise residential uses with setbacks and landscaping. It should be noted that at this time,
only the location of Building 1 is being finalized as part of the site plan approval process. An additional
site plan approval process will be required once plans are finalized for Building 2 (Phase 2).
The proposed setbacks are sufficient to ensure that adequate landscaping can be provided to screen
around the entire site. The landscape buffer around the site will accommodate landscaping, a visual
barrier, and in some locations, retaining walls. A visual barrier is required by both Zoning By-laws in
any location where the surface parking lot is adjacent to another residential property.
The site can function appropriately, has a sufficient number of parking spaces and provides a
functional landscaped/amenity area on site. There is sufficient green spaces on site to provide outdoor
amenity areas for the future residents of the building. On-site parking is provided in accordance with
both zoning by-laws. Details such as lighting, landscape design and materials, amenity areas,
fagades, and site layout and configuration will continue to be refined through the site planning process
with additional review and approval of subsequent detailed design plans and drawings. The site
planning process will also include a development agreement which will ensure the long-term
maintenance and upkeep of the site. Site Plan Control will be used in accordance with the Planning
Act as a means of achieving a well-designed, functional, accessible, and sustainable built form.
For the reasons, Planning Staff is of the opinion that the general intent of the Official Plan is
maintained.
2. General Intent of the Zoning By-law
The requested minor variance to increase the maximum height in requested from the MU -1 zone in
Zoning By-law 85-1. The intent of the maximum building height is to create a height limit for future
developments to ensure that these are appropriately scaled. Given the size of the subject lands,
and given that the existing building is being demolished, the new buildings can be located on the
subject lands adjacent to the streetscape and adequately separated from adjacent low rise
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residential uses. There will be limited impact of the additional 3.9 metres of building height on
adjacent properties.
Planning Staff is of the opinion that the requested minor variance meets the general intent of Zoning
By-law 85-1.
The approved 2014 Official Plan implemented a new Urban Structure component along with new
land use designation policies which permit building heights of up to 8 storeys and 25 metres for the
subject lands. Additionally, new zoning has been approved for the subject lands which permit a
maximum building height of 8 storeys and 25 metres, however Zoning By-law 2019-051 is under
appeal. To further guide building height and setbacks, the City's new Urban Design Manual provides
further guidance for site design, set backs, separation, and built form to consider when determining
appropriate building design considerations, including maximum height.
The City's Urban Design Manual applies to all properties within the City and there are several sections
that apply to the subject lands, including City-wide design guidelines. All guidelines will be applied
through the site planning stage, but the Mid -Rise Buildings Design Guidelines were specifically relied
on in reviewing of the building height. A mid -rise building is any building that is between four and eight
storeys. When considering the appropriate placement of building mass, the design should respond to
both the existing and planned context of the area, including concentrating height and mass towards
the Lancaster Street Mixed Use Corridor. Mid -rise buildings are to be contemporary and not replicate
existing or historical architectural styles. Mid -rise buildings are to have a human -scaled relationship to
the public realm. When considering the maximum length and the maximum height of the proposed
building, the suggested separation from shared property lines 3.7 metres. However, the base MU -1
and MIX -2 zones require a minimum setback of 7.5 metres from any property with a residential zone.
The proposed setback from the closest residentially zoned property is 9.0 metres — however that
setback is for Building 2 which is subject to further review.
Planning Staff is of the opinion that the requested minor variance meets the general intent of Zoning
By-law 2019-051.
3. Is the Variance Minor?
The subject lands are planned to accommodate intensification. The requested variance for a building
height of 17.4 metres would permit a marginal increase to the maximum building height of 13.5
metres permitted in the MU -1 zone in Zoning By-law 85-1. The proposed maximum height is within
the permitted range (maximum 25.0 metres) of the new MIX -2 zone in Zoning By-law 2019-051. The
buildings are designed to address the street and are an appropriate height given the planned function
and form of the Lancaster Mixed Use Corridor intensification area.
Therefore, Planning Staff is of the opinion that the requested minor variances are minor.
4. Is the Variance Appropriate?
The buildings can be positioned on the site to address the public realm and be adequately integrated
into the surrounding community and Lancaster Mixed Use Corridor. The requested variance would
permit the redevelopment of the property with a mixed institutional and residential use.
Planning Staff is of the opinion that the variances are appropriate.
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Development Services Department
Building Comments:
The Building Division has no objections to the proposed minor variance.
Transportation Comments:
Transportation Services have no concerns with the proposed application.
Heritage Comments:
Heritage Planning staff has no concern with this application.
Engineering Comments:
Engineering staff have reviewed the application and have no concerns.
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Environmental Planning Comments:
Environmental Planning staff have reviewed the application and have no concerns. The Tree
Management Policy will be addressed through the Site Plan Process.
RECOMMENDATION:
That Minor Variance Application A2020-013 requesting a building height maximum of 17.4
metres whereas 13.5 metres is currently permitted under Zoning By-law 85-1, be approved.
Garett Stevenson, B.E.S., MCIP, RPP
Senior Planner
Juliane von Westerholt, B.E.S., MCIP, RPP
Senior Planner
Region of Waterloo
January 29, 2020
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
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
2) 55 DUKE STREET WEST ANDRIN CITY
CENTRE PHASE II
5) 1333 WEBER STREET EAST PAMATA
HOSPITALITY INC
6) 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2020-008 — 141 Whitney Place — No Concerns.
2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke
Street — No Concerns.
3) A 2020-010 — 25 Wellington Street North — No Concerns.
4) A 2020-011 — 23 Forfar Avenue — No Concerns.
5) A 2020-012 — 1333 Weber Street East — No Concerns.
6) A 2020-013 — 544 Bridgeport Road — No Concerns.
7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns.
8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — 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
Document Number: 3186251
Page 1 of 2
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
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228
Technician E-mail: aherreman@grand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: February 7, 2020 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2020-009
120, 130 & 140 King St W, 31
A 2020-010
25 Wellington Street North
A 2020-011
23 Forfar Avenue
A 2020-012
1333 Weber Street East
A 2020-013
544 Bridgeport Road
A 2020-014
2121 Hidden Valley Crescent
A 2020-015-018
28 Burgetz Avenue
Applications for Consent:
B 2020-005 826 Frederick Street
B 2020-006 826 Frederick Street
B 2020-007-009 28 Burgetz Avenue
Young St & 55 Duke St W
GRCA COMMENT:
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.
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 Page 1 of 1
and mandate of the Grand River Conservation Authority.
To whom it may concern
Hello I am writing to you because I am looking for help with a situation we are dealing with on
Lang Crescent in Kitchener. My neighbor's and I were invited to an information meeting on
January 28th, 2020 at 5t Paul's Evangelical Lutheran Church. The meeting was held by Chan
Driedger from Menno Homes. This meeting was to discuss their plans to build a new low-rise
building that would include 45 residential apartments (or so we were initially told in a letter
dated Oct 10, 2019), As I am sure you know from the previous articles in the Waterloo Region
Record this building has been partially funded by the federal, provincial and municipal
governments because of our lack of affordable housing. I personally, as well as all neighbors
who signed this letter, think that the church is doing the right thing, by using their land to try
and help people who cannot afford the outrageous rents in this region. Like anything, this will
come at a cost, and the cost is to us, the homes on Lang Crescent.
I am not going to go on, about "not in my backyard", because it obviously has to go somewhere
and the church is truly doing something honorable. The meeting started out telling us they
wanted this to be a good situation for all, and thus, why were invited to this meeting, He went
on about wanting this to be good not only for the new residents, but to the existing
neighborhood as well.
The bomb was then dropped, telling us there are plans in the works to build a second building
(phase 2). We were then shown the three different proposed plans that Menno Homes came
up with. The third and final plan that was seemly accepted by the Region, put this second
phase 30 ft. from the property lines of all existing backyards. This building will tower over the
backyards of the homes on Lang Crescent, giving us complete shade all day. The impact of the
proposed 5 story building is amplified by the fact that the existing grade of the owners lets is
already 5-10 meters lower than the existing church lot now. Being this low also leaves us to
breathe in the emissions and fumes from a hundred cars that will be coming and going in and
out of the church lot and then settling right into the backyards of the people and properties on
the down slope. This second building is now potentially detrimental to the health and well-
being of property owners and pets.
It does not matter to anyone on the municipal level, who are planning the proposed five story
building, where everyone will be looking down into our yards, whether we like it or not. Most
residents affected have spent 20-35 years retrospectively living in this neighborhood, paying
taxes and being good abiding citizens. When we purchased our homes many years ago we
purchased it for the seclusion and peacefulness of having the church behind us, and the zoning
bylaws were a major influence in our decision making.
They are now applying to change variance by-laws to be able to build up 5 stories instead of the
3 they are currently allowed. If this passes how many other people will have to just deal with
whatever the city deems acceptable. They do this with no qualms at all for the privacy and the
lives that have been built here. In February of 2018 1 wrote to the city of Kitchener and directly
asked in layman's terms for a better understanding why the zoning was being changed. They
sent me back a letter basically telling me nothing. I have attached that correspondence. The
city's plan to change the zoning in our neighborhood is NOT in the best interest of the residents,
just in the Municipality's. To change because it suits their purpose. Does this seem like they
are considering the existing neighborhood? l think not.
Menno Homes and the Municipality explained different aspects of how this would affect, our
already established neighborhood back yards. Going into such topics as adequate buffering,
sloping, grading, and fencing. We brought up the concern of already congested traffic at the
corner of Bridgeport Rd and Lancaster during rush hours. Our answer to this came from Garett
Stevenson from the City of Kitchener, They do not even take this factor into the equation until
after all of the calamity has been created. They have to wait until tax dollars come in to
complete any road work.
We have no problems with the first phase of this project and we welcome it to the community.
The second part (the third proposal for Phase 2) of this project will change our lives, produce
more emissions directly into the yards, bring down the value of all properties and take away
any privacy we once had.
The first two proposals of these plans for phase 2, kept the second building far enough away
from the property lines, that we would not be as deeply affected. The region turned these
plans down. We were never given an acceptable reason why, after all we are just a few homes
and apparently we don't really have a say in anything. They talked of green space and moving
utilities. Why don't they put the green space up to our properties? I see no viable reason that
the first plans ( A & B) for this project cannot be taken into consideration.
We were told at the eleventh hour that they will break ground in March or April of this year and
finish in the summer of 2021. We feel we have been purposely hoodwinked starting 2 years
ago when the city was changing all the zoning in Bridgeport. They spoke of and to quote them
"a sense of urgency and timeline requirements", because the starting of the first building
directly correlates to the acceptance of phase 2 (i.e. the parking lot). They actually even
brought up approval in principal, which when I asked what they meant by this, they said it was
a made up process with no legal status. Did they even consider for one moment what the
impacts would be on all the people in these neighborhoods? I am very happy in my home, and
all my neighbors are as well. Please help us to deal with the weight of a few people trying to
make the Waterloo Region see reasoning, that the homes on Lang Crescent are just as
important as the ones they are trying to build.
To reiterate, we have no quarrel with the Church & Menno Horses in this regard, again we
welcome phase 1 to the neighborhood, our problem is with the Region of Waterloo who
flagrantly dismissed plans drawn up by Menno Homes that would benefit the homeowners on
Lang Crescent as well as all our new neighbors.
Please consider this letter a formal objection by all properties behind 544 Bridgeport Rd., to the
currently requested change for any further stories on any buildings over and above the current
allowed maximum of three, (13.5 m) and to the proposed building of phase 2 so close to all
properly lines of the homeowners on Lang Crescent.
11 Lang Cr.
Kitchener, On
Is currently under construction and has no persons in residence