Submission No.: B 2023-004 & A 2023-014 to 015
Applicants: 550 King Street GP Inc.
Property Location: 530 & 550 King Street East
Legal Description: Lot 9, Plan 323,Part Lots 10-11, Plan 323, Part Lots 1-2, Plan 100; being parts 1 & 2 on Reference Plan 58R-6892, being parts 1 & 2 on Reference Plan 58R-7608, except Part 3 on Reference Plan 58R-12367
Appearances:
In Support:
D. Galbraith
M. Bollen
Contra:
C. Letnick
Written Submissions:
R. Fantina & E. Stone-Fantina
D. Galbraith
The Committee was advised the applicant requested permission to consent to sever a parcel of land having a width of 18.5m, a depth of 40.0m and an area of 624.0 sq.m that will contain an existing building, municipally addressed as 550 King Street East. Minor variances to Zoning By-law 85-1 are also being requested for the proposed severed lands, to permit a side yard setback abutting King Street East of 0.17m rather than the required 1.5m; a rear yard setback of 1.2m rather than the required 7.5m; and, an exemption from the Special Regulation Provision 285R to permit 0 parking spaces rather than the required 32 parking spaces, in order to recognize the location of the existing commercial building on the proposed severed lands. The retained land will have a width of 29.3m, a depth of 42.5m and an area of 1,418.8 sq.m and will be municipally addressed as 530 King Street East. Minor variances to Zoning By-law 85-1 are also being requested for the proposed retained lands to permit an exemption from the Special Regulation Provision 541R to permit a rear yard setback of 1.7m rather than the required 7.5m; a building height of 32.5m rather than the maximum permitted 24.0m; and, and to permit 22 parking spaces rather than the required 60 parking spaces for residential use, to facilitate the redevelopment of the lands with a 9-storey residential building having 60 dwelling units.
The Committee considered Development Services Department report DSD-2023-042, dated January 6, 2023, recommending approval with conditions as outlined in the report.
The Committee considered the report of the Region of Waterloo Transportation Planner, dated January 3rd, 2023 and January 4, 2023, advising they have no concerns with the subject application, subject to conditions as outlined in the report.
The Committee considered the report of the Grand River Conservation Authority Resource Planning Technician dated January 4, 2023, advising they have no concerns with the subject application.
D. Galbraith and M. Bollen were in attendance in support of the staff recommendation.
C. Letnick was in attendance in opposition to the application noting the proposed neighborhood plan for King Street East indicates that, the area will be Zoned Mixed-Use 3, thus the frontage of the proposed property would require commercial use on the ground level. C. Letnick questioned whether the proposed variance would allow sufficient space for future commercial use and associated requirements such as parking. In response, T. Malone-Wright noted the City previously commenced a zoning review of zoning secondary plans. In December 2019, Staff put forward new proposed zoning and land use however the project is on hold as major transit stationary boundaries must be established in the Regional Official Plan.
In response to questions from the Committee, D. Galbraith noted a shadow study was conducted through the site plan approval process however, the urban design guidelines of the City of Kitchener does not require a specific shadow criteria to be met. It was noted, the proposed development casts shadows that impact the neighbourhood however, each of the adjacent properties receive more than 50% of sunlight during the two peak interval times of day. M. Bollen also stated that many of the adjacent properties have a greater shadow impact than the proposed development. In response to questions about the variance for parking spaces, D. Galbraith noted a parking study was conducted, and findings indicate the proposed parking rates are appropriate due to its' proximity to the urban growth center boundary, public transit and commercial uses. In addition, parking would be shared between users of the existing commercial building and visitors of the proposed residential building. It was also noted, designated underground parking would be provided for residents of the proposed building.
It was discussed and agreed the Committee decision reflect permission for a 9-storey building as outlined in the minor variance application.