Agenda City Centre Community Committee July 9, 2013 PUBLIC HEARINGS Item No. 5 Variance 522 River Avenue and 99 Norquay Street (Fort Rouge-East Fort Garry Ward) File DAV 119579/2013D [c/r DASZ 20/2013] WINNIPEG PUBLIC SERVICE RECOMMENDATION: The Urban Planning Division recommends approval of the applications to vary the proposed "RMF-L" district regulations of Zoning By-Law No. 200/2006 to permit as follows: 1. for the construction of a multiple family dwelling providing: A. a front yard of 5 feet (1.552 metres) instead of 25.0 feet (7.62 metres); B. a rear yard of 0 feet (0 metres) instead of 25.0 feet (7.62 metres); C. a south side yard of 8.0 feet (2.44 metres) instead of 14 feet (4.27 metres); D. a north corner side yard of 6.25 feet (1.91 metres) instead of 20 feet (6.10 metres); E. a lot area of 13300 square feet (1235.61 square metres) instead of 20000 square feet (1858 square metres); F. a lot area per dwelling unit of 359.46 square feet (33.95 square metres) instead of 400 square feet (37.16 square metres); 2. the establishment of an accessory parking area to permit 38 parking spaces instead of 44 parking spaces; subject to the following condition: 1. that, if any variance granted by this order is not established within two (2) years of the date hereof, this order, in respect of that Variance shall terminate.
Agenda City Centre Community Committee July 9, 2013 File: DAV 119579/2013D Applicant: Premises Affected: Arlyn Recones (Neil Cooper Architect Inc.) 522 River Avenue and 99 Norquay Street Legal Description: Lot 1 Plan 47371 37 St B and Lot 207 Plan 102 37 St B, hereinafter called the land Property Zoned: Zoning Atlas Sheet: Nature of Application: RMF-M (Residential Multi-family, Medium) Proposed RMF-L (Residential Multi-family, Large) AB24 To vary the proposed RMF-L district regulations of the Winnipeg Zoning By-law No. 200/2006 to permit as follows: 1. For the construction of a multiple family dwelling providing: A. A front yard of 5 feet (1.52 metres) instead of 25.0 feet (7.62 metres); B. A rear yard of 0 feet (0 metres) instead of 25.0 feet (7.62 metres); C. A south side yard of 8.0 feet (2.44 metres) instead of 14 feet (4.27 metres); D. A north corner side yard of 6.25 feet (1.91 metres) instead of 20 feet (6.10 metres); E. A lot area of 13,300 square feet (1,235.61 square metres) instead of 20,000 square feet (1,858 square metres); F. A lot area per dwelling unit of 359.46 square feet (33.95 square metres) instead of 400 square feet (37.16 square metres); 2. The establishment of an accessory parking area to permit 38 parking spaces instead of 44 parking spaces. Exhibits Filed: 1. Application dated June 19, 2013 2. Notification of Public Hearing dated June 10, 2013 3. Manitoba Status of Titles 2641304/1, 2641306/1 4. Copy of Caveat 3614377
Agenda City Centre Community Committee July 9, 2013 5. Letter of authorization dated April 9, 2013 from Ben Lount, Secretary, 6621104 Manitoba Ltd. to Arlyn Recones 6. Confirmation from the Zoning and Permits Administrator that the subject property may be posted in substitution for newspaper advertising 7. Plans, Sheets 1 to 7 inclusive, for File DAV 119579/2013D dated May 9, 2013 8. Report from the Urban Planning Division dated July 2, 2013 9. Inspection Report The Winnipeg Public Service to advise that all statutory requirements with respect to this application have been complied with. REPRESENTATIONS: In Support: In Opposition: For Information: For the City:
Agenda City Centre Community Committee July 9, 2013 Moved by Councillor That the report of the Winnipeg Public Service be taken as read. Moved by Councillor That the receipt of public representations be concluded. Moved by Councillor / not be concurred in. That the recommendation of the Winnipeg Public Service be concurred in Moved by Councillor That criteria (a) to (d) of Subsection 247(3) of The City of Winnipeg Charter set out below, are / are not satisfied: (a) (b) (c) (d) is consistent with Plan Winnipeg, and any applicable secondary plan; does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; is the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and is compatible with the area in which the property to be affected is situated. Moved by Councillor That the public hearing with respect to this application be concluded.
Exhibit 8 referred to in File DAV 119579/2013D ADMINISTRATIVE REPORT Title: Issue: Critical Path: DAV 13-119579/D - 522 River AVE & 99 Norquay ST For consideration at the public hearing for Variances associated with the construction of a multi-family dwelling. City Centre Community Committee as per the Development Procedures By-law and The City of Winnipeg Charter. AUTHORIZATION Author Department Head CFO CAO B. Smith n/a n/a RECOMMENDATIONS The Urban Planning Division recommends approval of the applications to vary the proposed "RMF-L" district regulations of Zoning By-Law No. 200/2006 to permit as follows: 1. for the construction of a multiple family dwelling providing: A. a front yard of 5 feet (1.552 metres) instead of 25.0 feet (7.62 metres); B. a rear yard of 0 feet (0 metres) instead of 25.0 feet (7.62 metres); C. a south side yard of 8.0 feet (2.44 metres) instead of 14 feet (4.27 metres); D. a north corner side yard of 6.25 feet (1.91 metres) instead of 20 feet (6.10 metres); E. a lot area of 13300 square feet (1235.61 square metres) instead of 20000 square feet (1858 square metres); F. a lot area per dwelling unit of 359.46 square feet (33.95 square metres) instead of 400 square feet (37.16 square metres); 2. the establishment of an accessory parking area to permit 38 parking spaces instead of 44 parking spaces. Subject to the following condition(s): 1. That, if any variance granted by this order is not established within two (2) years of the date hereof, this order, in respect of that Variance shall terminate.
REASON FOR THE REPORT The applicant is proposing to consolidate the site from two (2) lots into one (1) lot and rezone the property to RMF-L Residential Multi-Family - Large in order to construct a 37-unit multifamily development. In doing so, a number of variances are required. Variances require a Public Hearing as per the Development Procedures By-law and The City of Winnipeg Charter. The Report is being submitted for the Committee s consideration of the development application at the Public Hearing. IMPLICATIONS OF THE RECOMMENDATIONS If the recommendations of the Urban Planning Division are concurred in, a development permit can be issued for the development as proposed. HISTORY N/A CONSULTATION In preparing this Report there was consultation with: N/A SUBMITTED BY Department Planning, Property and Development Division Urban Planning Prepared by Devin Clark Date: July 2, 2013 File No. DAV 13-119579/D
APPENDIX A DATE: July 2, 2013 FILE: DAV 13-119579/D RELATED FILES: DCU 42/86, DCU 61/87, DAV 637/97, DAV 06-146044/D, DAV 07-138886/D, DCU 06-157705/D, DAV 06-139178/D, DAV 06-131133/B, DAZ 232/06 DASZ 20/2013 COMMUNITY: City Centre Community NEIGHBOURHOOD #: 1.110 SUBJECT: To vary the proposed "RMF-L" district regulations of Zoning By-Law No. 200/2006 to permit as follows: 1) for the construction of a multiple family dwelling providing: a) a front yard of 5 feet (1.52 metres) instead of 25.0 feet (7.62 metres); b) a rear yard of 5 feet (1.52 metres) instead of 25.0 feet (7.62 metres); c) a south side yard of 8.0 feet (2.44 metres) instead of 14 feet (4.27 metres); d) a north corner side yard of 6.25 feet (1.91 metres) instead of 20 feet (6.10 metres); e) a lot area of 13300 square feet (1235.61 square metres) instead of 20000 square feet (1858 square metres); f) a lot area per dwelling unit of 359.46 square feet (33.95 square metres) instead of 400 square feet (37.16 square metres); 2) the establishment of an accessory parking area to permit 38 parking spaces instead of 56 parking spaces. LOCATION: LEGAL DESCRIPTION: APPLICANT: OWNER: RECOMMENDATION: 522 River AVE & 99 Norquay ST LOT 1 PLAN 47371 37 ST B & LOT 207 PLAN 102 37 ST B Arlyn Raccones Neil Cooper Architect Inc. 395 BERRY ST UNIT 10 WINNIPEG MB R3J 1N6 6621104 MANITOBA LTD. 1712 PORTAGE AVE UNIT 1810 WINNIPEG MB R3J 0E3 Approval CRITERIA FOR APPROVAL Pursuant to Section 247(3) of the City of Winnipeg Charter, a Zoning Variance application can be approved if the proposed development: (a) (b) (c) (d) is consistent with Plan Winnipeg and any applicable secondary plan; does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; is the minimum modification of a zoning-by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and is compatible with the area in which the property to be affected is situated.
REPORT SUMMARY The applicant is proposing to subdivide the properties at 522 River Ave. and 99 Norquay St. and rezone the land to RMF-L Residential Multi Family Large. The intent is to develop a four (4) storey, 37 unit multi-family dwelling. The Urban Planning Division recommends approval of this application. SITE DESCRIPTION The subject property is located on the southwest corner of River Avenue and Norquay St., in the McMillan neighbourhood of the Fort Rouge East Fort Garry ward. The proposed subdivision for the property would combine two (2) lots into one (1) for a total of 13,300 square feet (1235.6 square metres). Under the Complete Communities Direction Strategy, the site is located within the Areas of Stability Mature Communities policy area. The site is also located within the Village Medium Density area under the Osborne Village Neighbourhood Plan (OVNP). Subject Property Figure 1: Aerial photograph showing subject property (flown 2012)
SURROUNDING LAND USES & ZONING (See Figure 2) North: Multi-family residential zoned RMF-L Residential Multi Family Large and Commercial uses zoned C2 Community Commercial South: Single-family dwellings zoned R1-S Residential Single Family - Small East: A church zoned R1-S Residential Single Family - Small West: 2, 3, and 4 unit dwellings zoned R2 Residential Two Family. RMF-L C2 C1 RMF-L RMF- M R1-S RMF-L Subject Property R2 R1-S Figure 2: Zoning of the site and surrounding area. DESCRIPTION OF THE PROPOSED DEVELOPMENT The applicant is proposing to consolidate the site from two (2) lots into one (1) lot and rezone the properties from RMF-M Residential Multi-Family Medium and R1-S Residential Single Family Small to RMF-L Residential Multi-Family - Large. The existing single family dwelling at 99 Norquay St. will be demolished. The applicant wishes to build a four (4) storey, 37 unit multi-family dwelling. The applicant explains that the building has been conceptualized to reflect materials and scale appropriate to the neighbourhood. The cladding will be face-brick at the first storey with limestone above. The residual areas around the base of the building will be populated with limestone-walled planters to further enhance the human scale, provide a buffer and transition to the grade level units, and provide colour and texture contrast by a combination of evergreen and deciduous perennial planting.
The primary entrance to the building will be located on Norquay St. Seven (7) ground floor units will wrap the north and east sides of the building, with patios fronting the street. Unit sizes will range from one bedroom units of 643 square feet to two bedroom units that are 1125 square feet. 33 underground parking stalls and 5 surface parking stalls are to be provided. Access to parking areas will be from the public lane. ANALYSIS AND ISSUES ZONING RMF-L Residential Multi-Family Large The RMF-L zone is intended to accommodate the development of multi-family units in neighbourhoods with medium to high residential densities. The dimensional standards for multifamily structures in the RMF-L zone are: a minimum front yard of 25 feet; a minimum rear yard of 25 feet; a minimum side yard of 8 feet (note b) 1 and, a maximum building height of 150 feet. The minimum lot area is 20,000 square feet and the minimum lot area per dwelling unit is 400 square feet. Parking requirements are 1.5 stalls per unit. However, parking requirements for properties that fall within Urban Infill Areas are reduced to provide 80% of the required minimum stalls. LAND USE BY-LAW Variances Yard setbacks (Note - For clarification, the front yard is being considered the yard that faces Norquay St.). A front yard setback of 5 feet instead of 25.0 feet o The Osborne Village Neighbourhood Plan (OVNP) states that development will achieve an urban character and reinforce the relationship between buildings and the street by: Orienting buildings to the street to restore traditional mature neighbourhood character. New buildings are to be located to the front and corner side property lines and have a street front orientation. To this point, the application for a reduced front yard of 5 feet meets the intent and purpose of this policy in the OVNP. A rear yard of 0 feet instead of 25 feet o Plans indicate that a small portion of the rear yard will have a 0 foot yard setback in order to accommodate a stairwell to the underground parking. The rest of the west elevation will be setback 4 feet from the public lane where access to the at-grade and underground parking will be provided. This 0 foot setback runs along the south portion of the west elevation for about 20 feet and then steps back to 4 feet. Reduced yard setbacks of this nature are often seen in urban infill projects in order to promote the type of densities that we seek. 1 note b in the RMF-L zoning district, where a building is more than one storey in height, the required interior side yard increases by 2 feet for each storey above the ground floor to a maximum of 20 feet.
o This variance allows the developer to provide a safe and secure means of access to and from the underground parking via a stairwell. The 4 foot setback to the building allows for adequate grading of the ramp to the underground parking. The OVNP encourages parking to be located at the rear of buildings and to take access from the public lane where possible, and as such, the rear yard variance enables the proposed development to support these policies. A south side yard of 8 feet instead of 14 feet o The proposed side yard setback is consistent with what is seen throughout Osborne Village as well as other inner city neighbourhoods that have smaller lots and older buildings. In order to promote the type of densities and urban form that we seek in these areas, it is desirable to reduce the side yard setbacks slightly, provided that there is no adverse impact on adjoining properties. o Submitted plans indicate that landscaping will be provided along the south side yard as a means to buffer the two properties. o The Urban Planning Division is supportive of this variance. A north corner side yard of 6.25 feet instead of 20 feet o Again, the OVNP states that development will achieve an urban character and reinforce the relationship between buildings and the street. This variance helps the development meet the intent of the OVNP policies. Lot area of 13300 square feet instead of 20,000 square feet With urban infill projects, development is often constrained by the lot size of existing properties. This project meets several of the intents and policies outlined by both the Complete Communities Direction Strategy and the OVNP, and as such, the Urban Planning Division is supportive of the variance to reduce the lot area requirements. Lot area per dwelling unit of 359.46 square feet instead of 400 square feet This variance is to allow for 37 dwelling units to be built instead of 33. The subject property is located across the street from the designated Village High Density Residential Area in the OVNP. The Urban Planning Division believes the subject property acts as a transitional location between high density and lower density housing. The proposed lot area per dwelling unit is greater than other properties zoned RMF-L across the street. For example, 555 River Ave. has 155 units and a lot area per dwelling unit of 232 square feet. The proposed development, meets the intent of the OVNP in terms of form, height and pedestrian orientation. Plans indicate that there will be seven ground floor units and varying sizes of units to accommodate diverse lifestyle needs. As such, the variance to allow a slight reduction of lot area per dwelling unit is supportable. Parking reduction to permit 38 parking spaces instead of 44 parking spaces The Urban Planning Division has consistently supported parking variances for multi-family developments in mature neighbourhoods that propose at least one parking stall per dwelling unit. In this case the applicant is proposing 38 stalls for 37 units. The subject site is located within an urban environment that is in close walking proximity to several amenities. The property is also located along River Ave. and close to Osborne St. which are busy arterial roads with frequent transit service.
REASONS FOR RECOMMENDATIONS In the context of Section 247(3), the Urban Planning Division recommends approval for the following reasons: (a) (b) (c) (d) is consistent with Plan Winnipeg and any applicable secondary plan; does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; is the minimum modification of a zoning-by-law required to relieve the injurious effect of the zoning by-law on the applicant's property; and is compatible with the area in which the property to be affected is situated. The proposal is consistent with the policies of the Complete Communities Direction Strategy and the Osborne Village Neighbourhood Plan. The variances are generally minor in nature and help the development meet the intents and purposes of policies in the OVNP. RECOMMENDED CONDITIONS OF APPROVAL 1) That, if any variance granted by this order is not established within two (2) years of the date hereof, this order, in respect of that Variance shall terminate. This Report Submitted by: Planning, Property and Development Department Urban Planning Division Report Prepared by: Devin Clark PPD File # DAV 13-119579/D
Exhibit 7 referred to in File DAV 119579/2013D