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HomeMy WebLinkAboutCSD-15-005 - Zone Change Application - ZC14-08-M-KA - 5 Michael St - 1397036 Ontario Ltd. REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: February 2,2015 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: December 19, 2014 REPORT NO.: CSD-15-005 SUBJECT: ZONE CHANGE APPLICATION ZC14/08/M/KA 5 MICHAEL STREET OWNER: 1397036 Ontario Ltd. ________________________________________________________________ RECOMMENDATION: That Zone Change Application ZC14/08/M/KA for 1397036 Ontario Ltd. for the purpose of changing the zoning from Neighbourhood Institutional Zone (I-2) with SpecialUse Provision 281UtoNeighbourhood Institutional Zone (I-2) with amended Special Use Provision 281Ube approved- dated December 18, 2014 attached to Report CSD-15-005 1 - 1 EXECUTIVE SUMMARY: The owner of 5 Michael Street is proposing to change the zoning the existing building with a total of 36 parking spaces. Staff change application. REPORT: The subject lands are located at 5 Michael Street which is locat boundary of the downtown. The site currently contains a music r The owner of the site has entered into an agreement of purchase office user who plans to expand their local operations into the office space for employees. It is intended that client and publ of the main office location in the downtown. The lands are located adjacent to a multiple residential develop Catholic Centre (Church Hall) to the west. Lands along the north single detached and duplex dwellings, with a factory conversion Street and Victoria Street South. The entire neighbourhood is d Ontario Heritage Act as it is located within the Victoria Park H subject building also has a Heritage Conservation Easement Agreement with the City, which regulates property specific exterior and interior heritage attri Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation and use of land. The PPS promotes the efficient development of and establishing land use patterns based on a mix of land uses which efficiently use existing and p service facilities, support active transportation and which are providing opportunities for a diversified economic base, includi choice of suitable sites for employment uses, and encourage compact, mixed-use development which incorporates employment uses that are compatible with and resilient communities. The PPS also requires that significant b conserved. Using the existing building for up to 100% office will bring add central City, where existing and planned infrastructure and serv efficient development as office uses are typically more dense th subject use also adaptively reuses and aids in the long term con heritage resource. The proposed zone change is consistent with the Provincial Policy Statement. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are within the designated built-up area as def for the Greater Golden Horseshoe and are a Major Transit Station Area (as identified in the Adopted Official Plan) in accordance with Growth Plan policies. Station Areas promote residential and employment densities that viability of existing and planning transit service level and a mix and commercial development wherever possible. Growth Plan polic employment growth in communities that are transit supportive and support development which provides for a diverse mix of land use 1 - 2 employment and housing types. The subject applications conform w Growth Plan. Regional Official Policies Plan The subject lands are within the Urban Area established in the R (ROPP). Regional policies support the development of complete c development patterns and densities that support walking, cycling zone change complies with the ROPP. Official Plan and Adopted Official Plan The subject lands are currently designated Neighbourhood Institu Secondary Plan with Special Policies 8 and 9. Policies of both the existing Official Plan and new Official Plan (under appeal), allows Council to consider extens relaxation of parking regulations to encourage and assist with a resources, when conservation activities are undertaken. The zon 2003 (through zone change application ZC 00/12/M/JG) under these accordance with the conservation policies of the current and new Official Plans, and given previous zone change decision, the subject application to permit appropriate within the Neighbourhood Institutional designation a is not required. The Official Plan encourages the adaptive reus buildings to pro the Warehouse District the building is located in close proximit block) and shares many of the same characteristics as former ind The range of uses permitted, including office, are limited to the existing building and help to encourage the retention and adaptive reuse of this heritage reso Proposed Zone Change The applicant is proposing to amend Special Use Provision 281U, in repair of musical instruments, retail of music related goods, st building. The regulation also provides for 36 parking spaces, p mmercial space with a minimum of 36 parking spaces. Office is currently a perm to a maximum of 10% of the gross leasable commercial space, but with other permitted uses. The previous zone change was requested mainly for the purposes o permitting music related businesses, with office added as a comp are of the opinion that permitting the building to be used for 1 reuse of the existing building and will be compatible with the s subject building is located in close proximity to the downtown ain a future rapid transit station area. While it is located near low-rise residential uses, the site has always been a non- residential site in a neighbourhood. Typically, office uses hav with them and do not generate noise or other nuisance. The use space of the existing building, and all renovations and alterati accordance with the Victoria Park Heritage District Plan and the Agreement Registered on title with the City. Heritage matters are further discussed in response The applicant has also requested that the zone change applicatio spaces be legalized for the proposed office use. In support of Demand Management (TDM) Plan has been prepared to justify the pr 1 - 3 Currently, the special use provision permits 36 spaces for uses provided that at no time shall the gross leasable commercial spa floor area. What this regulation recognizes is that gross leasa non-leasable space including hallways, washrooms and mechanical roo calculation works well for multi-tenanted buildings, however it be occupied by one office user. With one user, there will still buildings such as hallways, mechanical rooms and washrooms howev implementing the zoning by-law, it makes most sense to clarify t office uses may occupy of 100% of the gross leasable commercial parking spaces. The TMD Plan recommends that as this site is located in such clothe downtown that the downtown parking ratio of 1 space per 69 metres squared be considered rather than the suburban parking ratio of 1 space per 28 metres squared. The downtown ratio takes into consideration locational features of the downtown including acce walking and off-site parking availability. The subject site is currently well served by public transit being very near the GRT Charles Street station. It is also loca is in a very walkable and cycling friendly location (the site re per walkscore.com). Based on the proximity to transit, off-site and access to cycling routes, staff are supportive of generally parking rate for this site. In addition to the reductions resul, the owner is proposing a number of site specific TDM measures in membership (which provides tools and services to help employees find commuting sol and reduce the number of employees driving alone to work), on-site bicycle storage, as well as financial incentives for employees not to drive to work. Such measures have been quantified by the Region on their TDM worksheets and result in a further parking reduction. Therefore, based 22 on the downtown rate of 1 space per 69 m and a gross floor area of 2657m 39 spaces are required. The additional reductions resulting from TDM measures will further reduce parking demands. The TDM Plan suggests that parking could be reduced to 20 spa the site can accommodate 36 parking spaces, staff are recommending t parking spaces be required in the zoning by-law. Agency Comments No concerns were raised by any commenting department or agency w proposed zone change. Community Input In response to the preliminary circulation staff received five w property owners. One respondent indicated specific support for additional high-te respondents were not concerned with the proposed office use and change in use may help decrease on-street parking demands and co being very high with the current music school located in the bui One respondent raised concerns with respect to increases in background traffic resulti Two respondents questioned how additional parking could be added and a third has questioned whether 36 spaces will be sufficient respondent raised concerns about renovations and alterations bei and questions whether there is consistency in implementing the V District Plan between business and home owners. 1 - 4 Parking Layout and Quantity of Spaces With respect to questions about parking layout, a site plan was how 36 parking spaces can be accommodated on the subject lands. be required to the Site Plan to ensure current Barrier Free Park Transportation Services staff have indicated that they are satis plan. Prior to occupancy of the new use, the parking lot must b additional parking spaces. With respect to the quanitity of parking proposed, a Transportat (TDM) Plan has been prepared in support of this application. Thi accepted by Transportation Services. The TDM Plan recommends this appropriate to apply an additional reduction to recognize the significant TMD measures that are being proposed by the offi discussed in detail in the hange section of this report. Traffic Generation With respect to increases in background traffic in the area, sta downtown growth, and redevelopment in the nearby Warehouse/Innov may be a recent increase in background traffic in the area. Wit current owner has indicated that depending on lesson schedules, 700 vehicles entering and exiting the site in a given day (i.e. visits to the site generating high levels of parking turnover). The parking lot for the proposed office will be able to accommodate a maximum of 36 cars at any g office hours and work schedules, it is not expected that there wbe a high amount of in/out traffic as is the case today with a retail music store and schoo on-site parking will have alternative commuting options available off-site parking options such as the City owned Bramm Street par situation and experience of most downtown businesses where staff transit, and choose other modes of travel including walking, cyc from work. The intended high-tech office user is an establishedwhich provides tools and services to help employees find commuting sol of employees driving alone to work), and also provides financial incentives if employees elect not to receive a parking permit. Heritage With respect to anticipated renovations and alterations to the b an office use, staff confirm that the building is designated und Act as it is located within the Victoria Park Heritage Conservat is subject of a Heritage Conservation Easement Agreement with tht agreement specially lists a number of external heritage features openings, the yellow brick walls, brick corbelling at roofline, internal features including the heavy timber construction, hardw walk-in safe and sprinkler system, among other features. Becaus the building at 5 Michael is subject to much more rigorous heritage control than those which generally apply to homes in the area. Heritage Permits are required for exterior and interior alterations and such alterations must comply with both the Victon District Plan and the Heritage Conservation Easement Agreement. no concerns with the proposal to convert the existing building f to the owner obtaining the necessary heritage permit approvals p 1 - 5 Planning Analysis: In considering the foregoing, staff are supportive of the propos of the existing building to be used as office, with a minimum of Staff are of the opinion that the proposed use will be compatible within the neighbourhood, that it represents an appropriate adaptive reuse building and that given proximity to existing transit and future off-site parking opportunities, membership in Travelwise and sta parking spaces will be sufficient for the subject site. The subj policies of the Provincial Policy Statement, Growth Plan for the the Regional Official Policies Plan. Staff are of the opinion th represent good planning. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will ali Plan as it aligns with the Community Priorities: Development. The proposed Zo application supports the conservation and adaptive reuse of a he established high-tech office cluster in the vicinity, and that i with this neighbourhood. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recomme COMMUNITY ENGAGEMENT: INFORM & CONSULT - The proposed draft plan of subdivision was or property owners within 120 metres of the subject lands in Octobe2014. In response to this circulation staff received responses from five property owners, this report . Notice signs are also posted on the property. A courtesy notice of the public meeting will be circulated to all preliminary circulation. Notice of the Public Meeting will be g, 2015 . This report will be posted to the CONCLUSION: Based on the foregoing, proposed Zone Change is appropriate and represents good planning. It provides for an appropriate adaptive reuse of the designated proposed use will be compatible in the existing neighbourhood. that the application be approved. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Mark Hildebrand, Acting Deputy CAO (Community Services) Appendices A Proposed Zoning By-law B Newspaper Notice C Agency Comments D Neighbourhood Comments 1 - 6 A Proposed Zoning By-law PROPOSED BY LAW December 18, 2014 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener 1397036 Ontario Ltd. 5 Michael Street) WHEREAS it is deemed expedient to amend By-law 85-1 for the lan NOW THEREFORE the Council of the Corporation of the City of Kit follows: 1. Subsection 281U of C-law 85-1 is hereby deleted and replaced with the following: Notwithstanding Sections, 6.1.2, 32.1 and 32.2 of this by-law, w lands zoned I-2, 1R, 281U on Schedule 85 of Appendix "A" and des of Park Lot 552, Grange's Amended Survey, Registered Plan 378: a) only the following uses and accessory uses thereto shall be p Artisan's Establishment, including accessory retail Dwelling Unit Educational Establishment Home Business Multiple Dwelling Office Personal Services Repair of Musical Instruments Retail of Music Related Goods Social Service Establishment Street Townhouse Dwelling Studio b) Artisan's Establishment, Office, Repair of Musical Instrumen Music Products, Social Service Establishment and Studio shall be 1 - 7 A Proposed Zoning By-law permitted only in the building existing on June 16, 2003,and the building existing as of June 16, 2003 shall be deemed to comply with regu s. 32.5; c) Uses other than those listed in b) above shall be permitted in the building existing on June 16, 2003 or a building or part constructed after June 16, 2003 in which case the regulations of 32 shall apply, except as otherwise provided herein; d) the maximum gross leasable commercial space devoted to each of Musical Instruments or Social Service Establishment shall be nd the maximum gross leasable commercial space devoted to Retail of Related Goods shall be 25% of the total gross floor area of the building; e) the minimum parking requirement for the permitted uses in t existing on June 16, 2003 shall be 36 spaces, provided that at n shall the gross leasable commercial space exceed 60% of the gros area of the existing building; and f) Office may occupy up to 100% of the gross leasable commercial the existing building and notwithstanding e) the minimum parking requirement for office shall be 36 spaces. PASSED at the Council Chambers in the City of Kitchener this_______________ day of _______________, 2015. _____________________________ Mayor _____________________________ Clerk 1 - 8 Appendix B Newspaper Notice PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED AMDNEMDNT TO THE KITCHENER ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT 5 Michael Street The City of Kitchener has received an application for a Zone Cha is to allow up to 100% of the existing building to be used for o Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, FEBRUARY 2, 2015 at 6:30 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or If a person or public body does not make oral submissions at this public opposition to, the above noted proposal. meeting or make a written submission prior to approval/refusal of this, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewin meeting agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and th select the appropriate committee), or in person at the Planning Di Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Katie Anderl , Senior Planner - 519-741-2200 ext. 7987 (TTY: 1-866-969-9994), katie.anderl@kitchener.ca 1 - 9 Appendix 'C' - Agency Comments 1 - 10 Appendix 'C' - Agency Comments 1 - 11 Appendix 'C' - Agency Comments 1 - 12 Appendix 'C' - Agency Comments 1 - 13 Appendix 'C' - Agency Comments 1 - 14 Appendix 'D' - Neighbourhood Comments 1 - 15 Appendix 'D' - Neighbourhood Comments 1 - 16 Appendix 'D' - Neighbourhood Comments 1 - 17 Appendix 'D' - Neighbourhood Comments 1 - 18 Appendix 'D' - Neighbourhood Comments 1 - 19