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HomeMy WebLinkAboutCSD-16-006 - Zone Change Application - ZC-14-02-W-AP - 1333 Weber St E - Pamata Hospitality Inc REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: February 8, 2016 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Andrew Pinnell, Planner 519-741-2200 x7668 WARD INVOLVED: Ward 2 DATE OF REPORT: January 7, 2016 REPORT NO.: CSD-16-006 SUBJECT: ZONE CHANGE APPLICATION ZC14/02/W/AP 1333 WEBER STREET EAST PAMATA HOSPITALITY INC. 2 - 1 RECOMMENDATION: A. That Zone Change Application ZC14/02/W/AP (1333 Weber Street East; Pamata Hospitality Inc.) for the purpose of changing the zoning from Arterial Commercial Zone (C-6) with Special Use Provision 3U to High Intensity Mixed Use Corridor Zone (MU-3) with Special Regulation Provision 675R, Holding Provision 76H, Holding Provision 77H, and Holding Provision 22HSR for Services and Roadworks on the lands specified on the attached Map No. By-November 20, 2015 attached to Report CSD-16-006 as ,be approved. Appendix A B. That the Urban Design Brief for 1333 Weber Street East,dated October 2015, attached to Report CSD-16-006as ,be adoptedand AppendixC provide the basis for future site development. EXECUTIVE SUMMARY: REPORT: Site Context Current Zoning 2 - 2 Proposed Zone Change Current Official Plan Mixed Use Node New Official Plan Mixed Use Commercial. Community Node Official Plan Analysis and 2 - 3 Provincial Policy Statement, 2014 Places to Grow: Growth Plan for the Greater Golden Horseshoe, 2006 Urban Design Brief and Master Site Plan Concept Appendix C. Master Site Plan Concept Appendix D 2 - 4 Required Infrastructure Upgrades and Kitchener Growth Management Plan Noise Study and Land Use Compatibility 2 - 5 Record of Site Condition Department and Agency Comments Required Infrastructure Upgrades and Kitchener Growth Management PlanNoise Study and Land Use Compatibility, Record of Site Condition Appendix F Community Comments Appendix G) 2 - 6 2 - 7 Mixed Use Node ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: FINANCIAL IMPLICATIONS: 2 - 8 COMMUNITY ENGAGEMENT: .Appendix G Appendix B. CONCLUSION: REVIEWED BY: ACKNOWLEDGED BY: 2 - 9 PR O P O S E D B Y L A W November 20, 2015 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER 2 - 10 2 - 11 2 - 12 2 - 13 SCHEDULE 221 SCHEDULE 194 2 - 14 TO ATTEND A PUBLIC MEETING TO DISCUSS 1333 Weber Street East Planning & Strategic Initiatives Committee MONDAY, FEBRUARY 8, 2016 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. If a person or public body does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this proposal, 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 Andrew Pinnell 2 - 15 2 - 16 2 - 17 2 - 18 2 - 19 2 - 20 2 - 21 2 - 22 2 - 23 2 - 24 2 - 25 2 - 26 2 - 27 2 - 28 2 - 29 2 - 30 2 - 31 2 - 32 2 - 33 2 - 34 2 - 35 2 - 36 2 - 37 2 - 38 2 - 39 2 - 40 2 - 41 2 - 42 2 - 43 2 - 44 2 - 45 2 - 46 2 - 47 2 - 48 2 - 49 2 - 50 2 - 51 2 - 52 2 - 53 2 - 54 2 - 55 2 - 56 2 - 57 2 - 58 2 - 59 December 3, 2015 Kristen Barisdale, MCIP, RPP Associate, Senior Planner GSP Group Inc. Planning | Urban Design | Landscape Architecture 72 Victoria Street South, Suite 201 Kitchener, ON N2G 4Y9 519 569 8883 Email: kbarisdale@gspgroup.ca Re: Memo, Responses to Noise Comments, 1333 Weber Street, Kitchener, Ontario Dear Kristen, As requested, HGC Engineering has reviewed our latest noise study for the site entitled “Noise Feasibility Study, Proposed Mixed-Use Residential Development, 1333 Weber Street East, Kitchener, Ontario” dated December 6, 2013 with reference to questions/concerns raised in the City nd of Kitchener’s emails dated November 25, 2015 and dated December 2, 2015. The comments and our responses are provided below. Due to revisions and modifications to the site plan as a result of ongoing discussion with City staff, the attached Master Site Plan concept had been modified since 2013 and now identifies an amenity space. This latest master site plan was used to address the comments. nd December 2, 2015 Comment I spoke with Dave Aston this afternoon. His client also owns the Beer Store as well as other retail/plaza uses further northwest (Shoppers, gas stations, etc.). He says one of his client’s concerns is that the acoustical analysis reviewed noise at the third storey (as is common for assessing road noise) but not at the ground floor level where there is an amenity space. Dave says his client needs a level of comfort that noise will be adequately mitigated for Building B (he’s ok with the other buildings). An increased setback may appease his client. I think it will be important to have the noise consultant at the meeting. I’m going to send you a meeting request for Monday, noting that the timelines at that point are extremely tight for getting this to a January meeting. Response: The latest Master Site Plan indicates a ground level area labelled as “Landscaped and Amenity Area”. This amenity is located to the south of Building B, west of Building D and east of the existing 2 - 60 Responses to Comments Page 2 1333 Weber Street, Kitchener, Ontario December 3, 2015 Beer Store. This amenity area was not indicated on the site plan used in our December 6, 2013 noise report. We have determined that the background sound level due to road traffic noise from Highway 8 in the proposed amenity area will be 62 to 63 dBA. Stationary sound levels determined from the Beer Store activities (trucking movements, idling of trucks, mechanical equipment) are expected to be 54 dBA in the amenity area in a worst case operational scenario. This is considerably lower than the background sound level from highway traffic noise. Therefore, noise mitigation is not required for stationary noise source The developer may wish to include an acoustic barrier of sufficient height along the property line between the amenity area and the Beer Store as a beneficial feature. November 25, 2015 Comment See below concern from the adjacent landowner: As stated in the e-mail of last week, our clients continue to have concerns as it relates to the existing operation and compatibility with Building ‘B’ (Phase 2). The massing and orientation of Building B (Phase 2) is such that units will directly face the existing commercial operation. Recall, the commercial operation functions as both retail and distribution. It is unclear from the noise study that the land use compatibility has fully been addressed for the units facing the commercial operation and directly adjacent to the trucking routes. It is our opinion that adequate information has not been provided to confirm the orientation and massing of the Phase 2 building and that setbacks from the existing commercial operation and trucking routes will be established to ensure the location of the building is not changed which would change the noise results. By zoning the land now, with a holding provision, does not provide our client with any opportunity to further be involved in a process to ensure their concerns are addressed and ensure there will be no long terms impacts should future residential occur as planned. Our clients are concerned with business impacts associated with the location and orientation of the Phase 2 building. The building location impacts the visibility of the existing commercial operations on the property and may limit the further use of the property or expansion on the property given the new presence of a sensitive land use (and new receptors) adjacent to the property/operation. There is no reference on the site plan to a visual barrier (I.e., privacy fence) between the 2 sites. Please confirm that this requirement will be established through zoning and form the site plan review considerations. Our clients would like to request consideration be given to scaling back the massing of the Phase 2 building or a review of the orientation of the building such that it would be in a 2 - 61 Responses to Comments Page 3 1333 Weber Street, Kitchener, Ontario December 3, 2015 north/south direction along the north/south laneway. It would appear there may be flexibility on the site to re-orient the building. We would be pleased to meet to discuss before you finalize your report. Please have your Acoustical Engineer respond to this concern as this is an issue that needs to be resolved before we bring a report to Committee. Response: Our noise study dated December 6, 2013 was a noise feasibility study. We considered stationary noise sources such as rooftop mechanical equipment, idling engines, truck movements on the adjacent commercial properties during the daytime and nighttime hours and their impact at the proposed residences. The impact from stationary noise sources was less than the background traffic sound levels from Highway 8. Mitigation was not required for stationary noise sources due to the high background sound levels. The detailed floor plans and building elevations of the proposed buildings, landscape features and/or amenity areas were not known at the time of the noise feasibility study. The recommendations of our noise report include the preparation of a detailed noise study for each building or phase. This detailed noise report would re-visit the noise issues from both stationary noise sources and road traffic noise sources. The acoustic model would be updated and recommendations revised, as necessary to reflect the most recent site plan, operational scenarios of the adjacent commercial facilities and traffic noise sources. In terms of the subject site, there are high background sound levels due to road traffic on Highway 8. The residential and commercial adjacent properties are compatible from a noise perspective. We agree that additional property line privacy fencing or acoustic fencing may be appropriate to visually screen the existing commercial operations of the Beer Store. The acoustic fencing or privacy fencing is only effective at the ground floor. The upper residential units, though, will have visual impact to the existing commercial facilities. The acoustic requirements can be revised and updated with a new site plan. Trusting this information is sufficient for your present purposes. Please call if you have questions or concerns. Yours truly, Howe Gastmeier Chapnik Limited Sheeba Paul, MEng, PEng 2 - 62 FILE LOCATION: Z:\2012\2012-179 1333 Weber St. E., Master Planning\2.0 Site Planning\2012-179 SPA.01 Site Plan.dwg LAST SAVED BY: Jessicam DATE: April 17, 2015 2 - 63 2 - 64 2 - 65 2 - 66 2 - 67 2 - 68 2 - 69 2 - 70 2 - 71 2 - 72 2 - 73 2 - 74 2 - 75 2 - 76