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HomeMy WebLinkAboutCSD-16-060 - Zone Change - 393-411 Queen Street South 168 170-172 176 180 Benton Street REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: September 12, 2016 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Garett Stevenson, Senior Planner 519-741-2200 x 7070 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: August 10, 2016 REPORT NO.: CSD-16-060 SUBJECT: ZONE CHANGE APPLICATION ZC13/10/Q/GS 393-411 QUEEN ST. S. & 168, 170-172, 176 & 180 BENTON ST. POLOCORP INC. & BARRA ON QUEEN INC. Subject Area Map EXECUTIVE SUMMARY: The owner, Polocorp Inc. and Barra on Queen Inc., has applied for a Zone Change application for lands municipally addressed as 399-411 Queen Street South and 168, 170-172, 176 & 180 Benton Street to permit a new seven storey multiple residential dwelling building as well as street fronting townhouse and semi-detached dwellings along Benton Street. Planning Staff recommend that the proposed Zone Change application be approved as outlined in this report. RECOMMENDATION: That Zone Change application ZC13/10/Q/GS for Polocorp Inc. and Barra on Queen Inc. for the purpose of changing the zoning of the subject properties from Existing Use (E-1), Low Intensity Mixed Use Corridor (MU-1), and Commercial Residential Two (CR-2) to Low Intensity Mixed Use Corridor (MU-1) and Commercial Residential Two (CR-2) with site specific special provisions be approved - dated August 10, 2016, attached to Report CSD-16-060 as Appen 1 - 1 REPORT: The subject properties are municipally addressed as 399-411 Queen Street South and 168, 170-172, 176 & 180 Benton Street.The area of the application is made up of 5 separate properties which will be consolidated into one parcel. Throughout this report, the portion of the property along Queen Street South refers to 399-411 Queen Street South and the portion of the property along Benton Street refers to the four lots fronting Benton Street address as 168, 170- 172, 176 & 180 Benton Street. The portion of the property along Queen Street South is currently vacant and was previously occupied by the former Barra Castle building. The properties addressed along Benton Street are currently developed with single detached dwellings or duplex dwellings, but are currently vacant. Allexisting buildings are proposed to be demolished to permit the redevelopment of the lands. The lands are located in the Mill Courtland-Woodside Park Secondary Plan and are within the Central Stations Area Plan (Planning Around Rapid Transit Stations - PARTS). Neighbouring properties in this area along Queen Street South are developed with a variety of commercial, institutional, and residential uses. The lands to the south of the subject properties, lying on the opposite of Benton Street, are predominantly developed with low rise residential uses. The portion of the property along Queen Street South is designated Mixed Use Corridor and a small portion is designated as Open Space. This area is zoned Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulations 1R and 517R. The MU-1 zone permits multiple dwellings as well as a range of commercial uses. Special Regulation 1R identifies that a portion of the lands are regulated by the Grand River Conservation Authority. Special Regulation 517R, as previously approved, implements a number of special setback regulations for front, side and rear yards, parking and building height which generally permit the proposed development on this portion of the lands. A corner of the lands are zoned Existing Use Zone (E-1) which recognizes the floodway of Schneider Creek.With support from the Grand River Conservation Authority, the lands designated as Open Space and zoned as Existing Use (E-1) are proposed to be zoned as Low Intensity Mixed Use Corridor with Special Regulations 1R and 517R as part of this application. The portion of the property along Benton Street is designated as Medium Density Commercial Residential which permits the proposed residential use. These lands are zoned as Commercial Residential Two Zone (CR-2) which permits a range of medium density residential and commercial uses.A corner of the lands are zoned Existing Use Zone (E-1) which recognizes the floodway of Schneider Creek. With support from the Grand River Conservation Authority, the lands designated as Open Space and zoned as Existing Use (E-1) are proposed to be zoned as Commercial Residential Two Zone (CR-2) with Special Regulations 1R and 517R as part of this application. Special Use Provision 440U is also proposed to permit semi-detached dwellings subject to special regulation provisions.Street-fronting townhouses are currently permitted. 1 - 2 Provincial Policy Considerations: Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land optimize the use of land, resources, and public investment in infrastructure and public service facilities. Further, the PPS directs the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs and promotes densities for new housing which efficiently uses land, resources, infrastructure and public service facilities. The plan also supports the use of alternative transportation modes and public transit in areas where it exists or is to be developed. Planning staff is of the opinion that the proposed zone change application will facilitate the intensification of the subject property with a more intensive residential use that is compatible with the surrounding community and will make use of the existing infrastructure.The subject lands are within the Central Stations Area Plan (PARTS). Regional ION rapid transit service is planned to service this area and will be operational in 2017-2018. The development will enhance and further utilize existing public infrastructure. No new roads would be required for the proposed development and Engineering staff have confirmed there is capacity in the sanitary sewer to permit intensification on the subject lands. Planning staff is of the opinion that the Zone Change application is consistent with the policies and intent of the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject properties are within the Built-up Area as defined in the Growth Plan for the Greater Golden Horseshoe (Growth Plan). The Growth Plan promotes the development of healthy, safe, and balanced communities. The Plan is also supportive of the appropriate intensification of existing residential neighbourhoods with new development, including non-residential. Planning staff is of the opinion that the Zone Change application conforms to the Growth Plan as it allows for the appropriate intensification of the subject property. Regional Policy Considerations: Regional Official Plan (ROP) The ROP identifies the subject properties as within the Built-Up Area. Land use policies in the ROP support and promote a full range of housing types, mixed use developments, and land use patterns that support alternative modes of transportation including transit, walking, and cycling. Planning staff is of the opinion that the Zone Change application conforms to the Regional Official Plan.Regional Planning staff are in support of the zone change application and have no objections. The Community Building Strategy (CBS) The CBSprovides an overall framework and vision for the entire regional Central Transit Corridor (CTC),including the Benton Station Stop Area. The CBS suggests that minimum building heights of 4 storeys would be appropriatein the area of the subject properties to keep 1 - 3 within the scale of the downtown, to support the planned and existing level of transit service, andto promote significant redevelopment in key areas to preserve stable residential neighbourhoods. Planning staff is of the opinion that the requested applications support the vision of the Community Building Strategy by providing a residential intensification within the CBS Focus Area that is transit supportive and provides an alternative dwelling type.The lands outside of the CBS Focus Area along Benton Street are proposed to be zoned to permit a low density residential use, being semi-detached dwellings and street fronting townhouses.This development will permit an increase in density along the edge of the Queen Street Mixed Use Corridor, releasing development pressure on the adjacent low rise stable residential neighbourhood. City Policy Considerations: Current Official Plan (Mill Courtland-Woodside Park Secondary Plan) The subject properties are designated as Mixed Use Corridor, Open Space, and Medium Density Commercial Residential. Under the current policy framework, multiple dwellings are a permitted use with a maximum Floor Space Ratio of 2.0. New development shall be compatible with surrounding residential neighborhoods and will be of an appropriate height and density in relation to adjacent low rise residential development. In locations that immediately abut low rise residential land uses, new development shall be permitted having a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0. The subject lands are within the Mill Courtland-Woodside Park Secondary Plan area. Review of the Secondary Plans were not undertaken as part of the new Official Plan review and have been deferred as many secondary plan areas, including the Mill Courtland-Woodside Park Secondary Planarea, are located within Major Transit Station Areas (MTSAs) and are proposed to be -Planning Around Rapid Transit Stations). New Official Plan approved by the Region of Waterloo Council on November 19, 2014. The plan is currently under appeal. While the existing Official Plan remains in force and effect, the policies in the adopted Official Plan were considered for this application. Policy 13.4.1.3 of the Mill Courtland-Woodside Park Secondary Plan references Parts 1, 2, 4, and 5 of the current Official Plan, which were included in the review of the new Official Plan. to supporting transit and intensification objectives, the direction in the new Official Plan is to ensure Kitchener continues to develop as a complete and healthy community through comprehensively managing growth, along with increased emphasis on an integrated transportation system that supports walkability, and promotes mixed use areas which include a variety of commercial, institutional, and employments lands in close proximity to residential areas. Planning staff are of the opinion that the requested applications conform to the intent of the new Official Plan policies. 1 - 4 Kitchener Growth Management The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed effectively to achieve the required density and intensification targets, through a desired built form and function which will enhance the quality of life in Kitchener. The Kitchener Growth Management Plan (KGMP) is based on the principle that maximizing the use of existing infrastructure is preferred and that planning for, and implementing, intensification is a high priority. Planning staff is of the opinion that the Zone Change application complies with the KGMS and KGMP as it allows for the appropriate intensification of the subject property, better utilizes the existing infrastructure, allows for a built form that is compatible and complementary to the existing neighbourhood, and will bring new residents into a stable community. Planning Around Rapid Transit Stations Areas - Phase 1 & Phase 2 The primary purpose of Phases 1 and 2 of the Planning Around Rapid Transit Stations (PARTS) project was to provide direction for future development and stability within station study areas along with recommendations for capital projects to ensure that these areas are developed in a way that is transit supportive and adds value to our community. PARTS Phase 1 included an identification of recommended station study areas, compilation of background information, and a project plan for how to undertake corridor-wide initiatives in Kitchener followed by the Station Study Area Plans. Through Phase 1 it was determined that efficiencies would be achieved by completing some of the key initiatives at a corridorwide scale in Kitchener all at once, rather than for individual station areas. Phase 2 consists of five corridor-wide initiatives that are either completed or currently underway. The initiatives include; Interim Direction, Communications Approach, Urban Design Guidelines, Sanitary Sewer Capacity Analysis, and Transportation Demand Management (TDM) Strategy. As part of the Interim Direction corridor-wide initiative, an Official Plan amendment to the current Official Plan was approved to implement new Transportation Demand Management (TDM) policies that must be considered for any development application in the PARTS station study areas. The main purpose of the amendment was to implement new policies to provide general direction in reviewing development applications until such time as the PARTS Central legislative changes are completed. Planning staff are of the opinion that Zone Changeapplication conforms to the Interim Direction policies. The introduction of additional dwellings within the PARTS Central Plan area helps to achieve density targets are that required to support higher order transit. This development includes a transition area between the main residential building and the stable residential neighbourhood which includes semi-detached and street fronting townhouses units. The compact built form will allow for additional density and a new housing option in this community while relieving some development pressures on the adjacent neighbourhood. Planning Around Rapid Transit Stations Areas PARTS Central Plan The PARTS Central Plan was approved on May 16, 2016 by Kitchener City Council and provides guidance for development and change in the station area. This visioning document 1 - 5 involved extensive and collaborative public consultation with various stakeholders, including many members of the Schneider Creek Neighbourhood. The proposed zone change application generally aligns with the Preferred Land Use Map in PARTS Central. The portion of the property along Queen Street South is shown as Low Density Mixed Use and the portion along Benton Street is Low Rise Residential.The proposed built form along Benton Street will have a Floor Space Ratio generally in alignment with the PARTS Central Plan, which is much lower than what is currently permitted. As proposed, the portion of the site along Queen Street South is proposed to have a greater FSR than that contemplated in the PARTS Central Plan. Planning staff support the massing of the buildings as proposed in the site specific zone change application, and note that no increase in FSR is required from the currently permitted maximum. The requested reduction in off-street parking also aligns with the Transportation Demand Management approach outlined in the PARTS Central Plan. Proposed Zone Change Application The applicant has applied for a Zone Change application to change the zoning of the lands to facilitate the comprehensive redevelopment of all the properties with site specific zoning regulations. In summary, the application proposed split zoning for the site; the portion along Queen Street South is proposed to be Low Intensity Mixed-Use Corridor (MU-1) with updated special regulations provisions, and the portion along Benton Street to be Commercial Residential Two Zone (CR-2) with the same special regulations provisions along with a special use provision to permit semi-detached and street fronting townhouses. Additionally, Special Regulation Provision 517R is proposed to be revised and applied to all properties within the application boundary. For ease of reference, a summary of the existing and proposed zoning regulations for each portion of the subject application is illustrated on the following two pages. 1 - 6 Table 1 Comparison Table of Current and Proposed Zoning Low Intensity Mixed Use Corridor Zone Portion of Site Along Queen Street South MultipleMU-1 with 517RMU-1 with Revised 517R Dwelling(Existing)(Proposed) Min. Lot Area15.0 m15.0 m Min. Front Yard18.4m18.4m Max. Front Yard25.0 m25.0 m Southwesterly 1.2m1.2m Min. Side Yard(building less than 4.5m in (any building less than 4.5m in (Mitchel St)height)height) 5.6m5.6m (building greater than 4.5m in (any building greater than 4.5m height)in height) Max. Building Height19.5m24.0m for each metre above 13.5m in Maximum of 7 storeys above building height, 0.6m additional grade *rear yard setbackis required *rear yard references former 11.0m within 30.0 m of the rear property line that is now in the yard (Benton Street Line) middle of the site Min. Off-Street Parking1.0 space/unit1.0space/unit for all lands zoned 517R Min. Visitor Parking20%10% Location ofQueen St S. frontageQueen St S. frontage Front Yard Location ofShared properly line with Shared properly line with Mitchel Side YardMitchel St. propertiesSt. properties Min. FSR0.60.6 Max. FSR2.02.0 BFA for FSR for Partially IncludedPartially Included Below Grade Parking Structure FSR by Zone AreaOnly same zoneAll lands with 517R zoning Min. Landscape Area10%10% 1 - 7 Table 2 Comparison Table of Current and Proposed Zoning Commercial Residential Zone Two (CR-2) Portion of Site Along Benton Street Multiple DwellingsCR-2CR-2 with Revised 517R and (Existing)440U (Proposed) Min. Lot Area15.0 m15.0 m Min. Front Yard3.0 mN/A Max. Front Yard-N/A Min. Rear Yard3.0 m6.0m (Benton Street)4.5m (porches) Southwesterly 1.2m1.2m Min. Side Yard (building less than 10.5m in (building less than 11.0m in (Walkway)height)height) 3.0m3.0m (building greater than 10.5min (building greater than 11.0m in height)height) Max. Building HeightN/A11.0m within 30.0 m of the rear yard (Benton Street Line) Min. Off-Street Parking1.25 spaces/unit1.0 space/unit for all lands zoned 517R Min. Visitor Parking20%10% Min. FSR0.60.6 Max. FSR2.02.0 BFA for FSR for Partially IncludedPartially Included Below Grade Parking Structure FSR by Zone AreaOnly same zoneAll lands with 517R zoning Min. Landscape Area10%10% Permitted Residential Existing Semi-Detached Semi-Detached Dwellings & UsesDwelling &Street Fronting Townhouses Street Fronting Townhouses Location ofProperty line between subject Benton Street Rear YardpropertiesStreet Line AGENCY COMMENTS: Commenting agencies and City departments have no concerns with the proposed Zone Change C consideration or concerns will be addressed through the site development process. 1 - 8 NEIGHBOURHOOD COMMENTS: Initial Application (2013-2014) As a result of the preliminary circulation of the Zone Change application, staff received written responses from nearby property owners and interested residents. The key themes of the comments received and discussion at the first Neighbourhood Information Meeting are discussed below. Benton Street Access Many residents that live in the adjacent stable neighbourhood expressed concern that traffic may be increased along Benton Street should the development take place. It was identified by several residents that Benton Street is too narrow to accommodate any increased traffic and that during the winter months snow is piled on the street.Planning Staff advised that only ancillary parking will be accessed off of Benton Street and the main entrance for the development will be fromQueen Street South. The underground parking will not provide access through the site. It will not be possible to drive between Queen Street and Benton Street across this property. Further, Transportation Services staff have reviewed the proposed application and have no concern as the proposed density does not warrant further study. Heritage Character The property addressed as 399-411 Queen Street South is within the Victoria Park Heritage Conservation District. The Owner has provided a Heritage Impact Assessment (HIA) in support of the zone change application that was presented to the Heritage Kitchener committee for discussion. In addition to the requirement for a Heritage Permit application, the revised HIA will be approved by the Director of Planning as a condition of the site planning process. Built Form Along Benton Street In some of the comments received, there was support for a lower density form for the portion of the property that fronts onto Benton Street. Respondents also noted that there preference was for a less modern design with limited garages and driveways along Benton Street. There was also support for retaining the existing dwellings.Planning staff are supportive of a compatible built form along Benton Street and note that this area serves as the transition buffer between the medium density building and the stable residential neighbourhood. Mitchell Street Setback There was a request for fencing or some sort of visual barrier along the rear property line of the properties along Mitchell Street.Through the site planning process, appropriate buffering will be required in the form of a visual barrier which may comprise of a fence or landscaping. Parking The Owner is proposing an off-street parking rate of 1 space per unit for the entire site, which is currently permitted on the portion of the propertywhich fronts onto Queen Street South. Lands in the City with mixed-use zoning (MU-1, MU-2, MU-3) can utilize a parking rate of 1 space per unit. Street fronting townhouse dwellings in the Commercial Residential Two (CR-2) zone which are not part of a cluster multiple development also require one space per unit. However, as the site is being comprehensively developed, the multiple dwelling regulations apply and there is a requirement for 1.25 parking spaces per unit for the portion of the site along Benton Street. Parking reductions must be analyzed through a comprehensive Transportation Demand Management (TDM) plan in the PARTS Central Plan. The intent of supporting various forms of transportation in areas with higher order transit is to encourage active streetscape and to 1 - 9 promote shared and active transportation. Planning staff are supportive of the proposed reduced parking standards and support reduced parking standards in urban areas, specifically those which are located adjacent to an intensification corridor (mixed-use corridor) and within walking distance to existing high frequency transit service, as well as the planned ION rapid transit service. On-street parking is regulated by the City and corrective measures may be imposed by By-law Enforcement staff should future complaints arise. The developer will be implementing some recognized TDM strategies on site including oversupplying bicycle parking and arranging for participation of the future residents into a car share program. Transportation Services staff have reviewed the proposed parking standards and have not identified any concerns. Building Design, Massing, and Density At the Neighbourhood Information Meeting and in letters from respondents, there were comments about the form and the overall size of the proposed building. In this case, Planning staff reviewed supporting materials that were provided with the applications and support redevelopment of these properties for a number of reasons.The City is mandated by provincial and regional legislation to appropriately plan for and accommodate intensification within all built up areas of the City. The appropriateness of a development or redevelopment proposal is determined through a variety of factors. Where a land use change is required, as proposed, consideration is given to amend the current policies and regulations to facilitate such redevelopment. The Queen Street South properties are within the Queen Street South Mixed-Use corridor which runs adjacent to the stable low-rise residential neighbourhood. Planning staff are recommending zoning which would restrict any development within 30 metres of Benton Street to a maximum height of 11.0 metres. This will ensure that the built form along the Benton Street frontage is compatible with the existing built form in this area. Special Regulation Provision 440U is proposed to permit street fronting semi-detached dwellings that are proposed to flank a driveway to an ancillary parking lot. The site offers an opportunity for intensification within the neighbourhood which will offer an additional dwelling option which will help to preserve the surrounding stable neighbourhoods. During the processing of the application, the method for calculating Floor Space Ratio (FSR) was revised as part of an interim update to the current Official Plan and Zoning By-law 85-1. FSR is the method used to calculate the total mass of a building on a lot. As a result, the entire building floor area of the lower parking level must be included in the calculation for FSR, including those portions of building floor area that are completely below grade. In this case, Planning staff support excluding those areas of the parking garage that are less than 1.0 metre above ground due to the nature and topography of the site. Planning staff are also supportive of using the lot area of all properties to calculate the lot area for the purpose of calculating FSR. At the first Neighbourhood Information Meeting, the Owner presented preliminary design plans for a seven storey building with one floor of parking and six floors of residential above. The maximum Floor Space Ratio for the subject properties is 2.0. Planning staff are recommending a regulation in Special Regulation Provision 517R which would allow all lands subject to said regulation to be used in the total lot area calculation for FSR. The applicant has prepared an Urban Design Brief for the building, which will be further refined through the site planning process. It should be noted that the building design will be determined through a site planning process where Planning staff will require building elevation drawings that 1 - 10 show building features that are appropriate in size, location, material, and colour for the neighbourhood context.A purposes and has not received approval. Revised Application (2016) The Owner purchased 176 and 180 Benton Street and formally amended the zone change application by adding these additional lands within the area of the application. A letter was sent advising of the revisions to the application on January 8, 2016 and a second Neighbourhood Information Meeting was held on February 1, 2016.Planning staff also attended a Schneider Creek Neighbourhood Meeting on February 10, 2016 as well as an informal community gathering on-site on July 4, 2016 which was organized by members of the Schneider Creek neighbourhood. At that meeting, the Developer shared design concept drawings for the project, including design concepts for street fronting townhouse and semi-detached dwellings along Benton Street. Planning staff received comments on the revised concept plans both during the second NIM as well as in the follow up correspondence. The major themes of those comments are outlined below. Benton Streetscape Design Both at the second NIM and in follow up meetings and emails, many residents suggested that the street fronting townhouses and semi-detached dwelling along Benton Street should be redesigned to mirror the look of existing dwellings in the neighbourhood, including; removing garage doors and driveways and relocating them to the rear of the buildings, including large usable front porches, having operable windows and door openings that are less modern in design, using traditional high quality building materials such as brick, as well as having a pitched roof line versus a flat modern roof design. In follow up, the applicant redesigned the buildings along Benton Street and shared them with interested residents at an on-site informal community gathering on July 4, 2016. Planning staff were in attendance and received mostly favourable feedback on the revised concepts. Planning staff remain supportive of a low density built form along Benton Street in the form of street fronting townhouses and semi-detached dwelling and favour the traditional design concepts that were p process, the final design for the buildings along Benton Street will resemble the drawings generally supported by the neighbourhood shown below. 1 - 11 Drawing 1: Revised Semi-Detached Concept Elevation (Front Garage) Drawing 2: Revised Semi-Detached Concept Elevation (Rear Garage) 1 - 12 Drawing 3: Revised Street-Fronting Concept Elevation Trees Along Benton Street At the second NIM, residents requested that street trees be provided along Benton Street in order to replace the tree canopy that will be lost as a result of the development. The applicant revised the underground parking configuration to allow for additional planting room along Benton Street. Through the site planning process, Planning staff will require a landscape plan for this street edge that will accommodate canopy trees both on the private property and within the Benton Street right-of-way wherever possible. Floor Space Ratio (FSR) There was discussion about the FSR calculations of the development at the second NIM. Planning staff explained that while a maximum FSR of 2.0 is permitted on the entire development site, as part of the zone change application, there is a request to transfer the FSR across the site despite the zoning. The zoning by-law does not allow for transferring FSR between zones. In this case, Planning staff support transferring additional FSR from the Benton Street portion of the site to the portion of the site closest to Queen Street South. This transfer allows for low density compatible development along Benton Street and focuses the majority of the development along the Queen Street Mixed Use Corridor which is planned for intensification. Benton Street There was significant discussion regarding the use of Benton Street for access to the ancillary parking lot, for fire truck access, and for garbage pickup. Transportation staff have reviewed the application and do not have any concern with the proposed configuration. While Benton Street is a narrow road, there are similar sized garbage trucks to that proposed already servicing the balance of the neighbourhood. Garbage collection is proposed to be internal to the building with collection bins being rolled outside to the rear parking area when the garbage collection is expected during regular collections hours. There is no parking permitted on the adjacent section 1 - 13 of Benton Street to ensure that there is significant room for emergency vehicles. A Siamese connection (main firefighting water connection) will be located at the front of the larger building along Queen Street. Fire and emergency access for only the 7 street fronting townhouse and semi-detached dwellings will be from Benton Street.While there may be some noise related to snow removal operations for the parking areas, the private contractor trucks are usually smaller than the City of Kitchener snow removal vehicles that plough City streets. There will be no cut- through possibility from Queen Street South to Benton Street across this site. Mitchell Street Setback Questions were raised about the setback from the large building and the rear lot line of the Mitchell Street properties. The proposal meets the existing side yard setback outlined in Special Regulation 517R and no changes are proposed to that section of the by-law. A visual barrier as well as a landscape buffer will be required as a condition of site plan approval. The top floor of the larger building has been designed with recessed terraces rather than protruding balconies to help achieve privacy between the properties. Design details such as the location of venting will be finalized through the site planning process to minimize any impact on adjacent properties. Mitchell Street Walkway Following the second NIM, in consultation with Planning staff, the developer agreed to remove one unit adjacent to the Mitchell Street walkway to allow for a larger landscape buffer between the side of the proposed street fronting townhouse dwelling and the existing walkway. Through the site planning process, Planning staff will work with the developer to improve the existing condition of the walkway including new lighting and landscape treatment. There are no plans to open the Mitchell Street walkway to vehicle traffic. All comments received are attached in Appendix Planning Analysis: Planning staff recommend amending the zoning for the subject properties as outlined in Regional, and City intensification targets and contributes positively to Region-wide initiatives such as ION rapid transit. Planning staff have worked with the Applicant and the Owner in developing property specific zoning to ensure that any future building is compatible with the adjacent low density residential neighbourhood and Queen Street South Mixed-Use Corridor while meeting the intent of the Victoria Park Heritage Conservation District Plan and the Mill Courtland-Woodside Park Secondary Plan. Schneider Creek Neighbourhood residents and community members were actively involved and consulted on this application for the past several years. Planning staff are appreciative of the productive and collaborative discussions by those involved. Planning staff are of the opinion that many of the comments received from the community have been addressed and that the development represents good planning. 1 - 14 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with these recommendations. COMMUNITY ENGAGEMENT: INFORM The Zone Change application has been circulated for comment to internal departments, external agencies, and all property owners within 120 metres of the subject lands onSeptember 6, 2013. The revised application was circulated on January 8, 2016. Written responses from property owners and interested parties are attached as D and are advance of the council / committee meeting. CONSULT Planning staff held two Neighbourhood Information Meetings onJanuary 20, 2014 and February 1, 2016where staff and the applicant gave presentations and dialogued through a question and answer session. All residents who provided comments or attended the Neighbourhood Information Meeting will be mailed notice of the public meeting, and notice of the public meeting will appear in The Record on August 19, 2016.Planning Staff also attended several informal meetings with the Owner and residents at the request of interested parties. CONCLUSION: Planning Staff are of the opinion that the proposed site specific zoning will permit residential intensification that is compatible and appropriate for the subject properties. The residential intensification of the site is consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Planning staff recommend that Zone Change Application ZC13/10/Q/GS, as attached, be approved. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Attachments: -law & Map No. 1 ings 1 - 15 CSD-16-060 Appendix A PROPOSED BY LAW August 10,2016 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 Polocorp Inc. and Barra on Queen Inc. 399-411 Queen Street South & 168-180 Benton Street) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.Schedule Number85o-law Number 85-1ishereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, from Existing Use Zone (E-1) with Zone Detail Schedule 2 to Low Intensity Mixed Use Corridor Zone (MU-1) with Zone Detail Schedule 2 and with Special Regulation Provision 1R and revised Special Regulation Provision 517R. 2.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1 from Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 1R and 517R and Zone Detail Schedule 2 to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 1R and revised Special Regulation Provision 517R and Zone Detail Schedule 2. 3.Schedule N-law Number 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, from Commercial Residential Two Zone (CR-2) to Commercial Residential Two Zone (CR-2) with revised Special Regulation Provision 517Rand Special Use Provision 440U. 4.-law Number 85-1ishereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4on Map No. 1, from Existing Use Zone(E-1) with Zone Detail Schedule 2 toCommercial 1 - 16 Residential Two Zone (CR-2) with Zone Detail Schedule 2 and with revised Special Regulation Provision 517R and Special Use Provision 440U. 5. Schedule Numbers 85and 86 -law Number 85-1are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 6.By-law 85-1 is hereby amended by adding Section 440U as follows: Notwithstanding Section 45.1 of this By-law, within the lands zoned Commercial Residential Two Zone (CR-2), a Semi-Detached Dwellingand Street Fronting Townhouseshall be permitted in accordance with the regulations in Special Regulation Provision 517R ofthis By- 7.-law 85-1 is hereby amended by replacing Section 517R in its entirety with the following: 517. Notwithstanding Sections 4, 6.1.1.1 a) v),45.3, 48, and 53.2 of this By-law, within the lands shown as affected by this subsection on Schedule Numbers 85and 86 of regulations apply: a) the minimum front yard setback shall be 18.4 metres; b) the maximum front yard setback shall be 25.0 metres; c) for the purpose of provisions (a) and (b) the front property line shall be defined as the property line(s) abutting the Queen Street South street line; d) parking shall not be located between the Queen Street South street line and the front building facade; e) the minimum setback from the southwesterly property line for any building less than 4.5 metres in height shall be 1.2 metres; f) the minimum setback from the southwesterly property line for any building equal to or greater than 4.5 metres in height shall be 5.6 metres; g) for the purpose of provisions (e) and (f) the southwesterly property line shall be defined as the property lines shared with the properties municipally addressed as 419 Queen Street South, and 10, 14, 20 and 24 Mitchell Street; h) the minimum rear yard setback shall be 6.0 metres; i) the minimum rear yard setback for covered porches shall be 4.5 metres; j) the maximum rear yard setback shall be 7.5 metres; 1 - 17 k) for the purpose of provisions (h),(i), and (j) the rear property line shall be defined as the property line(s) abutting the Benton Street street line; l) the maximum building height shall be 24.0 metres, regardless of zone, however, the maximum building height within 30 metres of Benton Street shall be 11.0 metres; m) that the maximum Building Height from the Queen Street South streetline shall be 7 storeys; n) that the minimum side yard setback for a semi-detached dwelling within 30 metres of Benton Street shall be 1.2 metres for a building less than 11.0 metres in height and 3.0 metres for a building greater than 11.0 metres in height. o) the required off-street parking shall be provided at a rate of 1.0 space per unit; p) the required residential visitor parking shall be 10% of the required parking rate; q) for the purpose of calculating Floor Space Ratio, only the portion of any building floor area which is adjacent to an exterior wall which is greater than 1.0 metre above grade shall be included; r) the lot area of all lands affected by this regulation shall be used to calculate the Floor PASSED at the Council Chambers in the City of Kitchener this ______day of ___________,2016. _____________________________ Mayor _____________________________ Clerk 1 - 18 1 - 19 CSD-16-060 Appendix B Advertised in The Record August 19,2016 901 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED AMDNEMDNT TO THE KITCHENER ZONING BY-LAW UNDER THE SECTION 34 OF THE PLANNING ACT 399-411 Queen Street South & 168-180 Benton Street The City of Kitchener has received a Zone Change application to allow the properties to be redeveloped with a medium- rise multiple residential dwelling building on Queen Street South along with street fronting semi-detached and townhouse dwellings along Benton Street. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, SEPTEMBER 12 at 7:00 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 verbal representation either in support of, or in 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 proposals, 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, viewing the report contained in the agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the th appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Garett Stevenson, Planner -519-741-2200 x 7070 (TTY: 1-866-969-9994)Garett.Stevenson@kitchener.ca 1 - 20 1 - 21 1 - 22 1 - 23 1 - 24 1 - 25 1 - 26 1 - 27 1 - 28 1 - 29 1 - 30 1 - 31 1 - 32 1 - 33 1 - 34 1 - 35 1 - 36 1 - 37 1 - 38 1 - 39 1 - 40 1 - 41 1 - 42 1 - 43 1 - 44 1 - 45 1 - 46 1 - 47 1 - 48 1 - 49 1 - 50 1 - 51 1 - 52 1 - 53 1 - 54 1 - 55 1 - 56 1 - 57 0.6m4m 0.6m MAX 4% 2m 2% MAX EXIST. CONC. SIDEWALK 100 MIN. 1070 64956495156661001484640064003350 1540 9150 12990 2745 7500 TYP. 350035003275260034043500350030503500 17801500 TYP. 2600 327.70 F.F.E. 1344 1274 71455710 9004505 324.53 F.F.E. MIN. 7600 1 - 58 28203500325032503250325032503170 300 1070 1070 500 255023670 28203500325032503250325032503170 24403023170112664130 1 - 59