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HomeMy WebLinkAboutCSD-16-072 - Zone Change Application - ZC16-002-B-ATP - Blair Creek Drive REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: December 5, 2016 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Juliane von Westerholt,Senior Planner,ext. 7157 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: October 6,2016 REPORT NO.: CSD-16-072 SUBJECT: ZONING BY-LAW AMENDMENT ZC16/002/B/ATP MATTAMY MONARCH LTD. ___________________________________________________________________ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 5 - 1 RECOMMENDATION: That Zone Change Application ZC/16/002/B/ATP (Mattamy Monarch Ltd.) requesting a change in zoning from Residential Four Zone (R-4), Residential Six Zone(R-6), Public Park Zone (P-1), Open Space Zone (P-2), to Residential Four Zone (R-4); to Residential Four Zone (R-4) with Special Regulation Provision 690and691;to Residential Six (R-6); to Residential Six (R-6) with Special Regulation 690and 692; to Public Park Zone (P-1), Open Space Zone (P-2)be approved - th December 5, 2016 attached to Community Services Department Report CSD-16-072as A EXECUTIVE SUMMARY: This zone change application is proposing to slightly alter the zoning regulations on the lands zoned R-4 and R-6 (relating to building setbacks, building height and lot widths) to accommodate new housing products proposed by Mattamy Homes. As a result of these modifications, there is a proposed increase in the overall number of residential units from 205 residential units on the previously approved plan to 217 residential units. REPORT: The subject property is located in the Doon South Planning Community and consists of the draft approved plan of subdivision 30T-07204, which was approved at the OMB in March of 2009. The lands are centrally located within the community with Blair Creek Drive as the main collector road through this area. The lands are also transected by a hydro corridor and they are located to the south of the existing Topper Woods development. Mattamy Homes has purchased the draft approved property and wishes to provide the consumer with a variety of housing options with design features and lot configurations that are unique to the Mattamy Homes and their products. As a result, a number of technical changes to the existing zoning regulations are being sought which would reduce the setbacks to the side and rear yards, slightly increase the height of the buildings and reduce the lot widths. These new regulations will result in improved design flexibility and land efficiencies to help achieve better urban design through enhanced architectural articulation and compact urban form, porches and verandahs, and interesting rooflines which together will create a more attractive, lively and inviting streetscape. The proposed changes will recognize and facilitate the provision of different housing styles and options that are detailed in the amending zoning by- law. However, the proposed zone change does not change the approved land uses of the plan or alter the configuration of the plan; nor does it reduce the number and availability of on-street parking spaces or decrease the boulevard space used for street tree planting or negatively affect the drainage and engineering in this area. These will remain unchanged as originally approved. Simply stated the proposed changes are refinements to the existing regulations that would facilitate the provision of different housing styles and options which when implemented will enhance the neighbourhood by providing for front porch style living. The resulting number of lots in the plan will have slightly increased from 205 residential units on the previously approved plan to 217 residential units. Provincial and Regional Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities. Specific policies promote the efficient development of lands; the provision of a range of housing types, 5 - 2 institutional lands, parks and open spaces to meet long-term needs; avoiding development that may cause environmental, public health or safety concerns; and providing land use patterns that are transit supportive, and that support active transportation, including the provision of trails and linkages. The proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are designated as part of the Designated Greenfield Area as defined by the 2006Growth Plan for the Greater Golden Horseshoe. new development taking pace in designated greenfield areas will be planned, designated, zoned and designed in a manner that contributes to creating complete communities, creates density and urban forms that support walking, cycling, and which provide a mix of residential housing types. Regional Official Plan & Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Plan & the Regional Official Policies Plan. Regional policies generally promote the establishment of a full range of housing types, efficient land use patterns and land use patterns that support alternative modes of transportation including transit, walking and cycling. The proposed Plan of Subdivision and Zone Change applications conforms to the Regional Official Plan or Regional Official Policies Plan. Municipal Policy Considerations Official Plan Designation (in effect) The subject lands are designated Low Rise Residential and Open Space Plan. Low Rise Residential districts shall accommodate a full range of housing types at a maximum density of 25 units per hectare as well as other compatible non-residential uses. In these districts the City favours the mixing and integration of different forms of housing to achieve an overall low intensity of use. The proposed range of residential, park and open space uses under consideration conforms to the Low Rise Residential designation established in the Doon South Community Plan. New Official Plan (under appeal) The subject lands are designated primarily Low Rise Residential with some Open Space and Natural Heritage Conservation Residential Designation accommodates a full range of housing types at an overall low intensity of use. The proposed residential uses conform to the designation in this plan. The Open Space storm water management facilities and hydro corridor, whereas the Natural Heritage Conservation designation consists of the provincially significant wetland on the south west corner of the property. Doon South Communty Plan The subject lands are designated Low Rise Residential and Open Space in the Doon South Community Plan which has been incorporated as a Special Policy Area in the existing Official Plan. The proposed plan of subdivision is consistent with the land use designations and policies contained in the community plan. Planning Analysis: In considering the foregoing, Staff is supportive of the proposed Zone Change and is of the opinion that the minor refinements to the zoning regulations provide for a range of housing options that are appropriate for the development and use of the lands within the context of the surrounding neighbourhood. It provides a housing choice and variety which is good for a 5 - 3 community.These modifications tothe zoning will result inaslight increase inthe overall number of residential units from205residential units to217residential units. A modification to the planof subdivisionwill be required to show thisaddition of 12 residential units to the plan. The plan will be lotted out through the modification tothe plan which will necessitate thatthe townhouse blocks are zoned with appropriate zoning categories. The proposed modifications tothe plan will also result inthe relocation andthe addition of a block for parkland purposes. These changes were alsoreflected in the zoning. In summary, the changes in zoning regulations will allow for a greater variety in housing options which will encourage front porch living through the permissions that will facilitate better design and enhanced streetscapes. The proposedZoning Bylaw Amendmentisconsistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Staff is of the opinion that the proposed Zone Change representsgood planning. Planning Analysis: In the opinion of staff, the application to approve thezone change for the following reasons: Staff is satisfied with the technical review and has incorporated any requirements through appropriate regulations. It has undergone apublic consultation review process and the two minor concerns raised have been addressed in the consultation section of this report. The proposed changes to the zoning regulations provide for a variety of housing types considered compatible and desirable in a low rise residential area catering to all home buyers. Transportation staff has tested these regulations (particularly corner lots) and is satisfied the proposed regulations will not pose a safety hazard and/or visibility risk for both vehicular and pedestrian traffic. Transportation staff has tested the proposed yard regulations against the provision to provide on-street parking and is satisfied they do not compromise the ability to provide on-street parking. It does not change or affect any of the environmental or engineering requirements imposed on the plan. These regulations do not affect the width of boulevard right-of ways. In consideringtheforegoing,staffisrecommendingtheapprovalofthezonechange application. AGENCY COMMENTS: Commenting agencies and City departments have no concerns with the Zone Change. Agency comments are attached in Appendix C. 5 - 4 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 AND CONSULT-The subject applications were circulated by mail within a 120 metre radius as required by Council policy. There were two responses received. The first response expressed concern over the impacts to Dodge Drive. This application for zone change does not affect Dodge Drive. The subdivision was already draft approved in 2009 and does not include plans for development along Dodge Drive. In addition, the Doon South Community Plan designated Dodge Drive as a scenic heritage road and has specific policies that do not encourage development along Dodge Drive beyond minor infill consents. Dodge Drive is intended to continue to serve only the local residents for access. The second comment indicated displeasure over the relocation of a park block within the plan. The decision to relocate the park block was done in consultation with the GRCA as well as City Operations and Engineering divisions and the new location will not negatively impact storm water management and will provide for a larger more unified park and open space system. Public Comments are attached in Appendix D. As there were only two neighbourhood responses, a Neighbourhood Information Meeting was not held. Notice of the PSIC meeting will be given in the Record on November 11, 2016. CONCLUSION: City of Kitchener staff supports the proposed Zone Change application. Staff is of the opinion that the proposed range of housing options is desirable for the future development of the subject lands and that the proposed regulations will ensure that the subject lands develop appropriately within the context of the surrounding neighbourhood. The Zoning Bylaw Amendment is consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Planning staff recommends that the Zoning By-law Amendment application ZC16/002/B/ATP be approved. ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Appendices A Proposed Zoning By-law & Map 1 B- Newspaper Notice C- Agency Comments D-Public Comments 5 - 5 CSD-16-072 - Appendix A BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener Mattamy Monarch Limited Dodge Drive Subdivision 30T-07204) WHEREAS it is deemed expedient to amend Zoning By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 209 and 250 of Appendix A to By-law 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, attached hereto, from Residential Four Zone (R-4) to Hazard Land Zone (P-3). 2. Schedule Number 250 of Appendix A to By-law 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, attached hereto, from Open Space Zone (P-2) to Residential Four Zone (R-4) with Special Regulation Provisions 690R and 691R. 3. Schedule Number 250 of Appendix A to By-law 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, attached hereto, from Residential Four Zone (R-4) to Public Park Zone (P-1). 4. Schedule Number 250 of Appendix A to By-law 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, attached hereto, from Public Park Zone (P-1) to Residential Four Zone (R-4). 5. Schedule Numbers 209, 210, 249 and 250 of Appendix A to By-law 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, attached hereto, from Residential Four Zone (R-4) to Residential Four Zone (R-4) with Special Regulation Provisions 690R and 691R. 6. Schedule Numbers 210 and 249 of Appendix A to By-law 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 6 on Map No. 1, attached hereto, from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 690R and 692R. 5 - 6 CSD-16-072 - Appendix A 7. Schedule Numbers 249 and 250 of Appendix A to By-law 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 7 on Map No. 1, attached hereto, from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provisions 690R and 692R. 8. Schedule Numbers 210 and 250 of Appendix A to By-law 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 8 on Map No. 1, attached hereto, from Public Park Zone (P-1) to Residential Four Zone (R-4) with Special Regulation Provisions 690R and 691R. 9. Schedule Number 250 of Appendix A to By-law 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 9 on Map No. 1, attached hereto, from Open Space Zone (P-2) to Residential Four Zone (R-4). 10.-law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 11. -law 85-1 is hereby amended by adding Section 690 thereto as follows: 690. (i) Notwithstanding Section 5.6.1 of this By-law, within the lands shown on Schedule Numbers 209, 210, 249 and 250 of stairs and access ramps: (a) The maximum height is 0.6 metres above finished grade level within 1.0 metres of a street line. (ii) Notwithstanding Section 5.6A.4 a) of this By-law, within the lands shown on Schedule Numbers 209, 210, 249 and 250 of permitted projections for dwellings: (a) Terraces, porches and decks may be located within a required side yard abutting a street provided the terrace, porch or deck is set back a minimum of 1.5 metres from the lot line abutting a street whether or not covered and provided they are not enclosed and do not exceed 1.2 metres in height above finished grade level. All railings that are attached to a terrace, porch or deck 5 - 7 CSD-16-072 - Appendix A shall be constructed in a manner and of materials that do not obstruct visibility of approaching traffic. (iii) Notwithstanding Section 5.24 of this By-law, within the lands shown on Schedule Numbers 209, 210, 249 and 250 of (a) The minimum setback for any residential building or part thereof, located on a lot which is abutting an Official Plan, shall be 12.0 metres from the street line, provided however that for multiple dwellings and street townhouse dwellings containing a minimum of four dwelling units, or any residential building with primary access from such arterial road, the setback requirements of the applicable zone shall apply. Any buildings located less than 12.0 metres from an arterial road shall be developed in accordance with mitigation measures recommended in the approved Noise Study as part of the Plan of Subdivision approval for the lands, but such mitigation measures shall not include noise walls or berms. (iv) Notwithstanding Sections 5.3, 6.1.1.1 b) iv) and 6.1.1.1 c) iii) of this By-law, within lands shown on Schedule Nos. 209,210, 249 and 250 shall apply: (a) On a corner lot, an access driveway shall not be located closer than the following distances to the intersection of the street lines abutting the lot and shall permit the parking of motor vehicles: a) 7.0 metres for corner lots fronting the intersection of two streets; b) 4.5 metres for corner lots with frontage on one street only 12. -law 85-1 is hereby amended by adding Section 691 thereto as follows: 691. Notwithstanding Section 38.2.1 of this By-law, within the lands zoned R-4 as shown on Schedule Numbers 209, 210, 249 and 250 of 5 - 8 CSD-16-072 - Appendix A For Single Detached Dwelling a) Minimum Corner Lot Width -12.0 metres b)Minimum Front Yard Setback- 4.5metresexcept no part of any building used to accommodate off street parking shall be located closer than 5.7metres to the front lot line c) Minimum Side Yard - 0.6 metres on one side, and 1.2 metres on the other, and in the case of a corner lot the 1.2 metres setback has to be applied to the side abutting the street d) Minimum Side Yard Abutting a Street 3.0 metres e) Minimum Rear yard 7.0 metres f) Maximum Building Height 11.5 metres g) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0metre from the side lot line abutting a street. 13. -law 85-1 is hereby amended by adding Section 692 thereto as follows: 692. i) Notwithstanding Section 40.2 of this By-law, within the lands zoned R-6 as shown on Schedule Numbers 210, 249 and 250 the following special regulations shall apply: For Single Detached Dwelling a) Minimum Corner Lot Width -12.0 metres b) Minimum Front Yard- 4.5 metres, except no part of any building used to accommodate off street parking shall be located closer than 5.7 metres to the front lot line c) Minimum Side Yard - 0.6 metres on one side, and 1.2 metres on the other and in the case of a corner lot the 1.2 metres setback has to be applied to the side abutting the street d) Minimum Side Yard Abutting a Street 3.0 metres, e) Minimum Rear yard 7.0 metres f) Maximum Building Height 11.5 metres g) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Street Townhouse Dwelling a) Minimum Lot Width- 6.0 metres b) Minimum Corner Lot Width - 9.5 metres c) Minimum Front Yard- 4.5 metres,except no part of any building used to accommodate off street parking shall be located closer 5 - 9 CSD-16-072 - Appendix A than 5.7 metres to the front lot line d) Minimum Side Yard - 0.6 metres (end units) e) Minimum Side Yard Abutting a Street 3.0 metres f) Minimum Rear yard 7.0 metres g) Maximum Lot Coverage - A total of 60 percent, of which the habitable portion of the dwelling shall not exceed 50 percent and the accessory buildings or structures, whether attached or detached, shall not exceed 15 percent. h) Maximum Number of Attached Units 8 units i) Maximum Building Height 11.5 metres j) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Multiple Dwelling a) Minimum Front Yard 4.5 metres, except no part of any building used to accommodate off-street parking shall be located closer than 5.7 metres from the front lot line b) Minimum Side Yard - 1.2 metres c) Minimum Side Yard Abutting a Street 3.0 metres d) Minimum Rear yard 7.0 metres e) Minimum Landscaped Area 15 percent f) Maximum Floor Space Ratio 0.75 g) Maximum Building Height 11.5 metres h) 0.5 metre encroachment may be permitted for a porch and/or balcony provided the minimum setback to the encroachment is 1.5 metres from the front and/or side lot line abutting a street i) 1.0 metre encroachment may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0m from the front lot line and/or side lot line abutting a street. ii) DespitOutdoor Amenity Area means an area in a rear yard used for landscaping and/or an area on a front, rear, side or roof 5 - 10 CSD-16-072 - Appendix A top balcony or deck which has direct access from the interior of the dwelling unit but which does not serve a PASSED at the Council Chambers in the City of Kitchener this day of ,2016. Mayor Clerk 5 - 11 CSD-16-072 - Appendix A y. 1 8 a a 3 1 e h w v k r 3 k 9 cl e 3 0 s oa. l e k 0 1 )cR lBW . o l v a m B i. 7 e 3 t . a 3 n 0 D h e k 3 e3 cd r i 1 0 o. us l t 0 e B u R F ( 7 1 5 0l 1a 9 i . t 3 a n 1 h e k1 d i c4 . s o l 0 e 4 B R 1 ) .l v a 6i . et 3 a n D h ke ce8 d r i 0 o . lu s t 0 Be u R F ( 5 e c 5 . a 4 ) a .l ) p .l 1 v a h 5iv .a et4 S i. 3e e k0 t a n3 1 Da v r hn c3 D ke n 0 1 h e. k e ce9 4 s o d e0 4e rc l i 0 0d e or k .i lu1 so cR p l. tu B s o 0 Bet l 0 u Be m B O u 3 R F. ( R F 0 ( 4. ) l .4 a v a 0k 3 1 i.h e t r 3 7 a 9 n k D a 1 h k e 3 c e3. c P d r i o 0 o 0 l l. us t 0 Be B u R F ( ) .l e v a v 5 2 i.r e t 1 e 3 7 a 4s n D e h k k e c R e4 c d o r l i 0 o m l.B u s 3 t . 0 Be 0 u R F ( 2 1 9 6 2 y. 5 a a 1 0 h w 3 kk 8 l c 0 a. o l0 W B 4 0 5 5 1 8 1 0 1 1 5 6 9 8 t 0 1 y. r n 9 5 a a e 9 5 1 e . h t w 4 1 k2 a k a 5 l m 1 c0 1 h . a 9e w o l 0 k4 g W B 0m c7 a r. 0 o 3 ln o0 0 1 t 0 a 6B 1 S M 0 y . 5 a a 1 h w kk2 l 6 c0 a. 1 o l 0 W B 0 2 1 5 5 0 2 l a i t n e 0 . d 5 i 4 a s 2 1 h 1e k9 R c 4 . o e l 10 l e B5 p i c 6 t . l5 a 4 a u2 p 1 h S M 3 k2 y. 5 a a c9 n 1. h w o e l 1 2 kk l p c 0 B a. o l0 O W B e c 8 . a 4 a p 01 h 3S k0 1 c6 n . o e l 1 p B O 4 4 1 3 SCHEDULE 249SCHEDULE 250 3 1 4 4 5 3 . 3 4 SCHEDULE 210 a SCHEDULE 209 1 1k h r 5 k a 5 c P. o l0 B 8 3 1 2 3 6 7 . 3 4 ea n 1 ch e a k9 p p c1 . O o S l 0 7 B 3 0 4 2 . 4 a 1k h r 2 k a c 0 .P . o l0 a k hB r 3 a 0 P . 0 5 - 12 CSD-16-072 - Appendix B Blair Creek Drive and Watermill Street- Mattamy Monarch Ltd. The City of Kitchener has received a Zone Change on the subject lands. The lands are proposed to be rezoned from Residential Four Zone (R-4), Residential Six Zone (R-6), Public Park Zone (P-1), Open Space Zone (P-2) and Hazard Lands Zone (P-3) to Residential Four (R-4), Residential Four (R-4) with Special Regulations 690R and 691R, Residential Six Zone (R-6) with Special Regulations 690R and 692R, Public Park Zone (P-1), Open Space Zone (P-2) and Hazard Lands Zone (P-3). The purpose of the zone change is to reduce certain regulations to allow a variety of housing options resulting in improved design flexibility and land efficiencies to help achieve better urban design through enhanced architectural articulation and compact urban form, porches and verandahs, and interesting rooflines which together will create a more attractive, lively and inviting streetscape. This will permit a range of residential uses including single detached, semi-detached, townhouses, multiple dwelling units. In addition, the subject lands will be supported by public park and open space. (INSERT MAP) Juliane vonWesterholt, Senior Planner-519-741-2200 ext.7157(TTY: 1-866-969-9994), juliane.vonwesterholt@kitchener.ca The public meeting will be held by the Planning and Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: TH MONDAY, DECEMBER 5 , 2016 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 opposition to, the above noted proposals. 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 these 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 above, 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). 5 - 13 CSD-16-072 - Appendix C 5 - 14 CSD-16-072 - Appendix C 5 - 15 CSD-16-072 - Appendix C 5 - 16 CSD-16-072 - Appendix C 5 - 17 CSD-16-072 - Appendix C 5 - 18 CSD-16-072 - Appendix C 5 - 19 CSD-16-072 - Appendix C 5 - 20 CSD-16-072 - Appendix D 5 - 21