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Home My WebLink AboutDTS-06-024 - Zone Change Application ZC 05/13/C/KG,15 Carrol Street J Development & Technical Services Report To: Date of Meeting: Development and Technical Services Committee Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: March 6, 2006 JeffWillmer, Director of Planning (741-2325) Andrew Pinnell, Planner (741-2765) Ward 2 Fairway-Gateway Ward (John Gazzola) February 7, 2006 DTS 06-024 ZONE CHANGE APPLICATION ZC 05/13/C/KG 15 Carrol Street Jairo A. Garzon and Rubiela Garzon (" ~~~~ ~ ~~ ~ 'IIf: tJ · t~ZIl ~~ " ii.' . '~P .~ . p ~. fIlif:IIIii.. . Y';;:. . :l./ . .I~:. ':~:..! /;,:, ~ '.';~~ ~~,~~ ~ ..~; ;:.~, .) ...:~..~. ~>.. ~... ..:. : ~~~ ".~~~<:~ '.; > ~,:.<~;(,~~::,..~.~.;... ~ ... .- '~,;<'~" , ~'" <.. ,-, I" ~ . ~;~lt!;:~!~--"~~..':',,::"::'~&,:~~!<:_"i~ I >. ~...~:,J - ""--""""~." "",''!r.#!<lfJt OJ; '-"'P,1/JIij '~!f~' i '11. ~ rfi~~'i'.~!,:-~:;-:'~4 ~;,! ,;-- -1:.1'7j;'.~ L~ ~,(;j;"~"'BIL.""!~;t''Y''~ Ik'''~~, :- .~.,.~ ,,' -':'i'~-j:~'.:';,~..J~.~;':rI~:-},.") :,:''/,::.:) ,- :::', .. . ""'i~FT,~ .1Z1~il~~.., '-" . ,. " " ') ~' ;..... . .J. ~ .~3f(~~"iJJ~k(.: :/ ~:.':7 -li;Jji!l/I/l!;):.~":-::. ... .. .. .~_ RECOMMENDATION: That Zone Change Application ZC05/13/C/KG, for Jairo A. Garzon and Rubiela Garzon, to change the zoning on the subject lands, at 15 Carrol Street, from Residential Four Zone (R-4) to Residential Five Zone (R-5), with Special Regulation Provision 439R on lands legally described as Plan 861 Part Lot 1, RP58R-3001 Part 4 in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated February 1, 2006, without conditions. BACKGROUND: This Zone Change Application pertains to the property municipally known as 15 Carrol Street, located at the corner of Carrol Street and Connaught Street, within the neighbourhood bounded by the Conestoga parkway, Highway 8, and Fairway Road South / Courtland Avenue East. The land currently contains a building being used as a Duplex Dwelling. The subject property is designated Low Rise Residential, and is zoned Residential Four Zone (R-4), which permits various types of residential uses having one or two dwelling units. The applicant is proposing to change the zoning to Residential Five Zone (R-5), which permits the same residential uses as the R-4 Zone as well as Lodging House and Multiple Dwelling with a maximum of 3 dwelling units. The applicant intends to convert the existing Duplex Dwelling (2 units) into a 3-unit Multiple Dwelling. No new development is proposed. REPORT: 1. Planning Comments Municipal Plan The City of Kitchener Municipal Plan policies support opportunities for a variety of housing options within neighbourhoods. Policy 1.1.1. of the Municipal Plan states that "the City favours a land use pattern which mixes and disperses a full range of housing types both across the City as a whole and within neighbourhoods." Staff are of the opinion that the proposal is consistent with the policies of the Municipal Plan. Densitv The applicant is proposing that the subject property be rezoned from Residential Four Zone (R- 4) to Residential Five Zone (R-5) in order to permit a 3-unit Multiple Dwelling. The R-5 Zone allows the same uses as the R-4 Zone, with the addition of Multiple Dwelling and Lodging house. The R-5 Zone permits a maximum of three dwelling units within a Multiple Dwelling. The proposal, therefore, implies a slight increase in density. Potential Uses and Limitations In the event that the owner does not proceed with the proposed use, the only possible variation from the uses permitted by the current zoning is the establishment of a Lodging House. The R- 5 Zone provides location criteria that restrict the number of Lodging Houses on a lot to one and the distance between Lodging Houses to 400 metres. Presently, there are no Lodging Houses in this area. A maximum of eight residents is permitted within a Lodging House. Further, the height of Multiple Dwellings and Lodging Houses is limited to 10.5 metres. Neiqhbourhood Character The proposal is consistent with the character of the surrounding neighbourhood. While the neighbourhood consists mainly of single detached dwellings, many other uses are present. Several Multiple Dwellings are located in the vicinity of the subject site, including an R-6 zoned six-storey multiple residential building located directly opposite the subject site on Connaught Street and an R-5 zoned 3-unit Multiple Dwelling located directly opposite the subject site on 2 Carrol Street. There are eight other R-5 zoned properties along Connaught Street, five of which are corner lots. Special Reoulation Provision The Off-Street Parking Regulations of Zoning By-law 85-1 require that a Multiple Dwelling totalling three to five dwelling units provide 1.0 spaces for each dwelling unit. The proposal is for a 3-unit Multiple Dwelling; therefore, three parking spaces are required. The current parking layout for the existing building allows two parking spaces to locate within the attached double garage. One additional parking space is required and can be accommodated within the side yard abutting Carrol Street, set back 2.2 metres from the street line. Although the Off-Street Parking Regulations prohibit required parking within the minimum side yard abutting a street or within 3.0 metres of the street line, the parking area currently exists to accommodate the required extra space, and has done so for several years without record of complaint. Planning Staff recommend that a Special Regulation Provision be included with this zone change in order to accommodate the required parking, allowing one required off-street parking space to locate within the minimum side yard abutting Carrol Street, set back from the street line by 2.1 metres. Transportation Staff confirmed that they have no concerns with the proposed zone change. In addition, the current rear yard setback of the subject Dwelling is 6.58 metres, whereas the Zoning By-law requires 7.5 metres. This setback represents a legal non-conforming situation that has been in effect for decades without record of complaint. Staff recommend that the above mentioned Special Regulation include a provision to address the legal non-conforming rear yard setback. 2. Property Owner Comments One response was received by Planning Staff from a property owner in the surrounding neighbourhood (see Appendix B, attached) in which a number of concerns were expressed and which are summarized below: Density Concern was raised over the density of the existing neighbourhood. The proposed zone change would permit a minor increase in density. The proposed use as a 3-unit Multiple Dwelling represents one dwelling unit more than what the existing zoning permits. This increase in density is negligible, when compared with the higher density of residential uses permitted on the opposite side of Connaught Street. Parking/Traffic The respondent commented that streets in the surrounding neighbourhood are used for street parking and that there is not enough parking for the existing dwellings. The proposed use has been reviewed from a parking point of view and it has been determined that, if the recommended Special Regulation Provision is adopted, the site will comply with zoning provisions for parking requirements and all required parking will be provided on site. Any non- 3 compliance matters dealing with parking/traffic may be reported to the City of Kitchener Enforcement Division. Precedent The respondent expressed concern over the potential of the zoning for the whole neighbourhood being changed. The Planning Division reviews all zone change applications on an individual basis. Zone changes are reviewed to ensure proposals are in accordance with sound planning principles, are representative of appropriate development, and are compatible with the character with the existing neighbourhood. Privacy The respondent commented that the zone change would lead to an encroachment upon neighbours' privacy. The subject zone change application does not propose any new development on the site. The change would allow the owner to establish three units within an existing building. Any development in the future would have to comply with required minimum setbacks which have the intention of maintaining privacy space between uses/buildings. Infrastructure Concern was expressed over increased strain upon aging sewers and infrastructure caused by the zone change. The Engineering Division reviewed the proposal and commented that "the existing sanitary system has sufficient capacity to accommodate the proposed changes". The increase of one dwelling unit within the present building should not be an encumbrance upon the existing neighbourhood infrastructure. Neighbourhood Character Concern was raised over the wide variety of housing types within the existing neighbourhood. The neighbourhood consists mainly of single detached dwellings, but does contain several other types of residential uses. As mentioned above, the City of Kitchener Municipal Plan states that "the City favours a land use pattern which mixes and disperses a full range of housing types both across the City as a whole and within neighbourhoods." The City of Kitchener is seeking variation of housing types within existing neighbourhoods in a manner that is compatible with the surrounding development. 3. Department/Agency Comments The application was circulated to all applicable agencies and internal departments and no objections or concerns were received. Department and Agency comments are attached as Appendix A. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. COMMUNICATIONS: Preliminary circulation of the original application was undertaken on July 27, 2005 to departments/agencies and all property owners within 120 metres of the site. The comments received are discussed above and attached as Appendices A and B. As well, an advertisement will be placed in The Record on February 10, 2006. 4 CONCLUSION: In summary, the Planning Staff recommend that Zone Change Application ZC05/13/C/KG be approved in the form shown in the Proposed By-law. Andrew Pinnell, BES Planner Della Ross, MA, MCIP, RPP Interim Coordinator of Development Review / Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments: . Survey/Sketch, OnPoint Air Photo . Proposed Zoning By-law . Newspaper Advertisement . Appendix A - Department/Agency Comments . Appendix B - Neighbourhood Comments 5 PROPOSED BY-LAW February 1, 2006 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 - Jairo A. Garzon and Rubiela Garzon - 15 Carrol Street) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule 195 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as Residential Five Zone (R-5) with Special Regulation Provision 439R, instead of Residential Four Zone (R-4), the parcel of land described as Part Lot 1, Plan 861, designated as Part 4 on Plan 58R-3001, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Schedule 195 of Appendix "A" to By-law 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 439 thereto as follows: "439. Notwithstanding Section 39.2.4 and 6.1.1.1 d) i) of this by-law, within the lands zoned R-5 on Schedule 195 of Appendix "A", described as Part Lot 1, Plan 861, designated as Part 4 on Plan 58R-3001, in the City of Kitchener, the following special regulations shall apply: a) The minimum rear yard shall be 6.58 metres for the building existing on the day of passing of By-law b) One required off-street parking space shall be permitted to locate within the minimum side yard abutting Carrol Street and set back from the street line by 2.1 metres." - Page 2 - PASSED at the Council Chambers in the City of Kitchener this day of , 2006. Mayor Deputy Clerk