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HomeMy WebLinkAboutDTS-06-130 - Zone Change App ZC 05/17/D/BB - 468 Doon South Dr ) ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee October 23, 2006 Jeff Willmer, Director of Planning (519-741-2325) Andrew Pinnell, Planner (519-741-2668) South Ward (4) October 16, 2006 DTS-06-130 ZONE CHANGE APPLICATION ZC 05/17/0/88 468 Doon South Drive Lotco Limited RECOMMENDA TION: That Zone Change Application ZC05/17/D/BB, Lotco Limited, to change the zoning on the subject lands at 468 Doon South Drive from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 447R, on lands legally described as Block 2, Registered Plan 395 in the City of Kitchener, be approved in the form shown in the attached "Proposed By- law", dated July 24,2006, without conditions. EXECUTIVE SUMMARY: The physical form of the development is already permitted as a cluster townhouse development with either rental or standard condominium occupancy. The sole purpose of this zone change is to allow freehold ownership of each townhouse. BACKGROUND: The subject property is located slightly northeast of the intersection of Doon South Drive and Robert Ferrie Drive with some frontage on both streets. The property is approximately 1.2 hectares in size and is currently vacant. The property is currently zoned Residential Six Zone (R-6), which permits a wide range of residential uses, including street townhouse dwellings and cluster townhouse dwellings. A zone change application has been submitted to add a Special Regulation Provision to allow 37 proposed street townhouse dwellings to have frontage on a private street (i.e. a driveway), instead of a public street as would otherwise be required. Each townhouse is intended to be designed to be on a separate lot and to be tied to other parcels of land for common use as part of a Common Elements Condominium. A site plan for this project has already been registered and is attached as Appendix "A" (Registered September 14, 2006 as Instrument No. WR245248). The division of land to create the separate lots and the tying together of the various lots would be accomplished through a subdivision process and a condominium application, respectively, both of which are applications distinct from the subject zone change. Until the zone change, subdivision, and condominium all take effect, this project would be considered a cluster townhouse development, which is permitted under the zoning by- law. REPORT: 1. Planning Comments The applicant is proposing to change the zoning on the subject lands from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Regulation Provision 447R, which would facilitate the establishment of a Common Elements Condominium (private road and on-site amenities) tied to 37 freehold townhouse dwelling units. The proposed Special Regulation Provision would allow street townhouse dwelling units to be designed without frontage on a public street provided that all such dwelling units are Parcels of Tied Lands to a Common Elements Condominium consisting of at least a private driveway connecting to Robert Ferrie Drive and Doon South Drive. The access to and legal frontage for the townhouses would be via the internal private driveway. The proposed zone change complies with the Low Rise Residential designation of the City's Municipal Plan and meets the intent of the Multiple Residential category of Doon South Community Plan. The current R-6 zoning of the site permits street townhouse dwellings and the proposed special regulation provision does not change the physical form of the development. The design specifications for the townhouse development were established through the approved site plan application (see approved site plan attached as Appendix "A"). The development conditions established through the site plan process should ensure that the City's requirements for functional and aesthetic design, landscaping, engineering, stormwater management, traffic, parking, and other development components are satisfactorily completed. 2. Property Owner Comments Sixteen written responses were received through the neighbourhood circulation of this application, including one letter of concern that was signed by 84 people with respect to the subject application and/or the development proposed through the related site plan application. The comments received are attached as Appendix "E" and are summarized below along with staff responses. Desire / need for parkland and play space for children The provision of parkland is dealt with through the policies of the Community Plan and through the subdivision process. There is a recognized need for active park space in the Doon South area. This subject property has been designated in the Doon South Community Plan as Multiple Residential since 2003, while other locations have been identified for open space and active park space. Desire / need for schools and community facilities in this area Schools and community facilities are planned through the policies of the Community Plan and through subdivision approval. As stated above, the subject property has been designated since 2003 as Multiple Residential in the Community Plan. The Community Plan has designated two areas for elementary school sites, one near the southeast corner of Doon Village Road and Doons South Drive, and the other at the northeast corner of Tilt Drive and Apple Ridge Drive. Community facilities have not been identified on the Community Plan for Doon South. Proposed townhouses are too high and make area unappealing. Multi-level townhouses are more obtrusive than bungalow style or low-rise units The Residential Six Zone (R-6) permits a maximum building height of 10.5 metres for townhouses, which would accommodate multi-level units. The areas surrounding the subject site on the opposite sides of Robert Ferrie Drive and Doon South Drive currently contain single detached dwellings and street townhouse dwellings and are zoned R-6. The maximum building height for these uses is also 10.5 metres. Notwithstanding, the townhouse units proposed on this site are two storey. Preference to see townhouses with direct street access In this case, the developer prefers that the townhouse units have access to two public streets via a private driveway and, hence, has applied for a zone change. One purpose of the subject zone change application is to allow the townhouses to be owned individually, while other parts of the development would be owned in common. Individual ownership of the lots, however, can only take place if frontage is created off a street, or in this case, a private road. In addition, the proposed access design allows the development to have two access points to public streets rather than multiple accesses to public streets from individual units. Townhouses make the neighbourhood unappealing. Single detached dwelling are preferred The Low Rise Residential designation of the property is intended to accommodate a full range of housing types, including, for example, single detached dwellings and townhouses. Both of these dwelling types already exist in the area immediately surrounding the subject property. The City favours the mixing and integration of different forms of housing to achieve a low overall intensity of use in this designation. In addition, the proposed townhouses were reviewed by the City for conformity with the City's Urban Design Manual as part of the site plan control process. The Manual outlines certain design criteria that the developer had to comply with in order to obtain final site plan approval for the townhouses. The intent of these design criteria is to ensure aesthetically pleasing and functional design. Request that the development be fenced to improve appearance from the street The Zoning By-law does not require that the proposed use be fenced. In addition, Staff consider the proposed use to be compatible with the surrounding development; therefore, a fence would not be necessary. Concern over a lack of on-street parking The proposed development, including the provision of on-street parking, was reviewed through the site plan process. The owner would be required to provide 65 parking spaces if the development was to remain as a cluster townhouse complex (townhouse residents do not own their own lot). As the intention is to develop the site as a street townhouse complex (townhouse residents do own their own lot), 37 parking spaces are required. The proposed zone change will not take effect unless the development becomes a street townhouse complex. The related site plan application that has been approved specifies 65 parking spaces within the development: 37 spaces in front of the internal units, and 28 spaces internal to the development but not directly in front of the units. As the intention is to create a street townhouse complex, 28 spaces more than are required by the zoning by-law are to be provided. Increased traffic problems and safety traffic issues in this area due to overcrowding and motorists missing a stop sign. Request for traffic calming measures Transportation Planning Staff advise that Doon South Drive is currently operating at an acceptable level of service and capacity in terms of its intended function as a major collector road. The amount of traffic turning to and from the proposed condominium site driveway is not expected to significantly affect traffic operations. Transportation Planning Staff further advise that they will be recommending that the final design of the condominium site includes stop signs at the driveway exits. Transportation Planning Staff also advise that this area has been scheduled to be assessed this year for inclusion on the priority list for the potential installation of traffic calming measures, which would include speed studies and updating the traffic counts and collision history. With respect to motorists missing stop signs in this area, Transportation Planning Staff advise that during a traffic study in the area, it was observed that there is a compliance issue at the intersection, predominantly with construction traffic at the southbound stop sign on Robert Ferrie Drive. When the traffic study was underway in March 2006, it was noted that construction traffic was significant, comprising approximately 30 percent of the total traffic. Staff advise that the Waterloo Regional Police have been requested to conduct enforcement at the intersection regarding the issue of construction traffic disregarding the stop signs. Staff intend to paint stop bars and centre line pavement markings at the intersection to reinforce the stop signs. Concern over snow removal from new area Until a condominium application and subdivision application are approved for this site, snow removal would be the responsibility of the current owner. At such time as the development becomes a Common Element Condominium and freehold townhouses, snow removal would be the responsibility of the condominium corporation, which would govern the operation of the complex, and/or the individual townhouse owners. Any concerns regarding snow removal may be reported to the City's By-law Enforcement Division. Concern regarding drainage in area. Sidewalks and street often water covered. Concern over additional water flowing down the street Stormwater drainage over the subject property should be reviewed as a condition of site plan control process. As part of final site plan approval, the applicant must ensure that proper drainage has been accommodated to the satisfaction of the City's Engineering Division. In addition, as part of an approved subdivision process for the area, stormwater management concerns should have been sufficiently addressed. Any concerns with drainage or stormwater management in the area may be reported to the City's Engineering Division. 3. DepartmentlAgency Comments The application was circulated to all applicable agencies and internal departments and no objections were received (see Appendix "0"). FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. COMMUNICA TIONS: Notice of the subject application was circulated to departments, agencies and property owners within 120 metres of the subject lands on January 27, 2006. In total there were 16 written responses received from neighbouring property owners. The responses were summarized and discussed in the Property Owner Comments section of this report and are attached as Appendix "E". All those who responded to the original circulation will be sent a copy of this report, along with notice of the public meeting, prior to the meeting. Notice of the public meeting to be held by the Committee of Council dealing with Development and Technical Services matters on October 23, 2006 was advertised in The Record on September 29,2006. CONCLUSION: In summary, the Planning Staff recommend that Zone Change Application ZC05/17/D/BB be approved in the form shown in the Proposed By-law, attached as Appendix "B". Andrew Pinnell, BES Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments: . Appendix "A" - Approved Site Plan . Appendix "B" - Proposed Zoning By-law and Map No. . Appendix "C" - Newspaper Advertisement . Appendix "0" - Department/Agency Comments . Appendix "E" - Property Owner Comments 0:: '<t '<t Z o U5 ~m~ ~ eS~ oUJo ~8~ ~~8 ~~~ ~~~ O::UJUJ ::2UJI 00::1- I "<t ("\I Wo Oz z<( W z 2 W 0:: I- Z W o ~ ~W & 26~ ~w~t:j~2 862~~g ONO-l-l-l IwZ<(<(~ ~~~~~~ CIl(/)O::ooe g~~~~~ 3~~~~~ (/) I- ~ :J w z 2 PROPOSED BY-LAW July 24,2006 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 - Lotco Limited - Doon South Drive) 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. Schedules 248 and 249 of Appendix "A" to By-law Number 85-1 are hereby amended by designating as Residential Six Zone (R-6) with Special Regulation Provision 447R, instead of Residential Six Zone (R-6), the parcel of land described as Block 2, Registered Plan 58M-395, municipally known as 468 Doon South Drive, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Appendix "D" to By-law 85-1 is hereby amended by adding Section 447 thereto as follows: "447. Notwithstanding Section 4.2.222 and 5.2 of this By-law, within the lands zoned R-6 on Schedules 248 and 249 of Appendix "A" and described as Block 2, Registered Plan 58M-395, 37 Street Townhouse Dwellings shall be permitted without frontage on a public street provided that all such dwellings are Parcels of Tied Lands to a Common Elements Condominium consisting of at least a private driveway connecting to both Doon South Drive and Robert Ferrie Drive. For purposes of this special regulation provision the front lot line shall be deemed to be that lot line abutting the internal private driveway portion of the Common Elements Condominium." PASSED at the Council Chambers in the City of Kitchener this day of , 2006. Mayor Clerk