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HomeMy WebLinkAboutDTS-07-002 - Zone Change Application ZC06/27/Q/RM, 588-598 Queen St. SREPORT Report To: Development and Technical Services Committee Date of Meeting: January 8, 2007 Submitted By: Jeff Willmer, Director of Planning (741-2325) Prepared By: Ryan Mounsey, Senior Planner (741-2643) Caroline Draper, Student Planner (741-2987) Wards} Involved: 6 West -Victoria Park (Coun. C Weylie) Date of Report: December 27, 2006 Report No.: DTS-07-002 Subject: ZONE CHANGE APPLICATION ZC06/27/Q/RM 588-598 Queen St. S Davood Khosrowshahian RECOMMENDATION: 1. That Zone Change Application ZC06/27/Q/RM (588-598 Queen St. S) for the purpose of changing the zoning from Arterial Commercial Six Zone (C-6) with Special Use Regulation 88U to Commercial Residential Two Zone (CR-2) with Special Regulation 450R to permit a minimum sideyard setback of 1.2 metres instead of 3.0 metres and subject to holding provision 53H which requires preparation of a transportation noise study and Record of Site Condition to the satisfaction of the Regional Municipality of Waterloo on lands legally described as Part Lot 71 Subdivision of Lot 17, German Tract, City of Kitchener be approved in the form shown in the attached "Proposed By-law", dated December 27t" without conditions, and; 2. That the site plan to be approved for 588-598 Queen Street South be based on the concept plans and drawings generally in accordance with those appended to Report DTS-07-002. EXECUTIVE SUMMARY The subject property, known municipally as 588-598 Queen Street, is in the Queen Street Mixed Use Corridor. The Mixed Use Corridor land use designation promotes more intensive transit supportive development. The land use policy permits a variety of transit oriented uses including multiple-residential, institutional and a broad range of commercial uses. The applicant is proposing a zone change from Arterial Commercial Six Zone (C-6) with Special Provision 88U to Commercial Residential Two (CR-2) Zone, with a special regulation for the reduction of the sideyard setback from 3.0 metres to 1.2 metres and maintain the existing 88U use. The property is currently used for the outdoor storage of automobiles and until recently, also included a gas bar. The property is irregular in shape and requires modifications to the zoning by-law setback requirements to accommodate a new building on the site. The owner is proposing a mixed use building on the site with an office or convenience retail use as permitted in the CR-2 Zoning at grade and approximately 25 affordable housing apartment units within a six-storey building. Given the irregular dimensions of the subject site, the sideyard reduction is required to allow the proposed building to locate along the Queen Street frontage. Based on the preliminary design concept, the proposed building will provide a high level of design features which respects the quality and character of the surrounding neighbourhood. Final building design and site design details will be considered as part of the formal site plan approval process. BACKGROUND: The subject property is located on the north side of Queen St. South and is bound by the CN railway to the south and the Iron Horse Trail immediately to the north and a proposed 14-storey apartment building abutting the trail. The site is currently used for outdoor storage and until recently, included a gas bar illustrated below on the aerial plan. 2 The applicant had previously met with City staff to investigate the opportunity to develop the property with a mixed use building that would conform to the Mixed Use Corridor land use designation and could be integrated into the upcoming City initiated mixed use corridor zoning. City staff indicated that a mixed use building with residential/office uses would conform with the Mixed Use Corridor land use policies and would be permitted by the proposed mixed use zoning or approved a separate zone change application. The Mixed Use Corridor zoning process has been delayed and the applicant has submitted a separate zone change application to permit a mixed use development under the CR Zoning regulations with site specific provisions. The property is currently zoned as an arterial commercial (C-6) Zone and does not permit residential land uses. The proposed CR-2 zoning, with special provisions, permits a broad range of commercial and residential land uses that conform with the Mixed Use Corridor land use policies and provides required flexibility for locating a building on an irregular shape parcel. REPORT: 1. Planning Comments Site Description The subject property is 2987 square metres area and is irregular in shape with 43.5 metres frontage on Queen St. South. The site was formerly used as a gas bar and the storage of automobiles. The site is bound by the Iron Horse Trail to the north, and commercial uses to the south which includes a 4-storey silo. The surrounding area is a mix of residential, commercial, institutional and light industrial. The property to the north of the subject site is a 14-storey apartment. A rail line is located further south. This line is CN's Huron-Park Spur, classified by CN as a Principal Branch Line. Section 5.2.3 (b) of the Zoning By-law 85-1 requires a minimum setback of 15.0 metres from the lotline of the railway right-of-way together with a berm or a combination of a berm and a fence along such line. The site is adjacent to the Victoria Park Conservation Heritage District and is located in the Queen St. S Mixed Use Corridor. New development is required to be compatible with the Heritage District and is subject to specific guidelines contained in the Design Brief for Mixed Use Corridors. Building elevations will be reviewed and approved through the site plan approval process. A copy of the preliminary building elevation facing Queen Street is attached in Appendix B to illustrate the conceptual massing and architectural features. The site is also located along Queen Street, a regional road. This road is planned for reconstruction in 2008. Traffic impacts including access will be reviewed as part of the Environmental Assessment process. The Region has provided comments related to the proposed development noted in the Agency Comment section of this report. Mixed Use Corridor Land Use Policies and Design Guidelines The Municipal Plan, under the Victoria Park Secondary Plan, designates the subject property Mixed Use Corridor. The intent of this land use is to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development, which includes mixed-use buildings. 3 New development located in the mixed use corridor land use designation is subject to specific design guidelines provided in the Mixed Use Corridor design brief adopted by Council in 2005. The design guidelines encourage developments which: ^ Maintain human scale form and compatibility; ^ Encourage compact urban form and promote intensification; ^ Achieve high quality building and landscape design that contributes to a sense of place ^ and corridor identity; ^ Create walkable, transit supportive environments, and; ^ Promote civic design and the creation of a high quality public realm that inspires innovation, creativity and corridor identity. The proposed development meets the general intent of the design guidelines which will be further applied through the site plan approval process. Proposed Zone Change Application The applicant is proposing to change the zoning from Arterial Commercial Six Zone (C-6} with Special Use Provision 88U to Residential Commercial Two Zone (CR-2} with Special Regulation 450R and Holding Provision 53H as identified as Area 1 on Map 1. The proposed Zoning By-law is attached in Appendix "A". The C-6 Zone permits a range of uses, including convenience retail, daycare facilities, funeral home, health clinic, hotel and office. The CR-2 Zone establishes a maximum density of 0.5 Floor Space Ratio for office uses and does not include any density restrictions for other permitted uses The Special Use Provision 88U prohibits the use of the site for a car wash which is not permitted in the CR-2 zone category. The requested CR-2 Zone permits a mix of residential and commercial uses, including multiple dwellings, financial establishment, hotel, office and convenience retail. The CR-2 Zone requires a minimum of density of 0.6 Floor Space Ratio, which translates into a minimum gross floor area of 1,860 square metres for this site. Given the irregular configuration of the subject site, the applicant is requesting a reduction in the minimum sideyard setback from 3.0 metres to 1.2 metres. The reduction in the sideyard setback would allow for the proposed building to be located close to Queen St. S., would provide sufficient flexibility for amixed-use building footprint to be located on this irregular shaped site. Proposed Development The applicant has indicated that the proposed development is intended to provide for quality designed mixed use building which includes affordable housing and an accessory building to function as a small training facility. The Concept Site Plan for the proposal is attached in Appendix B illustrating the general location of the building located close to Queen Street. The proposed mixed use building and ancillary structure will be approximately 1830.4 square metres in gross floor area resulting in a 6-storey building form with a Floor Space Ratio of approximately 0.61 (1830.4 gfa12987.48 square metre site area}. Parking is proposed in the rear yard with access provided under the building. The underpass entrance includes decorative columns to enhance the building design. The site will not have vehicular access to David Street. The rear of the subject property is adjacent to the Victoria Park Heritage District. Given the location of the proposed building at the front of the property, there would be minimal visual 4 impact on housing located within the Heritage District. An ancillary workshop building is proposed in the rear yard and will be used for a variety of functions. No additional parking spaces are required for this accessory building. The City's Urban Design Guidelines promote transit supportive development with higher building design standards within the mixed use corridors particularly adjacent to a Heritage Conservation District. The applicant has prepared conceptual building elevations to address this issue. The building elevations include a mansard roof to create an articulated residential roofline, a defined base section incorporating a brick finish to compliment the surrounding building materials, a strong cornice and articulated middle section with detailed window treatments, quoins and horizontal banding. A copy of the conceptual building elevation is attached in Appendix B. Final building elevations will be approved through the site plan approval process. The applicant has also agreed to provide decorative wrought iron style fencing with enhanced landscaping along the Iron Horse Trail to contribute to an attractive trail linkage and additional site design details. The proposed residential building must be located at least 15.0 metres from the railway right-of-way. The proposed building is located approximately 20.5 metres from the railway right-of-way. Additional fencing will be provided adjacent to the railway line. Fencing and landscaping details will also be addressed through the site plan approval process. Planning Opinion In planning staff's opinion, the proposed development conforms with the Mixed Use Corridor land use policy and can be accommodated through the proposed CR-2 zoning regulations which permits residential uses along a transit route, establishes a minimum density requirement (0.6 FSR minimum) that contributes to transit use and contains a special side yard setback regulation to address the irregular property configuration. Floor Space Ratio is a calculation that determines minimum or maximum development potential by taking the rate of the total building gross floor area divided by the total lot area. The proposed development is considered compatible with the surrounding uses given its scale, building massing, design features and proposed landscaping features. The proposed building scale provides an appropriate transition between the planned 14-storey apartment building to the north and the 4-storey silo structure to the south. The building is also located close to Queen Street away from David Street and is located on a major transit route. The development will include specific site design details approved through the site plan process to address aesthetic considerations along the trail and berming adjacent to the railway. The DTS Report includes a recommendation requesting that future development be based on the proposed development concept as attached in Appendix "B". 2. PROPERTY OWNER COMMENTS In general, the neighbourhood comments identified the need to develop the property in a manner that reflects the quality of Queen Street, the Iron Horse Trail and Victoria Park. Concerns were identified with the height and density of the building. In addition, traffic concerns were identified. Specific comments were received regarding clarification as to the type of business that would locate on the ground floor of the proposed building, property maintenance issues associated with the proposed development, architectural quality of the proposed development. One respondent opposed the proposed application. Other comments received supported the development, stating that is a positive addition to the street and an improvement to the existing use and a general comment supporting reduction in parking requirements. 5 DEPARTMENTIAGENCY COMMENTS The application was circulated to all applicable agencies and internal departments. Agency comments are provided in Appendix "D". Regional staff recently identified several concerns related to the proposed Zone Change application. Numerous concerns can be addressed through the site plan approval process with the exception of reviewing and approving a noise and vibration study. The Region further noted concern with providing a Record of Site Condition given that the property is identified as being a "suspected" contaminated site and road widening requirements and the need to complete a transportation noise and vibration study. After discussion with Regional staff, City Planning staff recommends to incorporate a holding provision to ensure that the applicant prepares a transportation noise study and Record of Site Condition to be lifted at such time when the Region is satisfied. The remaining agencies and internal departments indicated that they did not have any concerns or objections with this application. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. COMMUNICATIONS: Notice of the subject application was circulated by mail to departments, agencies and property owners within 120 metres of the subject lands on November 14, 2006. Notice of the public meeting was advertised in The Record on December 15, 2006 attached in Appendix "C". Staff received 12 written comments and numerous phone messages. 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. CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC061271Q/RM be approved in the form shown in the Proposed By-law with a holding provision requiring the applicant to prepare a transportation noise and Record of Site Condition to the satisfaction of the Regional Municipality of Waterloo. Ryan Mounsey, BES, MUDS, MCIP, RPP Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Caroline Draper Student Planner AttachmPnt~~ A: Proposed Zoning By-law B: Concept Plan with Proposed Building Elevations C: Record Ad D: Agency Circulation Comments E: Neighbourhood Circulation Comments 6 PROPOSED BY-LAW December 27t", 2006 BY-LAW NUMBER OF THE CORPORATION OFTHE CITYOF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Davood Khosrowshahian, 588-598 Queen 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 86 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as Commercial Residential Two (CR-2) with Special Regulation Provision 450R and Holding Provision 53H, instead of Arterial Commercial Six Zone (C-6) with Special Use Provision 88U, for the parcel of land described as Part Lot 17 Subdivision of Lot 17, German Company Tract, 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 450 thereto as follows: "450 Notwithstanding Section 45 of this By-law, within the lands zoned CR-2 shown as affected by this subsection on Schedule 86 of Appendix "A", the minimum side yard setback shall be 1.2 metres." 3. Appendix "F" to By-law 85-1 is hereby amended by adding Holding Provision 53 thereto as follows: "53 Nothwithstanding Section 45.1 of this By-law, within the lands zoned CR-2 shown as affected by this subsection on Schedule 86 of Appendix "A", residential development shall not be permitted until such time as: a} The City of Kitchener is in receipt of a letter from the Regional Municipality of Waterloo, advising that the Region's requirements have been satisfied with respect to the submission of a noise study addressing traffic noise impacts and any necessary agreement has been entered into, between the City and the Owner, providing for the implementation of any recommended noise mitigation measures; b) The City of Kitchener and the Regional Municipality of Waterloo are in receipt of a Record of Site Condition, prepared in accordance with the Guideline for Use at Contaminated Sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for residential use; c) The holding symbol affecting these lands has been removed by By-law. PASSED at the Council Chambers in the City of Kitchener this day of 2007. Mayor Clerk