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Home My WebLink AboutDTS-07-035 - ZC 06/05/V/AP and MP06/05/V/AP, 751 Victoria Street SouthREPORT Report To: Development and Technical Services Committee Date of Meeting: March 5, 2007 Submitted By: Jeff Willmer, Director of Planning (519-741-2325} Prepared By: Juliane von Westerholt, Senior Planner (519-741-2776} Ward(s) Involved: Ward 6 Date of Report: February 16, 2007 Report No.: DTS-07-035 Subject: ZC 06/05/V/AP and MP06/05/V/AP 751 Victoria Street South Tanem Developments Ltd. ~~ ~~~ ~~~~- ~~~ ~~~ ~~ ~~~ ~' °~. ~~ ~~ ~ ~JBJECT ..: PROPERTY ~~ ~ ~~.~~ ~~~~ RECOMMENDATION: 1) That Municipal Plan Amendment Application MP06/05/V/AP (751 Victoria St.-Tanem Developments Ltd.) be approved, being an amendment to a) Add Special Policy 42 to Part 3, Section 12 as follows: 42. Notwithstanding the Medium Rise Residential designation, on lands municipally known as 751 Victoria St. S., retail uses shall be permitted . 1 b) Amend Map 8 to include Special Policy 42 as shown on Schedule A attached. 2. That Zone Change Application ZC 06/15/V/AP (Tanem Developments, 751 Victoria Street} requesting a change in zoning from Commercial Residential Two (CR-2} with Special Use Provision 191 U to Commercial Residential Two (CR- 2}with Special Use Provision 191 U as revised, on lands legally described as Registered Plan 1319, Block A, be approved in the form shown in the attached "Proposed By- law", dated February 16, 2007. BACKGROUND: The subject property is owned by Tanem Developments Limited, and is located on the south- west corner of the Westmount Road West and Victoria Street South intersection. The property is in the Victoria Hills neighbourhood, and the subject lands are located in an area predominantly comprised of medium rise and high rise residential development. The property is 17,235 square metres in area, and has approximately 9.5 metre side yard setback on Victoria Street with frontage on Westmount Road. The property contains 4 buildings with uses including service commercial, medical, office and restaurant uses. The applicant has requested that retail use be added as a permitted use for the subject lands as this use would assist in securing a tenant for the site. In September 2001, the City of Kitchener Council adopted a new Commercial Policy Structure under Amendment No. 36, which deleted the existing Nodes and Corridors and the Commercial District policies of the Municipal Plan fat that time}, and established a new commercial policy structure for the City. This new commercial policy was based on a structure of nodes and corridors, which was intended to provide for all commercial uses at appropriate locations, and allow for the development of mixed use nodes throughout the City, while regulating commercial areas by built form rather than specific types of commercial uses. Prior to Amendment 36, the subject property was identified as within the `Westmount Road/ Victoria Street Secondary Node', which contained a mix of uses including medium and high rise residential, offices, retailing, personal service, institutional, entertainment, recreational community and social services, and a combination of non-retail commercial, office and medium to high rise residential. It is important to note, that the `Westmount Road/Victoria Street Secondary Node' was the only Secondary Node under the former commercial policy that was not re-designated as a `Mixed Use Node' or `Neighbourhood Mixed Use Centre' as part of Amendment No. 36. City Staff did not specifically object to retail uses at that time, but did not consider this site specifically, as it already functioned as a node. Now that retail use has been requested by the owner, City Staff have no objections as this area meets the criteria, considered in MPA 36, for retail use. REPORT: Municipal Plan Policies The subject lands are currently designated Medium Rise Residential in the City of Kitchener Municipal Plan. This designation is generally intended to accommodate a range of housing types to achieve a medium overall intensity of use. While multiple residential is intended to be the predominant form of development, this designation also provides a full range of non- residential uses. According to Policy 3.1.2.3, these permitted uses shall include but are not 2 limited to: convenience commercial, health offices, health clinics, day care facilities, religious institutions, residential care facilities, restaurants in plazas, service stations and car washes, where compatible. These non-residential uses are subject to locational criteria including that these uses be situated at or near commercial nodes or centres in order to maximize vehicular accessibility as well as availability of transit and pedestrian linkages. The applicant has requested that the current designation be modified to include retail uses as permitted uses under the Medium Rise Residential Designation. This is currently not permitted as noted above, as this intersection was not included from the City's previous Amendment No. 36 which would have identified this intersection as a Mixed Use Node and would therefore have permitted the retail use. The Victoria Street /westmount Road intersection was not included as a Mixed Use Node and therefore does not include a retail component among the permitted non- residential uses for this designation. The rationale for this was that at the time, it was determined by staff that this intersection already functioned as a node and a new designation was not required. Had it been considered specifically during the review for Municipal Amendment No. 36, retail uses would have been included. City Staff support some retail use at this location and therefore support the Municipal Plan Amendment and Zone Change Amendment to include retail among the permitted uses in the Medium Rise Residential Designation at this location, given that the subject lands are already developed for commercial uses, and are located along an existing arterial road system. In addition, the immediate area includes uses such as medium to high rise residential development as well as other community services typically located in Mixed Use Nodes as identified in the Municipal Plan. The retail component would not likely alter the nature of this mixed use area and is appropriate for the area. More importantly, the inclusion of retail uses at this location would not impact other commercial areas as this an established commercial area within the community. Zoning By-law Amendment In order to implement the Municipal Plan Amendment, the application proposes to rezone the property to include a revision to the Special Use Provision which would permit retail uses in addition to the range of uses currently permitted in the SCR-2} zone. These uses include but are not limited to: health office and clinic, educational uses, office, institutional, financial establishments, service related uses such as day cares and residential care but does not include retail uses other than convenience retail. A Special Use Provision already exists on the site. Staff is proposing that the Special Use Provision be revised to include retail as a permitted use. FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: Agency Comments Preliminary circulation was undertaken on July 14th, 2006 to all appropriate agencies and to all property owners within 120 metres of the subject lands. The Agencies that have responded have no major concerns regarding this application. The circulation notice, agency and department comments are attached in Appendix A. Public Comments We received five (5} responses from the surrounding property owners circulated. Of these comments, two did not have any comments, and one had no concern with the application subject to the type of retail permitted. Adult video stores and uses of that nature should not be permitted. In this regard, Staff is unaware that a use of this nature is being contemplated for the 3 subject lands, moreover, these tend to be discreetly located and screened. Another neighbour indicated concern over the type of development permitted by the proposed amendment, more specifically, issues were raised over the height of any structures and the affect that higher density development would have on property values. In view of this comment, the regulations are not being changed by way of this amendment, and furthermore, there are no changes to the existing buildings proposed. In short, the current elevations are intended to remain unchanged and the height regulations applicable to the site continue to apply. In addition, concern was raised over ducks that frequent the culvert along the north side of Vicmount and how they were going to be protected. The neighbourhood comments are included in Appendix B. CONCLUSION: In summary, Planning Staff recommend that Municipal Plan Amendment Application MP/06/05/V/AP and Zone Change Application ZC/06/05/V/AP which would include retail use as a permitted use in addition to the existing uses currently permitted in the Medium Rise Residential designation and the Commercial Residential Two Zone (CR-2) zone be approved. Juliane von Westerholt, B.E.S. Senior Planner Jeff Willmer, MCIP, RPP Director of Planning Della Ross, M.A.MCIP, RPP Manager Development Review Attachments: Proposed Municipal Plan Amendment Proposed Zoning By-law Newspaper Ad Appendix A-Agency Comments Appendix B -Public Comments 4