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Home My WebLink AboutDTS-07-066 - Zone Change Application ZC07/04/B/LT, Demolition Control Application DC07/01/B/LT, 28 Becker Streetii ID ~_ ~... .~ REPORT Report To: Development & Technical Services Committee Date of Meeting: May 28, 2007 Submitted By: Jeff Willmer, Director of Planning Prepared By: Lisa Thompson, Development Technician (741-2847} Ward(s) Involved: Ward 1 -Bridgeport-Centre Date of Report: April 18, 2007 Report No.: DTS-07-066 Subject: ZONE CHANGE APPLICATION ZC07/04/B/LT DEMOLITION CONTROL APPLICATION DC071011B/LT 28 BECKER STREET HENRYWALSER FUNERAL HOME ~~ ~~~~+~- Subject Property ~R~ ,~~~~ r,~, a, ~ ~~ `'~ M 1 ~, e t i~ i .~ K< ~~~ { w. s ~~ ~• "~ fi i ~ j ~~ ~~~ ~ ~ ~~ , 4 4~ ~ ~I ~ << } '' `~~ .~ ~~~ . ~~ ~~;, RECOMMENDATION: That Zone Change Application ZC07/041B1LT (28 Becker Street -Henry Walser Funeral Home) for the purpose of changing the zoning from Residential Five Zone (R-5) to Commercial-Residential Two Zone (CR-2) with special use provision, 2680, to permit the use of Funeral Home on the lands legally described as Part Lot 32, Plan 42 in the City of Kitchener, be approved in a form shown in the attached "Proposed By-law" dated April 16, 2001, without conditions; and further That demolition control application DC071011BILT requesting permission to demolish a single detached dwelling located at 28 Becker Street, legally described as Part Lot 32, Plan 42, be approved without conditions. BACKGROUND: The subject property is located on the north-east side of Becker Street, adjacent to the existing Walser Funeral Home. The owner has applied for both a zone change and demolition application for the purpose of expanding the existing funeral home. The dwelling at 28 Becker Street is proposed to be demolished to allow for the future development of additional parking for the funeral home. The zone change is required to permit the use of `funeral home' on the property. REPORT: Zone Change Application The applicant is proposing to change the zoning from Residential Five Zone (R-5) to Commercial-Residential Two Zone (CR-2) with special use provision 268U to permit the use of `funeral home' on the property. The property is designated as Mixed Use Node in the City's Municipal Plan. The Mixed Use Node designation is intended to provide a balance of commercial, multi-residential and institutional uses that are compatible with the surrounding Low Rise Residential development. The funeral home use is in keeping with the types of commercial uses outlined in the Mixed Use Node designation. The location of the subject property is at the dead end of Becker Street and there are no residential properties across the street from this location. The site is adjacent to the existing Walser Funeral Home which is presently zoned CR-2 with Special Use Provision 2680. Approving the zone change for the subject property is appropriate to permit the development of additional parking forthe funeral home. The owner has recently gone through the site plan approval process to construct an addition to the existing funeral home. In order to ensure adequate on site parking is available for patrons, the owner has purchased 28 Becker Street for the future expansion of on site parking. It should be noted that the proposed additional parking to be developed on the subject property is not required parking under the City of Kitchener Zoning By-law, but rather additional parking that the owner recognizes a need for. By providing the additional parking for patrons, the demand for on-street parking in the neighbourhood will be significantly reduced. 2 Demolition Control Application Under the Planning Act, the purpose of Demolition Control is to maintain residential properties within the municipality and to prevent their premature or unjustified removal, including preventing demolition for reasons such as long-term redevelopment. Seven criteria, as outlined in Council Policy I-1010 are used to evaluate the appropriateness of an application to demolish a residential property in circumstances where no building permit will be issued for a new building on the site: 1. Property Subject to the Ontario Heritage Act The subject property is not listed or designated as a heritage property. 2. Architectural and Historical Value The existing single detached dwelling was built in approximately 1947 and is typical of the small brick homes of that era with no significant architectural or historical value. 3. Condition of the Dwelling The building is in good condition requiring no significant upgrades. 4. Impact of Demolition on Abutting Properties, Streetscape and Neighbourhood Stability The loss of one residential dwelling will not have a negative impact on this largely stable residential neighbourhood. There is an existing mix of single detached dwellings and multiple dwelling on Becker Street and in the surrounding neighbourhood. There will be no visual impact on the streetscape as there is vacant land immediately across the street. 5. Timeframe of Redevelopment The owner is anticipating that the timing for the demolition of the dwelling and development of the parking lot for the funeral home to be spring of 2008. 6. Proposed Use in Terms of Zoning and Compatibility with Ad jacent Properties The property is designated as Mixed Use Node in the City's Municipal Plan. This designation is intended to provide a balance of commercial, multi-residential and institutional uses that are compatible with the surrounding Low Rise Residential development. Subject to approval of the zone change application, the funeral home use is in keeping with the types of commercial uses outlined in the Mixed Use Node designation. There are only two residential properties that may be affected by the demolition, 34 Becker Street and 133 Ann Street. The potential impact on these properties will be minimal as any future development on the property will be subject to site plan approval under Section 41 of the Planning Act. Installation of a 1.8 metre high visual barrier would be required adjacent to the residential properties. 7. Department/Agencycnd Public Input No objections were received as part of the circulation. 3 FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: Two responses were received from neighbouring property owners who had no concerns with the proposal. Seven responses were received from internal departments and applicable agencies, again, all with no concerns regarding the proposed zone change. The Ministry of Transportation did advise that the owner will be required to obtain a buildinglland use and sign permit prior to any demolition, grading or construction on the site. CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC07/04/B/LT be approved in the form shown in the Proposed By-law; and further, that Demolition Control Application DC071011B/LT be approved without conditions. Lisa Thompson, CPT Development Technician Jeff Willmer, MCIP, RPP Director of Planning Attarhmpntc• Proposed Zoning By-law Newspaper Advertisement Appendix `A' - InternallAgency Comments Appendix `B' -Property Owner Comments Della Ross, MCIP, RPP Manager of Development Review 4 .~ N ~z ~ ~ J w 0] ~ ~ X ~~~ z ~ ~ 0 N N .~ ~_ ~ ~ Z W wJZ O Ww0 ZQ WW ZZN 0~~ ~z OQ ~ Nw~ WZON WOW ~ Z >°~ O~w z~=Q m ~ ~w~ N ~WO~~z ~ ~ Q~ r J U~ Z Z J J J O O ~ ~J~ ~ QzwOQaQ~J W ~ L~ Q_~ > UaVN~~~~Q zw ~ ~~ wUJ > WOOQWWW~O OZZW U (~ oWQ ~ ~=?-ooo~~ N~Oz ~ N ~w WSW U ~ ~Na~fn(nfnZ~WW~NO ~ ~U ~~~ z m O~OW~~~~~z~~w ~ z ~ ~O WO p UO=~JJJO(nO20>_X ~ O sw U2 ~ Z WO ~ N~ILILfA ~O~ ~ Z U=~OQQQD?YJJJJ z ~ ~(n W LL~~ w~QO Z~~vUUU~~~QQQQ O Q .~Q U_ ~ ~ZXN ZQzQwww~zaZZZZ N V ~z Q owo~ Wm~~~~~m~~wwww J = ~ ~JWZ ~=~W~~~=~J~O~~ ~ ~W W p~aW Zp~~000p~mc~c~c~c~ ~ 0~ ~ wwa= OwO~UUUWO~wwww m z=QU UzUQ~N~zUa~~~~ Q o ~ OUW~ ~Nc'~c~~~~~N~c~~~t4 W N (n Nc~OY UUUUUUU ~ ~ a~~~~ Ur ~ ~Z ;¢ , ;w F 1 Y~. l ~h U ~~ YY ~ .'~ ~YY \ ~~ ~ /~ ~ ~ taY W ~ ! 1 \ IY-` ~ \ ,~ " '~ 1cv ~ Y ~, ° ~ `, ~ ~' /gyp N ~~- ~ ~ ~; , ~ ~ (n C4 Y; '-~ OO ` ati Y ~ 1i % / ;, y ~ ~~, , ~" ,v f / ~t`,~~ / ~ ~ 'i ' ~_ Y y~~ `~' \' U Q ~~ ~< a`~ PROPOSED BY-LAW April 16, 2007 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 -Henry Walser Funeral Home -Becker 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 140 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as Commercial Residential Two Zone (CR-2) with Special Use Provision 2680 instead of Residential Five Zone (R-5}, the parcel of land described as Part Lot 32, Registered Plan 42, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Appendix "A" to By-law 85-1 is hereby further amended by adjusting the zone boundaries as shown on Map 1 attached hereto. 3. Appendix "C" to By-law 85-1 is hereby amended by deleting Section 268 and replacing it with the following: "268 Notwithstanding Sections 45.1 and 45.3 of this By-law, within the lands zoned CR-2 on Schedule 140 of Appendix `A' described as Part of Lots 8, 9, 10, 11, 12, and 32, and Lot 31, Registered Plan 42, the following shall apply: a) Health Office, health clinic, medical laboratory, personal services, printing establishment, private club or lodge, veterinary service, and convenience retail except a florist shop, shall not be permitted; b) The minimum floor space ratio as required by Section 45.3.1 shall only apply to multiple dwellings and street town house dwellings; c} The maximum floor space ratio for office shall be 0.5; and 2 d) Florist Shop shall only be located within a building used for a funeral home or office, and may not exceed 20 percent of the gross floor area and in no case exceed 225 square metres of gross leasable commercial space." PASSED at the Council Chambers in the City of Kitchener this day of A. D. 2007. Mayor Clerk