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HomeMy WebLinkAboutDTS-08-175 - ZCA07/21/K/SR - 391 Karn St - Joseph Service Station LtdI L REPORT 74 Report To: Development & Technical Services Committee Date of Meeting: November 17, 2008 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2319) Prepared By: Sheryl Rice, Development Technician (519-741-2844) Ward(s) Involved: Ward 1 — Bridgeport-Centre Date of Report: October 16, 2008 Report No.: DTS 08-175 Subject: ZONE CHANGE APPLICATION ZC 07/21/K/SR 391 KARN ST JOHN SERVICE STATION LTD LEGALIZE AN EXISTING THREE-UNIT MULTIPLE DWELLING 1 RECOMMENDATION: That Zone Change Application ZC 07 /21 /K /SR (391 Karn Street — John Service Station Ltd) for the purpose of changing the zoning from Residential Four (R -4) to Residential Five (R -5) with special regulation provision, 4850, on lands legally described as Plan 645 Part Lot 20 Part Lot 21 RP 58R3109 Part 2, in the City of Kitchener, be approved in the form shown in the "Proposed By -law ", attached to Report DTS 08 -175, subject to the following condition: 1) That the Zoning By -law not receive three readings until the existing cedar trees on both sides of the driveway, which are located within the driveway visibility triangles, be trimmed to provide adequate sight lines, to the satisfaction of the Director of Transportation Planning. BACKGROUND: The property is located on the south side of Karn Street between Alice and Lawrence Avenues and is currently zoned Residential Four (R -4). Although the R -4 zoning permits a maximum of two dwelling units, the property is currently being used as anon- complying three -unit multiple dwelling. The applicant is proposing to rezone the subject property to Residential Five (R -5) to legalize the three -unit multiple dwelling. REPORT: 1. Planning Comments The property is designated Low Rise Residential in the City's Official Plan, which is intended to "accommodate a full range of housing types and favours the mixing and integration of different forms of housing to achieve a low overall intensity of use The surrounding properties consist predominantly of R -4 zoning, with some R -6 zoning to the west along Weichel Street and some R -7 zoning to the north along Brybeck Crescent. The proposed increase in use is only one unit more in density and the triplex use has been in existence since 1993, when the current owner purchased the building. There have been no complaints received to date regarding the triplex use. Planning staff are of the opinion that the use of the property as a three -unit multiple dwelling represents appropriate low rise development and would contribute a type of housing to further diversify the housing stock. This would be in keeping with the Provincial Places to Grow Growth Plan and Provincial Policy Statement which encourages appropriate intensification generally throughout the built up area to plan for a range of housing. In regards to parking, a three -unit dwelling requires a minimum of three parking spaces and the subject property has three parking spaces in the existing driveway. However, one parking space is located between the building fagade and the front lot line which does not comply with the parking requirements of the Zoning By -law. The proposed Special Regulation provision, 485R, would legalize one of the required parking spaces to be located between the fagade and the lot line. The City's Traffic section has no concerns with the existing parking configuration but does recommend that the trees on either side of the driveway be trimmed in order to provide clear sight lines. 2 2. Property Owner Comments A notification letter was circulated on July 22, 2008, to allow for property owners to submit comments to the City. One written comment was received and is attached to this report in Appendix "E ". The writer expressed concerns regarding the maintenance of the property and the noise created by tenants. Staff note that this could be dealt with by our By -law Enforcement staff should an official complaint be received. As well, one neighbour contacted staff by phone and requested a copy of the staff report. 3. Department/Agency Comments The application was circulated to all applicable agencies and internal departments. There were eleven comments received. Transportation Planning staff have noted concerns regarding visibility and sight lines for tenants or visitors parking in the existing driveway. This has been addressed with the condition attached to the recommendation above. Long Range and Policy Planning staff has commented that the most appropriate zoning would be R -5, rather than the R -4 zoning noted in the initial circulation letter for the zone change. The by -law attached proposes the R -5 zoning for the property. This zone change has also been reviewed in light of new policies for intensification and redevelopment of residential properties and Policy Planning staff has no further concerns with the application. 3 Engineering staff note that the owner must pay for any capping of redundant services or any new services that may be required for the property. The following City departments had no concerns: Community Services, Building and Fire. The following external agencies had no concerns: The Region of Waterloo, the Waterloo Catholic District School Board and the Grand River Conservation Authority. FINANCIAL IMPLICATIONS: N COMMUNICATIONS: It is noted that this application was submitted in October. 2007, but was placed on hold as a result of Interim Control By -laws 2006-154 and 2007-130, which temporarily prohibited new multiple dwelling uses on lands zoned Residential Five (R -5) within the Central Neighbourhood areas. The Interim Control By -laws expired in June, 2008 and the processing of this application has resumed. Circulation of the application was undertaken on July 22, 2008 to all relevant departments /agencies and all property owners within 120 metres of the site. The zone change application will be advertised in the KW Record on October 24th, 2008, in regards to the public meeting to be held on November 17, 2008. CONCLUSION: In summary, the Department of Development and Technical services recommends that zone Change Application zC 07121 /KISR be approved in the form shown in the Proposed By -law subject to the condition noted above. Sheryl Rice, COF Development Technician Alain Pinard, MCIP, RPP Interim Director of Planning List of Attachments Della Ross, NIA, MCI P Manager of Development Review Appendix "A" — Aerial photo Appendix "B" — Proposed zoning By -law and Map Appendix "C" — Newspaper Advertisement Appendix "D" - Department /Agency Circulation Comments Appendix "E" -- Property Owner Comment F, bE f9 ..tipp.endix http:Hcokonpapp/ output/ PlanningMap— cakonpapp47123668192 jpg 10/16/2008 .....APPENDIX `B' PROPOSED BY-LAW October 16, 2008 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 Bylaw for the city of Kitchener - John Service station Ltd -- Karn Street) WHEREAS it is deemed expedient to amend Bylaw 85.1; NOW THEREFORE the Council of The corporation of the city of Kitchener enacts as follows: 1. Schedule No. 42 of Appendix "A" to By -law Number 85 -1 is hereby amended by designating as Residential Five Zone (R -5) with Special Regulation Provision 4858, instead of Residential Four Zone .(R -4), the parcel of land described as Part of Lots 20 and 21, Registered Plan 845, being Part 2 on Plan 58R -3109, in the city of Kitchener. These lands are shown on Map No. 1 attached hereto. Z. Schedule No. 42 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 Number 85 -1 is hereby amended by adding section 485 thereto as follows: "485. Notwithstanding Section 0.1.1.1 d) i} of this By -law, within the lands Zoned R -5 on Schedule 42 of Appendix "A" and described as Part of Lots 20 and 21, Registered Plan 845, being Part 2 on Plan 58R- -3109, a multiple dwelling is permitted to have one parking space located between the fagade and the front lot line only within the existing driveway." day of PASSED at the council Chambers in the city of Kitchener this Iii Mayor Clerk APPENDIX ' C' Councilor C. Weylie West -- Victoria Park ward ZC 07/21 /K/SR John Service Station Ltd Advertising in The Record, October 24, 2008 CITY OF KITCHENER. COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS Invites PROPERTY OWNERS AND INTERESTED PAR.TES To attend a PUBLIC MEE'T'ING TO DISCUSS A PROPOSED ZONING BY -LAW UNDER SECTION 34 OF THE PLANNING ACT 391 Karn Street — ZC 07 /21/K/SR The City of Kitchener has received a zone Change Application for the subject lands. The applicant is proposing to rezone the lands from Residential Four (R -4) zone to Residential Five (R -5) zone with a special provision. The existing use of the property as a three -unit multiple dwelling is to be legalized, and a special provision will permit one parking space to be located between the building facade and the front lot line. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMI'T'TEE, a Committee of Council which deals with Planning Matters on MONDAY, NOVEMBER 17, 2008 at 7:00 PM IN THE COUNCIL.! CHAMBERS, 2"d FLOOD, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public !Meeting and make written and/or verbal representation in respect of the proposed by -law. If a person or public body does not nuke oral submissions at this public meeting or make written submissions to the City prior to the approval of the by -law, the Ontario Municipal Board may dismiss future appeals. ADDITIONAL INFORMATION relating to the proposed zoning By -law is available for inspection between 8:30 a.m. and 5:00 p.m. at the Development and Technical Services Department, Planning Division, 61h Floor, City hall, 200 King Street West, Kitchener. 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N i33 e-- � � +' rss to ' = N cm LA Ry u� U 0 F- o U � -j to LL Q a- U i fo; o c @P EF ef+: L7 •o- � ac N � qC! �; Q zrra 4' �co in C O r- r C, fl CC N Cti WJ : JOAM' i To whorn it may concern, This letter is regarding the proposed Zone Change application. appendix '"E,if # 2/ 3 Friday, August 15, 2008 I would- like to express that I do not feel this would be a positive change for the neighbourhood, for a number of reasons. • The property itself has been poorly kept, grass has not been mown, shrubs and trees on the property are not t -a=cd, leaving the property looking unattractive. Garbage is not put out properly, resulting in it blowing all over the street and into other people's yards. The balconies are usually crammed with various items, contributin g an em to unkempt look. P ■ The tenants residing in that building have consistently behaved in a manner that is unacceptable; yelling and screaming profanities from the balcony, for example. There have been tines I have had to take my young daughter into the house, due to the level of noise and profanity issuing from that residence. After seeing the way these tenants speak to and interact with each other, there is no way any other resident on the'street would want to approach them to speak to there about their behaviour. There have been issues involving the police at that residence on many occasions. More tenants of the same calibre would equal more noise, and more disruption to the enjoyment of other people living in the area Increased parking would also be unattractive, as currently there are often man y ears parked on the street in front of the residence M I don't feel this change would help to increase property values in the- area; it would detract from the value and the overall enjoyment of the current homeowners in the area. Thank you, Regards,