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HomeMy WebLinkAboutDTS-08-030 - Zone Change App ZC 07/24/S/JB - 72 St. Leger St~~l ~I~ Develapmeni& Technrca! Services Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved Date of Report: Report No.: Subject: 5~ Development and Technical Services Committee January 5, 2009 Alain Pinard, Interim Director of Planning (519-741-2319) Andrew Pinnell, Planner (519-741-2668) Ward 1: Bridgeport -Centre December 19, 2008 DTS-08-030 ZONE CHANGE APPLICATION ZC07/24/S/JB 72 ST. LEGER STREET BLACK TUSK CAPITAL CORP. RECOMMENDATION: A. That Zone Change Application ZC07124/SIJB, requesting a change from General Industrial Zone (M-2) to General Industrial Zone (M-2) with Special Use Provision 381 U and Special Regulation Provision 486R on lands legally described as Part Park Lot 287, Plan 378, in the City of Kitchener, owned by Black Tusk Capital Corp. be refused, and further B. That revised Zone Change Application ZC07/24/SIJB to change from General Industrial Zone (M-2) to General Industrial Zone (M-2) with Special Use Provision 381 U and Temporary Use Provision 12T and Special Regulation Provision 486R on lands legally described as Part Park Lot 287, Plan 378, in the City of Kitchener, awned by Black Tusk Capital Corp., be appraved in the farm shown in the attached "Proposed By-law" (Appendix "C"), dated October 17, 2008, attached to report DTS-08-030. BACKGROUND: The subject property is located at the northeast corner of St. Leger Street and Breithaupt Street. The subject property is approximately three-quarters of a hectare in area and is developed with a three-storey mixed use building, constructed in approximately 1910. The building was originally constructed for manufacturing purposes; however, it is apparent that other uses are now in operation within the building, including warehousing, artisan establishments, contractor's establishments, offices, and retail. The subject property is designated General Industrial in the City's Official Plan and zoned General Industrial (M-2) in the Zoning By-law. Staff are recommending that the application be refused and a revised application be approved based on parking concerns that have been identified through the circulation. REPORT: 1. Planning Comments Praposed Zone Change The applicant is proposing to change the zoning on the subject parcel of land from General Industrial Zone (M-2) to General Industrial Zone (M-2) with a Special Use Provision to allow a maximum of 25 percent (1555 square metres) of the gross floor area of the existing building to be used for retail purposes. In addition, the applicant has requested a Special Regulation Provision to allow: • A minimum front yard setback of 5.8 metres, whereas the M-2 Zone requires 6.0 metres, • A minimum side yard abutting a street setback of 3.79 metres, whereas the M-2 Zone requires 6.0 metres, • Outdoor storage to be located a minimum of 4.21 metres from a side lot line abutting a street, whereas the M-2 Zone requires a minimum of 6.0 metres, • Outdoor storage to be located a minimum of 5.18 metres from that part of a side lot line which forms a boundary between an M-2 Zone and a Residential Zone, whereas the M-2 Zone requires a minimum of 7.0 metres. • parking to be provided in the minimum quantity of 18 spaces for permitted retail, as a main use accommodating 352 square metres or more. The M-2 Zone permits a wide range of commercial and industrial uses; however, retail is not permitted unless it is accessory to a permitted main use. An M-2 zoning regulation states that "not more than 25 percent of the amount of gross floor area used for a permitted main use shall be used for accessory retail purposes." Currently, 6 percent (352 square metres) of the gross floor area of the building is used for non- conforming retail purposes. Planning staff understands that the owner has an immediate need to expand existing retail gross floor area to 15 percent (915 square metres). In order to accommodate future retail expansion, the applicant is requesting a Special Use Provision to allow 25 percent (1555 square metres) of the gross floor area of the building to be used for retail as a main use. Official Plan Policies and Compatibility The Long Range and Policy Section of the Planning Division has commented on the subject application with respect to the Official Plan and advises that the General Industrial policies do not specifically identify that using a portion of a building for general retail is permitted or prohibited. The Official Plan generally discourages retail use in industrial areas since this type of use is encouraged and permitted in many other locations. This particular site is different than other typical industrial areas. This section of Breithaupt Street contains a mixture of uses including commercial, residential, office, and industrial. It is along-established street between Kitchener's main rail corridor to the south and a stable residential neighbourhood to the north. This section does not function like a typical, modern industrial park. It appears that this area is in transition. An internal planning review of properties in this area identified the subject property as being a good candidate for adaptive reuse. The proposal is consistent with the Official Plan given that: (1} the proposed retail space represents a minor amount of floor area of the existing building; (2) there is no new construction required to facilitate the use; (3) industrial uses could easily be re-established should the retail component relocate; (4) the proposal would not remove significant industrial/employment space from this area; (5) the building is in good condition; (6) there is a history in Kitchener of adaptive reuse of buildings for new uses; (7) there would be a limited impact on the neighbourhood and surrounding properties; and (8) the majority of the building would remain with permitted M-2 uses. It should be noted, however, that staff's opinion is suited to the subject building and street and that similarly zoned properties should be reviewed on their individual characteristics and merit for retail conversions. Staff Response to Proposed Zone Change Although the proposed retail use can be considered appropriate, staff has concerns with the parking demand that may be created if 25 percent of the building is used for retail purposes. The Zoning By-law parking requirement for retail use is one of the most stringent of all uses due to the relatively high parking demand (1 parking space per 20 square metres of gross floor area). The parking requirement calculation for the existing situation (based on 6 percent retail) indicates that 83 parking spaces are required (18 spaces for retail use alone), whereas a conceptual site plan shows 83 parking spaces are provided, which appears to be the maximum number of parking spaces that can be accommodated on the site. If 25 percent of the building was to be used for retail and all other uses remained the same, as many as 143 parking spaces might be required. In response to staff concerns over parking, the applicant did provide a parking survey which convincingly demonstrates that the current parking demand is significantly lower than expected based on City parking regulations. The applicant also provided a convincing justification for reducing the required parking to the number of parking spaces which can be accommodated on site (i.e., 83 spaces). Although staff sees some merit in the survey and justification, staff still has concerns due to potential changes in use and intensity of use which could quickly create higher parking demand than what is currently seen, especially considering the transient nature of the businesses operating within the building. In order to address this concern staff is proposing a Special Regulation Provision to require a minimum of 18 parking spaces for permitted retail as a main use, accommodating 352 square metres or more. This would ensure that at least 18 spaces are reserved for the retail component, regardless of the percentage of retail floor area that Council should decide to approve. The applicant has agreed to this wording for their application. Planning staff is of the opinion that the proposed zone change as submitted is not appropriate and cannot be supported because of the potential parking issues. This opinion is expressed in Recommendation "A" of this report. Notwithstanding, should Council decide to approve the application as submitted, a "Proposed By-law" has been prepared in this regard and is attached as Appendix "B", dated October 16, 2008. The applicant is not opposed to the proposed revisions to the application but would prefer to have the original request approved as submitted. Proposed Revision to Zone Change Application Notwithstanding staff's response to the proposed zone change, staff could support the application to change the zoning from General Industrial Zone (M-2) to General Industrial Zone (M-2) if revised to include the following: • a Special Use Provision to allow a maximum of 15 percent of the gross floor area of the existing building to be used for retail, and • a Temporary Use Provision to allow 25 percent of the gross floor area of the existing building to be used for retail for a period of 3 years, and • a Special Regulation Provision, as proposed on the original application In limiting the retail floor area to 15 percent, staff is confident that adequate parking could be provided on site, regardless of potential changes in use and intensity within the building. A Temporary Use Provision would allow the 25 percent retail use requested by the applicant, for a temporary period of 3 years. This would allow the owner and City Enforcement staff to monitor the site to determine the effect of the expansion of the retail use on parking demand. Toward the end of the 3-year period, the owner would have the option to re-apply to the City for an extension of the Temporary Use Provision or for a permanent increase in the retail floor area. The City would have to re-examine the proposed use, intensity, and parking demand at that time. Staff has prepared a "Proposed By-law" that is reflective of the Planning Division's recommendation to revise the application in the abovementioned manner. The "Proposed By- law" is attached as Appendix "C", dated October 17, 2008. Corresponding Site Plan Application The property is the subject of a Site Plan Application (file number SP07/155/5/JB), which proposes to implement the zone change. The purpose of the Site Plan is to ensure that all site elements required for the change in the property to allow retail are accommodated and to rectify certain site deficiencies and non-compliance issues. As an example, through the Site Plan process the parking layout will be reviewed for organization and adequacy. At the time of the writing of this report, the Site Plan is not approved in principle, however, staff expects that the Plan will be approved prior to the January 5, 2009 Development and Technical Services Meeting, dealing with the subject application. A copy of the proposed Site Plan has been attached for information purposes as Appendix "D". Please note that this Site Plan is not approved and is under review. 2. Property Owner Comments Three responses were received from neighbouring property owners. These comments are grouped into themes with staff response below. The written comments of these owners are attached as Appendix "F". Property Maintenance: Neighbourhood comments: • Property is well maintained • The front parking lot is poorly maintained Staff Response: • The proposed Site Plan Application will ensure that the front parking lot is layed out in a functional manner. Any suspected property maintenance issues may be reported to Enforcement Division to investigate whether a violation has been made. The existing Site Plan agreement does contain a maintenance clause that requires that the owner maintain all gravel areas in a "dust free" condition. Conflict between Inner-city Neighbourhood and Manufacturing/Small Businesses: Neighbourhood comments: Small manufacturing and small businesses in the area do not support the adjacent inner- city neighbourhood Encroachment of industrial and commercial development on inner-city neighbourhood Incompatibility between certain business owners and adjacent inner-city neighbourhood Staff Response: • The subject application does not propose any further development, but does propose to allow additional retail uses within an existing building that is zoned primarily for industrial uses. Any future changes to the building that add floor area would require a further change to the approved Site Plan residential zone to a commercial Such a planning approval would would be requested. Proposals to change the use of a property from a zone would require planning approval of some sort. be a public process where neighbourhood comment Environmental: Neighbourhood comments: Impact on the environment due to concentration of industrial uses Staff Response: • The subject application does not propose industrial uses. The application does propose to allow retail use to occupy 25 percent of the existing building. Traffic and Parking: Neighbourhood comments: • Increase in traffic on an already busy street • Concern over potential spill over of parking onto street, private realm Staff Response: • Staff is of the opinion that off-street parking could be adequately accommodated on the subject property if 15 percent of the building was used for retail purposes. Staff further deems it appropriate to allow 25 percent of the building to be used for retail use fora 3 year period to monitor the parking situation and determine whether the site could permanently support that intensity of retail use. Transportation Planning Division has not identified any issues with the expected increase in traffic on adjacent streets. Proposed Retail: Neighbourhood comments: • Shop spaces welcome! • Question as to the specific retail businesses proposed • Zone change will be positive for the area Staff Response: • Staff has not been advised of the specific businesses that are proposed to occupy the building. Currently, a furniture store and a used clothing store occupy a portion of the building. In general, staff is of the opinion that limited retail use would be a benefit to the community, by providing further goods and services in an area in close proximity to a residential neighbourhood. 3. DepartmentlAgency Comments Planning Division and Transportation Planning Division are concerned with the proposed parking to allow a minimum of 18 parking spaces for 25 percent (1555 square metres) of the building for retail purposes. This concern is discussed in the Planning Comments section of this report. No other objections were raised by departments or agencies through the circulation of the application. These comments are attached as Appendix "E". FINANCIAL IMPLICATIC?NS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Preliminary circulation of the Zone Change Application was undertalEen on November 29, 2007 #o all departments/agencies and to all property owners within 120 metres ofi the subject (ands. As a result of the circulation, staff received three responses from neighbouring property owners. Notice of the January 5, 20{}9 public meeting of the Development and Technical Services Committee will be advertised in The Record an December 12, 2008. A copy of the advertisement is attached as Appendix "A". CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC07'124/SLAP be refused as outlined on the application form. However, if the application is revised, as outlined in the Staff Revision to Zone Change Application section, above, to incorporate a temporary use by-law the application can be supported. .~ .~' ~ ~ - c- . Andrew Pinneli, BES Planner Alain Pinard, MCIP, RPP Interim Director of Planning Attachments: r Delia Ross, MA, CI~1C1P, RPP Manager of Development Review Appendix "A" -Newspaper Advertisement Appendix "B" -Proposed Zoning By-law, dated October 16, 2008 (applicant's request) Appendix "C" -Proposed Zoning t3y-law, dated October 17, 2008 (staff's recommendation) Appendix "D" -Proposed Site Plan {Under Review) Appendix "E" -- Preliminary Circulation and DepartmentlAgency Comments Appendix "F" --Neighbourhood Circulation Comments Councillor John Smola Bridgeport -Centre Ward ZC 07124/S/JB Black Tusk Capital Corp. Advertised in The Record December 12, 2008 CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS Invites PROPERTY OWNERS AND INTERESTED PARTIES to attend a PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT 72 St. Leger Street This property is currently zoned General Industrial Zone (M-2). The property contains a mixed commercial-industrial building built in approximately 1910. The owner would like to change the zoning on the lands to General Industrial Zone (M-2) with a Special Use Provision to allow 25 percent of the building to be used for retail purposes, and a Special Regulation Provision to obtain relief from certain M-2 regulations pertaining to front and side yard setbacks, outdoor storage setbacks, and parking requirements. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, a Committee of Council which deals with Planning Matters, on MONDAY, JANUARY 5, 2009 at 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public Meeting and make written and/or verbal representation in respect to the proposed by-law. If a person or public body does not make 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, 6tn Floor, City Hall, 200 King Street West, Kitchener. Andrew Pinnell Planner Phone No. 519-741-2668 (TTY-TDD - 741-2385) andrew.pinnell@kitchener.ca PROPOSED BY-LAW October 16, 2008 BY-LAW NUMBER OF THE CORPORATION 4F 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 - Black Tusk Capital Corp. - St. Leger 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 No. 122 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as General Industrial Zone (M-2} with Special Use Provision 381U and Special Regulation Provision 486R instead of General Industrial Zone (M-2), the parcel of land described as Part of Park Lot 287, Registered Plan 378, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto, dated October 16, 2008. 2. Schedule No. 122 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "C" to By-law 85-1 is hereby amended by adding Section 381 thereto as follows: "381. Notwithstanding Section 20.1 of this By-law, within the lands zoned M-2, shown on Schedule No. 122 of Appendix "A" and described as Part of Park Lot 287, Registered Plan 378, Retail shall be a permitted use to a maximum of 25 percent of the gross floor area of the building existing on the date of passing of this by-law, being 1,555.3 square metres." 4. Appendix "D" to By-law 85-1 is hereby amended by adding Section 486 thereto as follows: "486. Notwithstanding Section 20.3.1 of this By-law, within the lands zoned M-2, shown on Schedule No. 122 of Appendix "A" and described as Part of Park Lot 287, Registered Plan 378, the following regulations shall apply: a) the minimum front yard shall be 5.80 metres; b) the minimum side yard abutting a street shall be 3.79 metres; c) outdoor storage shall be permitted within a side yard abutting a street and shall be permitted a minimum of 4.21 metres from a side lot line abutting a street; d) outdoor storage shall be permitted a minimum of 5.18 metres from that part of a side lot line which forms a boundary between an M-2 Zone and a Residential Zone: e) the minimum parking requirement for Retail as a main use occupying 352 square metres or more, shall be 18 parking spaces. PASSED at the Council Chambers in the City of Kitchener this day of 2009. 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'd' M .. ~ ~ ~ -M1, ~, m ~ PROPOSED BY-LAW October 17, 2008 BY-LAW NUMBER OF THE CORPORATION 4F 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 - Black Tusk Capital Corp. - St. Leger 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 No. 122 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as General Industrial Zone (M-2} with Special Use Provision 381U and Special Regulation Provision 486R and Temporary Use Provision 12T instead of General Industrial Zone {M-2}, the parcel of land described as Part of Park Lot 287, Registered Plan 378, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto, dated October 17, 2008. 2. Schedule No. 122 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "C" to By-law 85-1 is hereby amended by adding Section 381 thereto as follows: "381. Notwithstanding Section 20.1 of this By-law, within the lands zoned M-2, shown on Schedule No. 122 of Appendix "A" and described as Part of Park Lot 287, Registered Plan 378, Retail shall be a permitted use to a maximum of 15 percent of the gross floor area of the building existing on the date of passing of this by-law, being 933.2 square metres." 4. Appendix "D" to By-law 85-1 is hereby amended by adding Section 486 thereto as follows: "486. Notwithstanding Section 20.3.1 of this By-law, within the lands zoned M-2, shown on Schedule No. 122 of Appendix "A" and described as Part of Park Lot 287, Registered Plan 378, the following regulations shall apply: a) the minimum front yard shall be 5.80 metres; b) the minimum side yard abutting a street shall be 3.79 metres; c) outdoor storage shall be permitted within a side yard abutting a street and shall be permitted a minimum of 4.21 metres from a side lot line abutting a street; d) outdoor storage shall be permitted a minimum of 5.18 metres from that part of a side lot line which forms a boundary between an M-2 Zone and a Residential Zone: e) the minimum parking requirement for Retail as a main use occupying 352 square metres or more, shall be 18 parking spaces. 5. Appendix "E to By-law 85-1 is hereby amended by adding Section 12 thereto as follows: "12. Notwithstanding Section 20.1 and Section 381 of Appendix "C" of this By- law, within the lands zoned M-2, shown on Schedule No. 122 of Appendix "A" and described as Part of Park Lot 287, RP 378, Retail shall be a permitted use to a maximum of 25 percent of the gross floor area of the building existing on the date of passing of this by-law, being 1,555.3 square metres until January 12, 2012, being a time period of 3 years from the effective day of passing of By-law Number " PASSED at the Council Chambers in the City of Kitchener this day of .2009. 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