City of Kingston Report to Planning Committee Report Number PC

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1 To: From: Resource Staff: Date of Meeting: April 20, 2017 Subject: File Number: Address: Application Type: Owner: Applicant: City of Kingston Report to Planning Committee Report Number PC Chair and Members of Planning Committee Lanie Hurdle, Commissioner, Community Services Paige Agnew, Director, Planning, Building & Licensing Services Public Meeting Report D University Avenue Zoning By-Law Amendment Ontario Inc. Bob Clark Executive Summary: The following is a Public Meeting report to the Planning Committee regarding an application for a zoning by-law amendment submitted by Bob Clark on behalf of Ontario Inc., with respect to the subject site located at 346 University Avenue. This report describes the proposed application and includes an overview of the relevant policies and regulations that will be evaluated as part of a future comprehensive report. The applicant is proposing to allow two additional dwelling units within an existing four-storey, eight unit apartment building through a zoning by-law amendment. This proposal requires relief from zoning provisions such as amenity space, parking and habitation in the cellar. 33

2 Report to Planning Committee Report Number PC April 20, 2017 Page 2 of 8 Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Denis Leger, Commissioner, Corporate & Emergency Services Jim Keech, President and CEO, Utilities Kingston Desiree Kennedy, Chief Financial Officer & City Treasurer Not required Not required Not required 34

3 Report to Planning Committee Report Number PC April 20, 2017 Page 3 of 8 Options/Discussion: This application proposes to allow two additional dwelling units within an existing eight unit, fourstorey apartment building through a zoning by-law amendment. Through this zoning amendment, this proposal seeks relief from zoning by-law requirements for amenity space, parking and habitation in the cellar. The subject site is located in proximity to Princess Street and University Avenue. Prior to 2013, the subject property was zoned C : Central Business District and Upper Princess Street, which permitted uses for multi-family dwelling unit buildings. A minor variance decision from April 30, 2003 approved variances for side yard setbacks to facilitate the existing building. The building was constructed in 2008 upon site plan approval for eight dwelling units. Soon after approval, the floor layouts were revised to facilitate ten dwelling units without any approval. Upon the issuance of a zoning order on June 8, 2009 on the property for internal alterations without permits and increasing the number of dwelling units from eight to ten, the applicant has made this application to allow the ten dwelling units. This application for zoning by-law amendment to legalize two additional dwelling units was submitted in 2009 upon the zoning violation. A site plan modification application was also submitted in However, due to lack of activity on this file, staff did not have the necessary information to advance a recommendation. An updated planning justification was submitted by the applicant in November 2016 in order to advance the application. The planning justification takes into account the change in Official Plan designation in 2013 when the subject property was designated Main Street Commercial and zoned C4 Williamsville Main Street Commercial in Zoning By-Law Number The updated planning justification seeks relief from the necessary provisions in Zoning By-Law Number 8499 in order to facilitate the proposal. Public Meeting Process Anyone who attends a Planning Committee Public Meeting may present an oral submission, and/or provide a written submission on the proposed application. Also, any person may make written submissions at any time before City Council makes a decision on the application. If a person or public body does not make an oral submission at a Public Meeting, or does not make a written submission to the City of Kingston before a decision is made by Council, the person or public body is not entitled to appeal the decision of the City of Kingston to the Ontario Municipal Board and may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. The Planning Committee will consider a comprehensive report and recommendation from the Planning Division, respecting the subject application, at a future meeting. The Committee will make its recommendation to City Council at the meeting. The decision of City Council will be final unless appealed. 35

4 Report to Planning Committee Report Number PC April 20, 2017 Page 4 of 8 All persons who made oral or written submissions, or have requested notification in writing, will be given written notice of the future meeting(s) of the Planning Committee at which the subject application will be considered. Anyone wishing to be notified of Council s decision on the subject application must submit a written request to: Sajid Sifat, Intermediate Planner The Corporation of the City of Kingston Planning, Building & Licensing Services 216 Ontario Street Kingston, ON K7L 2Z extension 26 ssifat@cityofkingston.ca Application and Submission This zoning amendment application proposes to allow two additional dwelling units within an existing eight unit, four-storey apartment building. A revised planning justification seeks relief from requirements such as amenity space, parking and habitation in the cellar in Zoning By-Law Number 8499 in order to facilitate the proposal. The application proposes seven parking stalls, including one barrier free parking stall, and ten covered bicycle parking stalls at the rear of the property. A 1.2 metre wide walkway has also been provided from the front of the property leading to the barrier free parking stall located at the rear of the property. Additional temporary bicycle parking has also been proposed in the front of the building. Garbage bins have been relocated, adjacent to the north side property line, in order to provide unobstructed access. Amenity space is proposed at square metres per dwelling unit, which is met by the provision of the roof-top patio. Play space requirements do not apply in the current C4 zone. The changes between the existing and proposed dwelling units are shown below: As Built Plans, 2009 Proposal Basement Level 1 unit x 4 Bedroom 1 unit x 4 Bedroom 1 st Level 1 unit x 1 Bedroom 1 unit x 3 Bedroom 1 unit x 4 Bedroom 2 nd Level 3 unit X 3 Bedroom 3 unit X 3 Bedroom 3 rd Level 3 unit x 1 Bedroom 2 unit x 3 Bedroom 3 unit x 1 Bedroom 2 unit x 3 Bedroom The minor variance decision from 2003 approved an eight-unit apartment building. This approval did not include any dwelling units in the cellar. Currently, one four-bedroom unit is located in the 36

5 Report to Planning Committee Report Number PC April 20, 2017 Page 5 of 8 cellar. The main floor was only approved for one three-bedroom unit; however, one onebedroom unit was added. A third one-bedroom unit was added to the third floor in addition to the approved two two-bedroom units and two three-bedroom units. Based on the planning justification submitted with the application, dated July 2009, a total of eleven dwelling units were noted to have been constructed. The changes from the existing eleven units will eliminate the one one-bedroom unit on the main floor. The current application seeks approval for two additional units for a total of ten dwelling units. In support of the application, the applicant has submitted the following: Updated Planning Justification Site plan Floor plans All submission materials are available online through the Development and Services Hub (DASH) at the following link, DASH, using Look-up a Specific Address. If there are multiple addresses, search one address at a time, or submission materials may also be found by searching the file number. Site Characteristics The subject site is located within proximity to University Avenue and Princess Street. The subject site is surrounded by a mix of commercial and multi-residential uses. Retail uses such as Mac s Milk and the Beer Store are located directly adjacent to the subject property. Several other commercial uses are also located across Princess Street. On the south-east corner of Princess Street and University Avenue is a proposal for a 0 unit residential building with commercial uses at grade; the zoning for this was approved by Council and is currently appealed to the Ontario Municipal Board. The subject property is in proximity to downtown Kingston and Queen s University. The subject lot is approximately 808 square metres in area and includes 17.3 metres of frontage onto University Avenue. Provincial Policy Statement The Provincial Policy Statement (2014) provides policy direction on matters of provincial interest related to land use planning and development, which are intended to be complemented by local policies addressing local interests. This proposal will be evaluated as part of the future comprehensive report in order to ensure it conforms to the policy direction in the Provincial Policy Statement (2014). Official Plan Considerations The subject property is designated Main Street Commercial in the City of Kingston Official Plan. This designation allows for a range of multi-residential and commercial uses. 37

6 Report to Planning Committee Report Number PC April 20, 2017 Page 6 of 8 The current Official Plan designation came into effect in 2013 through the implementation of the Williamsville Main Street Study. This designation supports higher density commercial and residential uses due to the proximity of subject properties to the Princess Street Corridor, which provides access to transit and pedestrian access to neighbourhood amenities through a mix of commercial and residential uses in the vicinity. The current Official Plan designation supports the proposal to increase intensity of use based on the location of the subject property. Zoning By-Law Considerations The subject property is zoned C4 Williamsville Main Street Commercial in Zoning By-Law Number This zone permits multi-family dwellings such as apartment buildings. This proposal requires relief from parking, amenity and habitation in the cellar in order to facilitate the two additional units. Habitation in the cellar is required to allow a one dwelling unit in the cellar. A cellar is defined in Zoning By-Law Number 8499 as a portion of the building where more than 50% of the floor to ceiling height is below grade. Habitation in the cellar is prohibited in Zoning By-Law Number This application requests relief from habitation in the cellar in order to allow an existing dwelling unit in the cellar. All Building Code requirements will be met. Parking for seven vehicles has been proposed, including one for a barrier free stall which will be compliant with the current provincial standards, at the rear of the property. Both the regular parking stalls and the barrier free parking stalls meet minimum parking standards of the by-law. A 1.2 metre wide walkway is proposed adjacent to the building to provide pedestrian access from the front of the property to the rear entrance and barrier free parking stalls are located at the rear of the property. A 3.3 metre wide driveway is provided for vehicular access to the parking located at the rear of the property, adjacent to the 1.2 metre wide walkway. This proposal also seeks a reduction in amenity space requirements. Amenity space of square metres per dwelling unit is proposed and located on the roof-top patio of the building. There are no requirements for play space in the C4 zone. Technical Circulation Process The application has been circulated to a number of internal departments and external agencies for review and comments. The responses to the technical circulation will be addressed in the technical review and included in the comprehensive report for consideration at a future Planning Committee meeting. Existing Policy/By-Law: The proposed amendment will be reviewed against the policies of the Province of Ontario and City of Kingston to ensure that the changes will be consistent with the Province s and the City s vision of development. The following documents will be assessed: 38

7 Report to Planning Committee Report Number PC April 20, 2017 Page 7 of 8 Provincial Planning Act Provincial Policy Statement, 2014 Municipal City of Kingston Official Plan Zoning By-Law Number 8499 Notice Provisions: Pursuant to the requirements of the Planning Act, a notice of the Statutory Public Meeting was provided by advertisement in the form of signs posted on the subject site 20 days in advance of the Public Meeting. In addition, notices were sent by mail to all 90 property owners (according to the latest Assessment Rolls) within 120 metres of the subject property. A courtesy notice was also placed in The Kingston Whig-Standard on April 14, Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Marnie Venditti, Manager, Development Approvals extension 3 Sajid Sifat, Intermediate Planner extension 26 Other City of Kingston Staff Consulted: Not applicable Exhibits Attached: Exhibit A Key Map Exhibit B Neighbourhood Context (2015) Exhibit C Official Plan, Land Use Exhibit D Zoning By-Law Number 8499, Map Exhibit E Site Photographs 39

8 Report to Planning Committee Report Number PC April 20, 2017 Page 8 of 8 Exhibit F Exhibit G Proposed Site Plan Public Notice Notification Map 40

CHATHAM ST 563 561 561 559 557 558 556 336 554 552 555 384 382 380 378 376 544 374 372 370 368 366 364 362 542 377 375 373 371 369 367 264 365 361 359 355 353 349 347 363 351 528 3 5 520 523 521 514

9 CHATHAM ST CREIGHTON ST CONTEXT MAP 62 QUEEN MARY RD PRINCESS ST PORTSMOUTH AVE 50 KING ST W BATH RD JOHNSON ST 42 PALACE RD UNION ST VICTORIA ST 2 ELLIOTT AVE OAK ST CONCESSION ST ELM ST COLBORNE ST ALFRED ST DIVISION ST YORK ST MONTREAL ST 27 QUEEN ST BROCK ST BARRIE ST KING ST E Exhibit A LINTON ST HWY HWY 2 8 DIVISION ST MACK ST ALFRED ST PLANNING COMMITTEE KEY MAP UNIVERSITY AVE PRINCESS ST GARRETT ST LEGEND E Planning, Building & Licensing Services a department of Community Services Applicant: Bob Clark Owner: ONTARIO INC. File Number: D Address: 346 University Ave Subject Property Property Boundaries PREPARED BY: K. Cruz DATE: 3/16/ Metres 1:2, Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

10 C R EI GH TO N S T 507 CHATHA M ST PR I N C ES S ST CO LB O RN E ST Exhibit B ELM ST MA CK ST Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 3/16/ AL FR ED S T PLANNING COMMITTEE A 430 B BR OC K ST UNIVERSITY AVE NEIGHBOURHOOD CONTEXT (2015) Applicant: Bob Clark Owner: ONTARIO INC. File Number: D Address: 346 University Ave Metres 1:2, Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston GA RR ET T ST LEGEND Subject Property Property Boundaries E

11 CHATHAM ST CREIGHTON ST COLBORNE ST Exhibit C ELM ST DIVISION ST MACK ST Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 3/16/ ALFRED ST PLANNING COMMITTEE BROCK ST OFFICIAL PLAN, Land Use Applicant: Bob Clark Owner: ONTARIO INC. File Number: D Address: 346 University Ave Metres 1:2, Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston. UNIVERSITY AVE PRINCESS ST GARRETT ST LEGEND Subject Property Residential E Central Business District Main Street Commercial Open Space

12 A B C4-H (T1) B CREIGHTON ST 507 CHATHAM ST CHATHAM ST COLBORNE ST Exhibit D B C A ELM ST MACK ST P A Planning, Building & Licensing Services a department of Community Services PREPARED BY: J.Partridge DATE: 3/16/ B ALFRED ST 1 B B C B.447 PLANNING COMMITTEE B BROCK ST ZONING BY-LAW 8499, Map Applicant: Bob Clark Owner: ONTARIO INC. File Number: D Address: 346 University Ave Metres 1:2, C B UNIVERSITY AVE Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston PRINCESS ST LEGEND GARRETT ST C C E Consolidated Zoning Subject Property Property Boundaries

13 45 Exhibit E

14 46 Exhibit E

2.7m 2.7m 2.7m 49. m. m Bi c ycle Rack 17. 0 m 17.37 m 2. 7 m 2.7m 2.7m. m Exhibit F Site Plan March 2017 346 University Avenue City of Kingston Legend Columns Bicycle Parking Amenity Space Lot Line

15 2.7m 2.7m 2.7m 49. m. m Bi c ycle Rack m m 2. 7 m 2.7m 2.7m. m Exhibit F Site Plan March University Avenue City of Kingston Legend Columns Bicycle Parking Amenity Space Lot Line Covered Parking Outside Parking Landscaping Area Garbage Handling Bins NB: All services are to remain as existing. Residential Building Lot Area 808 sm Building Area 365 sm Lot Coverage 45.2 % Coverage Allowed 60.0 % Parking units x 0.7 spaces per unit = 7 parking spaces Zoning By-law 8499 Section 5.3: Barrier Free Parking spaces one barrier free space required - Barrier Free Space is 3.7 x 6.0 m - minimum vertical clearance of 2.9 m Parking Spaces x 6.0 m Garbage Handling Area 1.8 x 6.0 m Bicycle parking parking spaces provided Zoning Bylaw 8499 Section 4.7A - minimum space 1.8 x 0.6 m - provided area spaces 1.8 x 6.0 m - provided covered area - minimum overhead clearance 2.1 m - direct access to driveway Snow Storage Snow storage not permitted Snow to be stored off site Rear entrance door 1.8 m wide clear aisle from parking to door Walkway to be painted from parking to access ramp Amenity Space of sq m./unit provide at rooftop amenity area Bicycle Rack at Front Door Beer Store Mac s Milk 47.9 m 3 Garbage Handling Area Landscaping Covered parking > 2.9 m clearance 8.63m 2 Bicycle Storage spaces 1 ENTRY Existing Building Units Stairs 1.2 m w ide walkway Un ivers i ty Avenue C on c. S /W 7 Landscaping 3.3 m driveway 1.2 m wide walkway 1.2 m wide walkway m 33m. drivew ay Scale in Metres

16 CREIGHTON ST 507 CHATHAM ST CHATHAM ST COLBORNE ST 205 Exhibit G ELM ST MACK ST Planning, Building & Licensing Services a department of Community Services ALFRED ST PLANNING COMMITTEE BROCK ST UNIVERSITY AVE PUBLIC NOTICE NOTIFICATION MAP Applicant: Bob Clark Owner: ONTARIO INC. File Number: D Address: 346 University Ave PRINCESS ST LEGEND GARRETT ST 377 Subject Property E 120m Public Notice Boundary Property Boundaries 90 Properties in Receipt of Notice PREPARED BY: K. Cruz DATE: 3/16/ Metres 1:2, Disclaim er: This document is subject to copyright and m ay only be used for your personal, noncom m ercial use provided you keepintact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any dam ages of any kind resulting from the use of, or reliance on, the inform ation contained in this docum ent. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, or reliability of the use of the information contained in this document The Corporation of the City of Kingston.

City of Kingston Report to Planning Committee Report Number PC

To: From: Resource Staff: Date of Meeting: August 3, 201 Subject: File Number: Address: Application Type: Owner: Applicant: City of Kingston Report to Planning Committee Report Number PC-1-00 Chair and