CITY OF KINGSTON REPORT TO PLANNING COMMITTEE

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1 CITY OF KINGSTON REPORT TO PLANNING COMMITTEE Report No.: PC TO: FROM: RESOURCE STAFF: Chair and Members of Planning Committee Cynthia Beach, Commissioner, Sustainability & Growth Grant C. Bain, Director, Planning and Development Department DATE OF MEETING: June 20, 2013 SUBJECT: PUBLIC MEETING REPORT (File No. D ) Application for Zoning By-Law Amendment Doreta Apparel Shop Limited Princess Street & 155 Division Street EXECUTIVE SUMMARY: The purpose of this report is to provide general information regarding an application for Zoning By-Law Amendment which has been submitted for Princess Street and 155 Division Street. The applicant is proposing to add additional storeys to the two buildings located on the subject property, provide a total of 20 residential units and maintain the commercial uses on the ground floor. Requests to amend zone provisions to the Central Business System (C1) zone include an increase in density; recognize existing non-complying standards of the existing building; reduce the number of parking spaces; reduce the size of the required bicycle parking spaces; reduce the amenity area; eliminate the requirement for children s play space; and eliminate the requirement for barrier free parking. The attached report provides information on the proposed amendments to Zoning By-Law No

2 REPORT TO PLANNING COMMITTEE REPORT NO. PC June 20, Page 2 - AUTHORIZING SIGNATURES: Cynthia Beach, Commissioner, Sustainability & Growth Group Gerard Hunt, Chief Administrative Officer CONSULTATION WITH THE FOLLOWING COMMISSIONERS: Lanie Hurdle, Community Services Denis Leger, Transportation, Properties & Emergency Services Jim Keech, President and CEO, Utilities Kingston (N/R indicates consultation not required) N/R N/R N/R K:\D14_Zoning Applications\2013 Applications\ _ Princess Street\PC _ Princess St. & 155 Division St._PH.doc 27

3 REPORT TO PLANNING COMMITTEE REPORT NO. PC June 20, Page 3 - OPTIONS/DISCUSSION: On May 7, 2013, a Zoning By-Law Amendment application was submitted by Alexander Wilson Architect Inc. on behalf of Doreta Apparel Shop Limited for the purpose of amending the existing Central Business System (C1) zone in order to permit the construction of additional storeys on the existing building to increase the number of residential units. In accordance with By-Law No , a Pre-consultation meeting between the applicant and various departments and agencies was conducted on May 8, On May 16, 2013, the Zoning By-Law Amendment application was deemed complete, in accordance with the Planning Act. The subject property is located on the southeast corner of Princess Street and Division Street (see Exhibit A - Key Map). The site is 1610 square metres in area and contains a two storey building on Princess Street, including retail at grade and residential above, and a one storey strip plaza on Division Street with a surface parking lot. The subject property is located in an area of mixed commercial and residential uses. The site is adjacent to retail shops and restaurants, some with residential above the ground floor. To the north is a high rise apartment building. The applicant is proposing to construct one additional floor on the two storey building and a two storey addition on the one storey building, the proposed building addition will include 16 one bedrooms and four two bedroom apartments for a total of 20 residential units with commercial uses at grade. (see Exhibit B Site Plan, Floor Plans & Elevations). The buildings currently contain five retail spaces, one nightclub and three residential units. The application proposes to change the zoning provisions to permit the increase in maximum permitted density from 123 to 124 dwelling units/ha; reduce the parking space requirement from 20 to 10; eliminate the requirement for barrier free parking; eliminate the requirement for Children s play area; elimination of barrier free parking space requirement; reduce the size of the bicycle parking spaces; acknowledge the existing non-conforming exterior side yard setback. In support of the zoning application, the applicant has submitted the following: Serviceability Report Proposed Site Plan Elevations Noise Impact Study Floor Plans; Planning Justification Report; and, Parking Study. 28

4 REPORT TO PLANNING COMMITTEE REPORT NO. PC June 20, Page 4 - A Site Plan Control Application (D ) was also submitted with the Zoning By-Law Amendment application. Anyone who attends the Planning Committee public meeting may present an oral submission, and/or provide a written submission on the proposed amendment. 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 oral submissions at a Public Meeting or make written submissions to the City of Kingston before the application is approved, the person or public body is not entitled to appeal the decision of the City of Kingston to the Ontario Municipal Board. If a person or public body does not make oral submissions at a Public Meeting or make written submissions to the City of Kingston before the By-Law is passed, the person or public body 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 do so. Anyone wishing to be notified of Council s decision on the subject amendment must submit a written request to: Karen Fraser, Senior Planner The Corporation of the City of Kingston 216 Ontario Street KINGSTON, Ontario, K7L 2Z3 Planning Committee will consider a comprehensive report and recommendation from the Planning and Development Department, respecting the subject application, at a future meeting. The Committee will make its recommendation to City Council at that meeting. The decision of City Council will be final unless appealed. 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 Planning Committee at which the subject application will be considered. EXISTING POLICY/BY-LAW: The subject site is designated Central Business District in the City of Kingston Official Plan (see Exhibit C - Existing Official Plan designation). The predominant use within the Central Business District designation is commercial including retail, business, and hospitality and includes complimenting uses such as medium and high density residential development and parking lots. The site is currently zoned Central Business System (C1) in Zoning By-Law No The uses permitted in the Commercial Business System include mixed commercial/residential development, retail, restaurant and service establishment, among other commercial and noncommercial uses. 29

5 REPORT TO PLANNING COMMITTEE REPORT NO. PC June 20, Page 5 - In accordance with By-Law No , the site is subject to Site Plan Control. There is an existing Site Plan Control agreement approved for 394 & 396 Princess Street dated 1987 (file A- SPC ). 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 a sign posted on the subject site 20 days in advance of the Public Meeting. A Notice of Public Meeting regarding this application was also sent by first class mail to all property owners within 120 metres of the subject property. There were approximately 92 property owners notified by mail. In addition, a courtesy notice was published in The Kingston Whig Standard. At the time of the writing of this report, no inquiries or correspondence had been received. Any responses received will be addressed in the technical review and included in the comprehensive report to a future Planning Committee meeting. This report was made available to the public prior to the meeting. ACCESSIBILITY CONSIDERATIONS: Any accessibility concerns will be identified in the comprehensive report to a future Planning Committee meeting. FINANCIAL CONSIDERATIONS: No financial implications are considered in this report. CONTACTS: Karen Fraser, Senior Planner, Development Approvals, , ext Julie Dowbiggin, Planner, Development Approvals, , ext Marnie Venditti, Manager, Development Approvals, , ext Grant C. Bain, Director, Planning & Development Department, , ext DEPARTMENTS/OTHERS CONSULTED AND AFFECTED: The application has been circulated to a number of internal departments and external agencies for review and comment. The responses to the technical circulation will be addressed in the technical review and included in the comprehensive report to a future Planning Committee meeting. 30

6 REPORT TO PLANNING COMMITTEE REPORT NO. PC June 20, Page 6 - EXHIBITS ATTACHED: Exhibit A Key Map; Exhibit B Site Plan, Floor Plans and Elevations; Exhibit C Existing Official Plan designation; and, Exhibit D Existing Zoning. 31

7 DETAIL # GARRETT ST /2 # 1 # # 2 # # C AB 336 B A A # A # PRINCESS ST KEY MAP BATH RD SIR JOHN A. MACDONALD BLVD PALACE RD CHAPMAN ST SIR JOHN A. MACDONALD BLVD QUEEN ST LEROY GRANT DR CONCESSION ST Subject Lands UNION ST KING ST W VICTORIA ST PINE ST ALFRED ST YORK ST DIVISION ST STEPHEN ST PRINCESS ST MONTREAL ST ORDNANCE ST PRINCESS ST KING ST E KING ST E ONTARIO ST 283 LA SALLE CAUSEWAY HWY 2 PRINCESS ST # # Planning & Development a department of Sustainability & Growth PREPARED BY: J.Partridge DATE:May 24, 2013 THE CORPORATION O F THE CIT Y O F KINGSTO N PL ANNING & DEVELOPMENT DEPARTM ENT KEY MAP Applicant: Independent Planning Group File Number: D Adrress: Princess Street Legal Description:PLAN 1642 LOT 49 PT LOTS 50,;55 RP 13R14728 PARTS 4,6 ARN: Meters Legend Subject Lands Disclaimer: This document is subject to copyright and may only be used for your personal, non-commercial use provided you keep intact the copyright notice. The City of Kingston assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document 2013 The Corporation of the City of Kingston.

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12 CHAPMAN ST QUEEN ST SUBJECT LANDS: Princess Street Current Designation: Central Business District GARRETT ST ABERDEEN ST LEGEND RESIDENTIAL MAIN STREET COMMERCIAL DEFERRED AREA TRANS-NORTHERN PIPELINE ESTATE RESIDENTIAL DISTRICT COMMERCIAL OPEN SPACE MAJOR HYDRO CORRIDOR BUSINESS PARK INDUSTRIAL ARTERIAL COMMERCIAL ENVIRONMENTAL PROTECTION AREA MAJOR ROAD GENERAL INDUSTRIAL WASTE MANAGEMENT INDUSTRIAL RURAL AGRICULTURAL LAND; AGRICULTURAL RESERVE HAMLET HARBOUR AREA; WATER AREA LOCAL ROAD OR PRIVATE LANE PLANNING_OP.Railway AIRPORT RURAL COMMERCIAL MINERAL RESOURCE MUNICIPAL BOUNDARY CENTRAL BUSINESS DISTRICT RURAL INDUSTRIAL SECONDARY PLAN AREA REGIONAL COMMERCIAL INSTITUTIONAL Planning & Development a department of Sustainability & Growth PREPARED BY: J.Partridge DATE :May 24, THE COR POR AT ION O F T HE C IT Y O F KIN G STO N Official Plan for the City of Kingston Schedule 3-A, Existing Land Use Applicant: Independent Planning Group File Number: D Adrress: Princess Street Legal Description:PLAN 1642 LOT 49 PT LOTS 50,;55 RP 13R14728 PARTS 4,6 ARN: SCALE 1:2,000 Meters Disclaimer: This document is subject to copyright and may only be used for your personal, non -commercial use provided you keep intact the copyright notice. The City of Kingston assumes no respo nsibility for any errors, an d is n ot liable fo r any dam ag es of any kin d resu ltin g from th e u se of, or reliance on, the information contained in this document. The City of Kingston does not make any representation or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document. C 2012 The Corporation of the City of Kingston.

13 473 # 5 A AB # C1 SUBJECT LANDS Princess Street / E.122 ABERDEEN ST B GARRETT ST E C.188 C A A 142 C A 152 # 1 # # C AB 336 BA # # C1-1 C1.286 C1-26 B.117 E.317 C1-25 C1-24 CHAPMAN ST C1-2 COLBORNE ST B C MAIN ST QUEEN ST B # # A.396 C1-1 Zoning 297 By-Law: 8499 Current Zone: C BA C A /2 A COLBORNE ST QUEEN ST C1-27 C1-3 C Planning & Development a department of Sustainability & Growth PREPARED BY: J.Partridge Date: May 24, 2013 THE COR POR AT ION O F T HE C IT Y O F KIN G STO N EXISTING ZONING Zoning By-Law: Applicant: Independent Planning Group File Number: D Adrress: Princess Street Legal Description:PLAN 1642 LOT 49 PT LOTS 50,;55 RP 13R14728 PARTS 4,6 ARN: SCALE Meters 1:2,000 Legend: Subject Lands Current Zone: C1 FOR REFERENCE PURPOSES ONLY THIS IS AN OFFICE CONSOLIDATION. FOR ACCURATE REFERENCE THE ORIGINAL ZONING BY-LAW AND AMENDMENTS THERETO SHOULD BE CONSULTED AT 1211 JOHN COUNTER BLVD

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