City of Kingston Report to Planning Committee Report Number PC

Transcription

1 To: From: Resource Staff: Date of Meeting: October 15, 2015 Subject: Executive Summary: 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 (File Number D ) Application for Zoning By-Law Amendment 873 and 877 Division Street Owner Joe Brites Applicant/Agent IBI Group The following is a public meeting report to the Planning Committee for an application for zoning by-law amendment for the property municipally known as 873 and 877 Division Street. This report describes the purpose and effect of the requested zoning by-law amendment and includes an overview of the relevant policies and regulations that apply to the subject property. The subject property contains an existing building with two commercial units on the ground floor and one residential unit on the upper floor. The proposed zoning by-law amendment is requested to establish a site-specific Neighbourhood Commercial Zone C1 to recognize the existing uses and to expand the list of permitted neighbourhood commercial uses. A number of site-specific provisions are also requested. A holding symbol is proposed for a laundromat; medical offices; and personal service shop. The removal of the holding symbol will be conditional upon the property owner providing a Municipal-Industrial Strategy for Abatement (MISA) manhole for inspection purposes as these uses have the potential for chemicals to enter the wastewater system. The subject lands are designated Residential in the City of Kingston Official Plan and zoned One-Family Dwelling and Two-Family Dwelling Zone A5 in Zoning By-Law Number

2 Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Members of the Corporate Management Team: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Desiree Kennedy, Chief Financial Officer & City Treasurer Not required Not required Not required Not required 2

3 Options/Discussion: This report provides information on a proposed amendment to Zoning By-Law Number 8499, as amended, which is the subject of this public meeting. On August 24, 2015, an application for zoning by-law amendment was submitted by IBI Group on behalf of Joe Brites with respect to the property located at 873 and 877 Division Street. The proposed zoning by-law amendment is requested to establish a site-specific Neighbourhood Commercial Zone C1 to recognize the existing uses on the property and to expand the list of permitted neighbourhood commercial uses. The additional neighbourhood commercial uses the applicant has requested beyond those currently permitted in the C1 zone are: food store of less than 223 square metres; convenience store; laundromat; drop off/pick up drycleaners; video store; take-out restaurant; personal service shop; bakery or bake shop; coffee shop; florist; copy centre; consumer service and repair shop; and medical offices. The applicant has also requested to remove the following uses from the list of permitted uses in the C1 zone: libraries, art galleries or museums; shopping centres; and day care centres. A number of site-specific provisions are also requested. A total of ten parking spaces are proposed to be provided on the property. No exterior alterations are proposed to the existing building. A holding symbol is proposed for the laundromat, medical offices, and a personal service shop to ensure that a Municipal-Industrial Strategy for Abatement (MISA) manhole will first be installed on the site as these uses have the potential for chemicals to enter the wastewater system. The subject lands are designated Residential in the City of Kingston Official Plan and zoned One-Family Dwelling and Two-Family Dwelling Zone A5 in Zoning By-Law Number In accordance with By-Law Number , a pre-application review was carried out by various departments and agencies. On September 11, 2015 the zoning by-law amendment application was deemed complete, in accordance with the Planning Act. The subject property is approximately square metres in area and is located at the southeast corner of the intersection of Division Street and Elliot Avenue (Exhibit A - Key Map). The property has frontage on Division Street which is an arterial road, and on Elliot Avenue which is a collector road. The property contains an existing building with two commercial units on the ground floor and one residential unit on the upper floor. Six parking spaces are located in the yard abutting Division Street. The applicant has indicated that the existing parking spaces encroach on the Division Street municipal right-of-way. A request for amendment to By-Law Number 10 (A By-Law Respecting Streets) to permit this parking to continue is also being made as part of this application. In support of the application, the applicant has submitted the following: Sketch showing topographical information and proposed parking spaces (Exhibit B) Floor Plans (Exhibit C) 3

4 Photographs showing elevations (Exhibit D) Zoning Justification (Exhibit E) Parking Report Anyone who attends the 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 oral submissions at a public meeting, or does not make written submissions before the application has been approved by City Council, the person or public body is not entitled to appeal the decision 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. Anyone wishing to be notified of Council s decision on the subject application must submit a written request to: Sukriti Agarwal, Senior Planner The Corporation of the City of Kingston 216 Ontario Street Kingston, ON K7L 2Z3 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 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 the Planning Committee at which the subject application will be considered. 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 for consideration at a future Planning Committee meeting. Existing Policy/By-Law: The subject property is designated Residential in the City of Kingston Official Plan (Exhibit F Existing Official Plan Designation). The predominant use within the Residential designation is residential dwellings, including detached, semi-detached or duplex dwellings, townhouses and apartments. In addition to the various forms of housing, community facilities such as schools and places of worship are also permitted. Small-scale, convenience commercial uses which support residential neighbourhoods and are compatible with the residential setting may also be permitted in the designation. Such uses include a limited range of convenience retail and 4

5 service uses, such as corner stores, food stores of less than 223 square metres, a laundromat or dry cleaners, video store, coffee shops and small take-out restaurants, personal services such as hairdressers or barbers, and similar small-scale, local retail uses or personal services intended to provide convenience goods and services to a limited market, often within walking distance. The subject property is zoned One-Family Dwelling and Two-Family Dwelling Zone A5 in Zoning By-Law Number 8499, as amended (Exhibit G Existing Zoning). The following uses are permitted in the A5 zone: one-family dwellings; two-family dwellings; public or private day schools; churches, church halls; libraries, art galleries and museums; community halls; institutions, homes or offices operated or supervised by a Children's Aid Society as defined by the Child Welfare Act, or its legal successor, for the temporary shelter and protection of children; community homes, subject to the provisions of Section 5.32 of the zoning by-law; and accessory buildings to any use permitted in the A5 zone. As the proposed neighbourhood commercial uses are not permitted in the A5 zone, a zone change to a site-specific Neighbourhood Commercial Zone C1 is requested. The following uses are permitted in the C1 zone: retail stores; neighbourhood stores; offices for or in connection with a business or profession; banks or financial institutions; restaurants; one-family dwellings, two-family dwellings, provided that such dwellings are located within a commercial structure; libraries, art galleries or museums; accessory buildings to any use permitted in the C1 zone; shopping centres; and day care centres. A site-specific C1 zone is requested to seek relief from multiple zoning provisions including: permitted uses in the C1 zone: o add food store of less than 223 square metres; convenience store; laundromat; drop off/pick up drycleaners; video store; take-out restaurant; personal service shop; bakery or bake shop; coffee shop; florist; copy centre; consumer service and repair shop; and medical offices; o remove libraries, art galleries or museums; shopping centres; and day care centres; minimum rear yard: acknowledge the existing non-complying setback; parking design standards: permit stacked parking at the rear of the building for employee parking and along the south side of the building for the residential unit; required off-street parking facilities for non-residential uses in the C1 zone: reduce from 9 to 8 spaces; and loading facilities for retail stores no loading spaces are proposed. A holding symbol is proposed for the following uses: laundromat; medical offices; and personal service shop. The removal of the holding symbol will be conditional upon the property owner providing a Municipal-Industrial Strategy for Abatement (MISA) manhole for inspection purposes as these uses have the potential for chemicals to enter the wastewater system. 5

6 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. In addition, notices were sent by mail to all property owners (according to the latest Assessment Rolls) within 120 metres (400 feet) of the subject property. There were approximately 15 property owners notified by mail. A courtesy notice was also placed in The Kingston Whig-Standard. Accessibility Considerations: Not applicable Financial Considerations: Not applicable Contacts: Paige Agnew, Director, Planning, Building & Licensing Services extension 3252 Stacey Forfar, Manager, Development Approvals extension 3253 Sukriti Agarwal, Senior Planner, Policy Planning extension 3217 Other City of Kingston Staff Consulted: 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 that will be submitted to the Planning Committee at a future date. Exhibits Attached: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Key Map Sketch Showing Topographical Information and Proposed Parking Spaces Floor Plans Photographs Showing Elevations Zoning Justification Prepared by IBI Group Existing Official Plan Designation Existing Zoning 6

7 Exhibit H Aerial Photograph 7

8 VICTORIA ST T 14 DETAIL DALTON AVE KEY MAP SIR JOHN A. MACDONALD BLVD HWY 401 HWY 401 BENSON ST 90 Exhibit A CONACHER DR MONTREAL S 907 DAY ST Subject Lands JOHN COUNTER BLVD 86 ELLIOTT AVE KINGSCOURT AVE DIVISION ST RAILWAY ST BATH RD PRINCESS ST CONCESSION ST ALFRED ST STEPHEN ST DIVISION ST ELLIOTT AVE DAY ST GROOM ST THE COR POR AT ION O F T HE C IT Y O F KIN G STO N KEY MAP Subject Lands Applicant: IBI Group Planning, Build ing File Number: D SCALE & Licensing Services Address: 877 & 873 Division Street Meters a department of Legal Description: PLAN 370 PT LOT 1 B 545 Community 1:1,087 Services ARN : PREPARED BY: J.Partridge DATE: 9/4/ Legend Disclaim er: Th is do cu m ent is subject to copyrig ht an d m ay on ly be used for you r person al, non -com m ercial u se p rovided you keep intact th e co pyrigh t notice. The City of K in gston assu m es n o 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, or reliability of th e u se o f th e inform ation con tain ed in this docu m en t Th e C orporatio n of th e City of Kingston.

9 SKETCH SHOWING TOPOGRAPHICAL INFORMATION NOTE & LEGEND: ASSOCIATION OF ONTARIO & PROPOSED PARKING SPACES BEARINGS SHOWN HEREON ARE GRID BEARINGS REFERRED TO THE CENTRAL MERIDIAN, 75" WEST, ZONE 18, OF NAD 83 (1989 ADJUSTMENT), 6' UTM COORDINATE SYSTEM (GRS80 ELLIPSOID) AND ARE DERIVED FROM HORIZONTAL CONTROL MONUMENTS , & COMPARISONS SHOWN IN BRACKETS ARE TO ASTRONOMIC BEARINGS NAD83 UTM CONTROL COORDINATES (ZONE 18) ELLIOTT AVENUE LAND SURVEYORS PLAN SUBMISSION FORM ON PART OF LOT 1 REGISTERED PLAN No. 370 CITY OF KINGSTON COUNTY OF FRONTENAC SCALE: POINT No. NORTHING (M) EASTING (M) ELEV (M) THIS PLAN IS NOT VALID PIN J (L 1) UNLESS IT IS AN EMBOSSED ORIGINAL COPY ISSUED BY THE SURVEYOR In accordance with Regulation 1026, Section 29(3) METRIC DISTANCES & COORDINATES SHOWN ON THIS PLAN U CURB & GUTTER CG ARE IN METRES BY AND CAN BE CONVERTED DIVIDING BY TO FEET COMBINED SCALE FACTOR ALL DISTANCES SHOWN HEREON ARE HORIZONTAL GROUND DISTANCES. GRID DISTANCES CAN BE CALCULATED BY MULTIPLYING THE GROUND DISTANCES SHOWN ON THE PLAN BY THE COMBINED SCALE FACTOR OF LESLIE M. HIGGINSON SURVEYING Ltd D SSIB N/E/S/W DENOTES SURVEY MONUMENT PLANTED SURVEY MONUMENT FOUND SHORT STANDARD IRON BAR NORTH/EAST/SOUTH/WEST t f'"\ f" \ (""' ~- ~~ ~- LJ ~~ ~- \.J I... ) I... _I '... _ I 'L. '"""I I ""' "' '--' \I THIS REPORT WAS JOE BRITES UNDERSIGNED ACCEPTS ' PREPARED FOR & THE NO RESPONSIBILITY RP ROCK POST 1 STOREY FOR USE BY OTHER PAR~ES IB IRON BAR FRAME DWELLING cc CUT CROSS CIVIC No. 360 \ WIT WITNESS A \ CALC CALCULATED I s SET I M MEASURED RP1 REGISTERED PLAN No. 385 PIN (L 1) RP2 REGISTERED PLAN No. 370 P1 PLAN 13R INSI. No. FC42604 D INST No. FR D1 INST No. FC D2 INST No. TKW14249 S&SK SMITH & SMITH KINGSTON O.L.S M. PETER ALLEN O.L.S. ou ORIGIN UNKNOWN \ B BUILDING c CONCRETE sw SIDEWALK I CG CURB & GUTTER FP FENCE POST FH FIRE HYDRANT wv WATER VALVE GV GAS VALVE MH MANHOLE CB CATCH BASIN EP EDGE OF PAVEMENT HP HYDRO POLE LP LIGHT POLE I r-. r--. A OHSL OVERHEAD SERVICE LINE I ~~ 1--' I ' I I r--. I 1\ I I 1 'I I 1 THE POSITION OF THE UNDERGROUND SERVICES HAVE NOT BEEN ESTABLISHED IN THE FIELD. & STRUCTURES DECIMAL\~ <- M SYMBO)L ')...~'-.'-_1/100 '' ~1/10 M MH ~ NODE "'-DESCRIPTION ~ z (POINT OF MEASUREMENT) <;;::, ~ I <;;::, ~ ~(./) ~--~ ;o CAUTION THIS IS NOT A NOT BE USED PLAN OF SURVEY AND SHALL EXCEPT FOR THE PURPOSE \ INDICATED IN THE TITLE BLOCK. \ 0 - \-- (./) rn rn -I I r L01 SSIB (OU).- NW CORNER OF 3, - RP STOREY FRAME DWELLING CIVIC No () ::n -T., I ("'\ t I. \.J I,... I ~-- PIN (L 1) IN ST. No. FC (D1) \.) - _\_. ~ COPYRIGHT LESLIE LESLIE ' NO PERSON MAY COPY, REPRODUCE, DISTRIBUTE OR ALTER THIS PLAN IN WHOLE OR IN PART WITHOUT THE WRITTEN PERMISSION OF LESLIE M. HIGGINSON SURVEYING Ltd.. M. HIGGINSON M. HIGGINSON I "-J,../ REVISED AUGUST 20, 2015 REVISED JULY 29, 2015 REVISED JULY 2, 2015 DATED JUNE 5, 2015 LESLIE M. HIGGINSON SURVEYING Ltd. O.L.S SURVEYING Ltd GARDINERS ROAD KINGSTON, ONTARIO K7P 1R7 (613) (FAX) or leslie@lmhigginson.com FILE: CITY RP370, 1 LMH911 GND PARKING C 9

10 56'6" 10'8" 34'10" 6'4"x4'1" I Toilet 22' 1" 24'2" Window ~ Window D Front D Door Window 33" 11" 877 Division Street Convenience Store Spa~~ Exhibit C 10

11 Exhibit C 877 Division Street Second Floor Apartment Outside deck 29' 8" X 12'10"., w w D Bedroom 8'4" X 11' 7'' li Bath ~ 8' X 5' Kitchenette and Diningroom 11'.6" X 20'.8" D Stairs to I~ Bedroom 11' 11" X 11'.7'' Bedroom Livingroom 11' 5" X 11' 11'6"x 15' 5" w...,... w w ~~ '8" Division Street Side 11

12 Flower shop. 877 Division Street 34'4" 22'3" Walk in cooler Work & storage area 16' x 1 O' 2.. Bathroom 8'2"x Display l storage Display area for flowers 34'4" x 12' I ~ 1 Window - I 1 Front Door 1 ~:J Window... / Stairs to 2Dd floor Apt Exhibit C 12

13 NORTH ELEVATION SOUTH ELEVATION 13

14 EAST ELEVATION WEST ELEVATION 14

15 Planning Report 877 Division Street Zoning Justification Prepared for Joe Brites August

16 1 Introduction Pre-consultation and Required Studies Site Overview and Context Location and Site Conditions Neighbourhood Context Proposed Development Reports Submitted Archaeological Stage 1 Report.... Error! Bookmark not defined. 5 Policy Analysis Provincial Policy Statement City of Kingston Official Plan (OP) Conclusion City of Kingston Zoning By-law No Conclusion Discussion and Conclusion

17 1 Introduction This Planning Report is submitted in support of an application for Zoning By-law amendment for the lands municipally addressed as 877 Division Street (see Figure 1). The subject property has an existing mixed-use building on-site with two commercial units on the ground floor and one residential unit on the upper floor. The existing commercial uses are legal non-conforming. The zoning by-law amendment is requested to recognize the existing uses as well as to expand the list of permitted neighbourhood commercial uses. The subject property is designated Residential in the City of Kingston Official Plan and is in a One-Family Dwelling and Two-Family Dwelling A5 zone in Zoning By-law No The landowner is applying for a Zoning By-law Amendment to create a site-specific neighbourhood commercial C1 zone to recognize and expand the neighbourhood commercial uses permitted onsite. A limited number of site-specific performance provisions are also requested as they relate to existing non-complying standards, required parking and loading spaces, and parking design. Figure 1: Location of the subject site outlined in red (Source: Kingston Kmaps, 2015). 2 Pre-consultation and Required Studies Pre-consultation with City staff was held on June 16, 2015 to determine requirements associated with Planning Approvals. At the pre-consultation meeting, City staff indicated that a Zoning By-law Amendment would be required to recognize and expand the neighbourhood commercial uses. Additional supporting information/studies to accompany the application were also identified as being needed in order for the application to be deemed complete. The pre-consultation form identified the following submissions as being required for the Zoning By-law Amendment application: Conceptual Site Plan Floor Plans and Architectural Elevations These items are being provided as part of the complete application package. 17

18 3 Site Overview and Context 3.1 Location and Site Conditions The subject property is located in the Rideau Heights neighbourhood, on the southeast corner of Division Street and Elliott Avenue intersection. The property is approximately 500 square metres in area, with a total of 26.5 metres of frontage along Division Street and 18 metres of frontage along Elliott Avenue (Figure 2). The subject property has an existing mixed-use building on-site with two commercial units on the ground floor and one residential unit on the upper floor. No exterior alterations are proposed to the existing building. Access to the site will be provided via Division Street with a secondary access via Elliott Avenue. Division Street is an arterial road that provides direct connections to other parts of the city, including the downtown core and the commercial corridor of upper Division Street south of HWY 401. Elliott Avenue is a collector road, providing an east-west connection to John Counter Boulevard. Parking will be provided on-site as illustrated on the conceptual Site Plan. The location also provides residents with nearby access to transit services, with the nearest bus stop located directly west of the site on Elliott Avenue (approximately 30 m walking distance). This stop is serviced by several Kingston Transit Routes including routes 2, 16, and 18. Additionally, a stop for Express Routes 701 and 702 is located south of the site at Division Street and Kirkpatrick Street (approximately 300 metres walking distance). A number of parks are within walking distance of the subject property, including Ken Matthews Park (250m), and open space at Queen Elizabeth Collegiate and Vocational Institute (250m). Figure 2: Site Context subject properties outlined in red (Source: Kmaps, 2015). 18

19 3.2 Neighbourhood Context Figure 3: Subject Property 877 Division Street The subject property is located on the fringe of the Rideau Heights neighbourhood at the intersection of Elliott Avenue and Division Street. This intersection is characterized by commercial development with residential extending beyond (see Figures 4 through 6). The subject property is located on the southeast corner of the intersection. North of the property, on the northeast corner, is Paradiso Pizza, a restaurant which has recently expanded to include the whole of the plaza at 887 Division Street. The northwest corner of the intersection is a large vacant parcel with an established pedestrian footpath running through the land. The southwest corner is home to the Rockcliffe Plaza which supports a variety of commercial uses. Beyond the subject intersection, uses in the surrounding area are largely residential with industrial lands to the southeast. Figure 4: Paradiso Pizza on the northeast corner of Division Street and Elliott Avenue. 19

20 Figure 5: Vacant parcel on the northwest corner of Division Street and Elliott Avenue. Figure 6: Rockcliffe Plaza on the southwest corner of Division Street and Elliott Avenue. 3.3 Proposed Development The subject property has an existing mixed-use building on-site with two commercial units on the ground floor and a single dwelling unit on the upper floor. One commercial unit accommodates a flower shop, while the other commercial unit is currently vacant. Until recently, the vacant unit operated as a convenience store and take-out restaurant. The commercial uses are legal nonconforming and permitted to continue. The zoning by-law amendment is requested to recognize the existing commercial uses as well as to expand the list of permitted neighbourhood commercial uses. 20

21 The proposed neighbourhood commercial uses the applicant wishes to permit on the site include: Neighbourhood Store (as defined in By-law 8499) Convenience Store Food store of less than 223 square metres Retail Stores Laundromat Drop off/pick up drycleaners Video store Take-out restaurant Restaurant Personal service shop (i.e. hairdresser, barber, esthetician, etc.) Bakery or Bake shop Coffee Shop Florist Copy Centre Consumer service and repair shop (i.e. small appliance/computer repair service etc.) Professional Offices (i.e. lawyers, insurance companies, investment firms etc.) Medical Offices (i.e. dentist, physiotherapist, chiropractor etc.) Banks or Financial Institutions No exterior alterations are proposed to the existing building. There are currently six (6) parking spaces located in the front yard (abutting Division Street). Additional stacked parking is proposed at the rear for employee parking and along the south side of the building for the residential unit. The parking at the rear will have access via Elliott Avenue. A total of ten (10) parking spaces are proposed. As illustrated on the conceptual Site Plan (Figure 7), the existing front yard parking encroaches on the Division Street municipal right-of-way. The City has advised that existing parking will be permitted to continue through an amendment to By-law 10. The request for this amendment is being made as part of this application. 21

22 Figure 7: Site Plan 877 Division Street (Leslie M. Higginson Surveying Ltd.) 22

23 Figure 8: Existing front yard parking Figure 9: Residential apartment entrance at the front of the building. 23

24 Figure 10: Rear yard parking accessible from Elliot Avenue. Figure 11: Side yard parking accessible from Division Street. 24

25 4 Reports Submitted 4.1 Parking Study A Parking Study was prepared by Murray Josselyn dated August 18, The site can accommodate one (1) residential parking space and seven (7) non-residential parking spaces (six (6) partially on the right-of-way) and though not required, two (2) stacked spaces. The Report evaluates whether the proposed parking can support the proposed expansion of neighbourhood commercial uses at 877 Division Street. In compliance with the by-law, the site can accommodate the required residential parking and barrier-free parking on-site. With respect to non-residential parking, the Study supports approval of the request to permit additional neighbourhood commercial businesses based on the proposed parking. The Study recommends that the City of Kingston approve a zoning by-law amendment specifying the parking space to gross leasable area ratio for the proposed neighbourhood commercial be 1.0 parking space per 35m 2 GLA (or seven (7) parking spaces). Additionally, the Study concludes that a loading space is not required to support the commercial uses at this location. 5 Policy Analysis This section considers the proposed development in light of the Provincial Policy Statement (PPS) and the City of Kingston Official Plan (OP). 5.1 Provincial Policy Statement The 2014 Provincial Policy Statement (PPS) provides policy direction on matters of Provincial Interest. Section 2 of the Planning Act requires that municipal councils be consistent with the PPS in carrying out their responsibilities under the Act. Generally, the PPS encourages efficient, cost effective development and patterns of land use which stimulate economic growth and protect the environment and public health. It encourages redevelopment where this can be accommodated taking into account existing building stock or areas and encourages land use patterns that accommodate an appropriate range and mix of residential and commercial uses. The PPS also ensures a co-ordinated comprehensive approach to arriving at land use decisions and that development is consistent with current and planned municipal services. The proposed development is consistent with the intent of the PPS as it: provides a mix of residential and commercial uses (1.1.1); is compatible with adjoining commercial and residential uses (1.1.1); does not require the uneconomic extension of services (1.1.1); expands the utility of an existing building within the urban fabric of the City ( ); is supported by transit thereby enabling non-motorized vehicular movement ( ); it does not interfere with archaeological resources (2.6.1); and is not anticipated to negatively impact public health and safety (3.0). In general, the requested Zoning By-law amendment and consent applications are consistent with the intent of the Provincial Policy Statement. 5.2 City of Kingston Official Plan (OP) The subject property is designated Residential in the City of Kingston Official Plan (OP) (Figure 14). The Residential designation denotes urban residential land uses that are intended to be on full municipal services. Residential uses are primarily forms of housing including detached, semi- 25

26 detached or duplex dwellings, townhouses, and apartments of various types, tenure, and density that respond to a wide range of housing needs. Uses that support residential neighbourhoods and are compatible with a residential setting are also included (e.g. neighbourhood commercial uses). The subject property has an existing structure which accommodates two commercial units and one residential unit. The subject application proposes to recognize the existing uses as well as to expand the number of permitted neighbourhood commercial uses under the zoning by-law. The relevant OP policies are addressed in the following paragraphs. 877 Division Street Figure 14: Excerpt of Schedule 3-A of the City of Kingston Official Plan (2010) showing the property designated as Residential. Section states that, where appropriate and compatible, small-scale convenience commercial uses are allowed on a site specific basis on a low or medium density residential site. Low density residential land uses are those that have a density up to 30 dwelling units per net hectare of land (3.3.A.2). The subject property contains a mixed use building with two commercial units and one residential unit. The residential density of the site is 20 dwelling units per net hectare and as such is considered a low density residential site. Neighbourhood Commercial (3.4.F): Neighbourhood commercial land uses are not designated on the OP s land use schedules (3.4.F.2). The planned function of the neighbourhood commercial land use is to provide convenience goods and services that are generally within walking distance of the market being served in the immediate residential neighbourhood. Neighbourhood commercial uses include a limited range of convenience retail and service uses, such as corner stores, food stores of less than 223 square metres, a laudromat or dry cleaners, video store, coffee shops and small take-out restaurants, personal services such as hairdressers or barbers, and similar small-scale, local retail uses or personal services intended to provide convenience goods and services to a limited market within walking distance (3.4.F.1). The existing 26

27 commercial uses (i.e. florist, and convenience store/take-out restaurant) and the proposed commercial uses are consistent with the permitted uses identified in the OP. The existing building on the subject property has two commercial units on the ground floor and one residential unit on the upper floor. This is consistent with the built form of neighbourhood commercial uses in older areas of the City where neighbourhood commercial uses are found in mixed-use buildings containing one or more residential units above the commercial floor space (3.4.F.3). The location and size of neighbourhood commercial establishments that are permitted are strictly limited by the City (3.4.F.4). The site has successfully functioned as a neighbourhood commercial use for over 40 years. The subject application seeks to formally recognize the existing commercial uses and to expand the number of permitted uses to include a wider variety of neighbourhood commercial uses. This expansion will allow for greater flexibility in responding to the needs of the market and the neighbourhood. Section 3.4.F.5 states that neighbourhood commercial uses will generally be located on the corner of a collector street and that the residential amenity of the surrounding neighbourhood will be maintained. The subject property is located on the southwest corner of Division Street and Elliott Avenue. Division Street is an arterial road and Elliott Avenue is a collector. No exterior alterations are proposed to the existing building and the built form is consistent with the character of the area. A market justification study and impact assessment was not requested as part of the application (3.4.F.7). The neighbourhood commercial uses are existing and have been for over 40 years. Housing Districts (2.2.5): The subject property is situated in a Housing District as identified on Schedule 2 of the OP. The Housing District policies identify that lands within such district are for residential uses of different types, but will also contain areas of local open space, community facilities and neighbourhood or district commercial. The proposed development, residential and neighbourhood commercial, is consistent with the intended city structure as outlined in Section 2 of the OP. Principles of Growth, and Phasing of Growth (2.3 and 2.4): The OP states most growth is to occur within the urban boundary. Growth will be directed to achieve greater sustainability by, for example, increasing residential densities, establishing land use patterns that compliment transit and pedestrian activity, enhanced accessibility and maximize the use of existing infrastructure and public amenities. While the proposal does not increase the existing density, the development will continue to support the City s desire for mixed use development and a variety of housing types. The existing development is supported by the close proximity of the subject properties to services and recreation amenities, commercial/retail areas, and residential areas, the availability of pedestrian and cycling infrastructure, and public transit facilities. Based on this, the proposal continues to support the City s goals for intensification and ultimately for sustainable growth in the City of Kingston. Compatibility (2.7.1): The term compatible in the OP means: The ability of various land uses, buildings, sites or urban design treatments to co-exist with one another from both a functional and visual perspective through their arrangement, location...buffering, massing, or other means of providing transition that are able to successfully address undue adverse effects. Essentially this means that various land uses, architectural styles, densities, massing, heights, and so on, are generally permitted as long as they do not result in adverse effects and can satisfy the other relevant tests (Sections and 2.7.4). Section of the OP states that only proposed land use changes that are compatible, or can be made compatible with surrounding sites and land use designations, will be approved. No changes to the existing building are proposed. The size, scale, massing, and overall visual 27

28 appearance of the building will be maintained and are in keeping with existing development in the area. The overall visual appearance and function of the existing streetscape is not proposed to change. Compatible development must successfully address potential Adverse Effects (Section 2.7.3): a) Shadowing: COMMENT: The existing structure is two storeys - the shadowing impact is minimal and similar to what is commonly found in this or any similar residential neighbourhood. No exterior alterations are proposed to the existing building therefore shadowing will not change from what currently exists. b) Loss of privacy due to intrusive overlook. COMMENT: No exterior alterations are proposed to the existing built form. There are no windows along the south building face adjacent to the residence. There is an existing second floor deck on a portion of the roof that is used by the occupants of the residential unit. The deck opens to the neighbourhood to the east, but is setback from the east property line +/ m, has a tall railing of solid construction, and does not provide an undue adverse effect with respect to privacy. Existing vegetation on the neighbouring properties also helps to provide a natural buffer. Formalizing the parking area within the paved alleyway in the rear and side yards will have a minimal impact and is not anticipated to impact privacy any more than what is typical of an urban residential setting. c) Increased levels of noise, odour dust or vibration. COMMENT: Increased levels of noise, odour, dust, or vibration are not anticipated. The proposed neighbourhood commercial uses are consistent with the existing neighbourhood commercial uses that have occupied the commercial units in the past (i.e. florist, convenience store, etc.). d) Increased and uncomfortable wind speed. COMMENT: No changes to the existing building are proposed, and no appreciable or negative impacts on wind speed in the area are anticipated to result from the proposed development. e) Increased levels of traffic that can disrupt the intended function or amenity use of an area COMMENT: As iterated in the OP, the proposed neighbourhood commercial uses are intended to provide convenience goods and services to a limited market, often within walking distance. Additionally, the subject property is located on the corner of a major arterial, Division Street, which also is a key transit corridor. Hence, it is anticipated that the majority of commercial users will access the site using alternative modes of transportation. For those accessing the site by automobile, the site is located on the corner of an arterial and a collector, roads capable of supporting the existing and proposed traffic. Traffic levels are not anticipated to increase from what the property currently generates. f) Environmental damage or degradation: COMMENT: No environmental damage or degradation is expected as no exterior alterations are proposed to the site. g) Diminished service levels because social or physical infrastructure necessary to support a use or area are overloaded: COMMENT: We understand that the property is adequately serviced. We understand that the City undertakes evaluations of the capacity/adequacy of its infrastructure and uses tax dollars, 28

29 impost and development charges, parkland fees, etc. to ensure that acceptable service levels are maintained. h) Reduction in the ability to enjoy a property, or the normal amenity associated with it, including safety, access, outdoor areas, historic quality or setting: COMMENT: The proposed expansion of the permitted commercial uses is not anticipated to negatively impact the abutting properties occupants ability to enjoy their property or the amenity associated with it. The proposed rear and side yard parking aligns with the abutting properties side yards and does not negatively impact outdoor amenity space within the rear yards. i) Visual intrusion that disrupts the streetscape, building, or cultural heritage resource: COMMENT: No exterior alterations are proposed to the existing built form or to the existing front yard parking; therefore the streetscape will be unchanged by the proposed development. j) Architectural incompatibility in terms of scale, style, massing and colour: COMMENT: No exterior alterations are proposed to the existing built form. The existing building is compatible in terms of scale, style, massing and colour. k) The loss or impairment of significant views of cultural heritage resources and natural features and areas to residents: COMMENT: The proposed development is not anticipated to impact any significant views. We are of the opinion that the subject development is compatible with the existing development in the area. Section identifies potential mitigation measures that may be employed through the zoning by-law where residential uses of different densities are proposed side-by-side. The existing land uses and densities are not changing. We understand that the subject property has accommodated commercial and residential uses for over 40 years without significant issues with respect to compatibility. New developments must demonstrate that they can meet the Functional Needs (Section ) of the intended site users. This means that the development should provide: a) Suitable scale, massing and density. COMMENT: No exterior alterations are proposed to the existing built form of the existing make-up of uses (i.e. one residential unit and two commercial units). The existing building is compatible in terms of scale, massing and density. b) Appropriate landscaping. COMMENT: No alterations to the existing site layout are planned. Landscaping is not required within the proposed C1 Neighbourhood Commercial Zone. The subject property is located in an older, established area of the City where lot sizes are small. The constrained nature of the lot does provides only limited opportunity for landscaping on-site. c) Adequate land area and appropriate site configuration. COMMENT: The site is approximately 500m 2 in area and there is an existing building on-site. No exterior alterations are proposed to the existing building. There are currently six (6) parking spaces located in the front yard off of Division Street. Upon the completion of a survey, it was brought to the applicant s attention that the parking encroaches on the City s boulevard. As the parking encroachment is existing (and has been for 40 years) and given parking cannot be accommodated elsewhere on the property, the City has advised that the existing parking will be permitted to continue through an amendment to By-law 10. The request for this 29

30 amendment is being made as part of this submission. Additional commercial parking is proposed at the rear of the building for employees. Stacked parking is proposed within the south side yard for the residential unit, adjacent to the residential entrance. The parking in the rear yard will have access via Elliott Avenue. d) Efficient use of municipal services, including transit. COMMENT: Sufficient municipal services are available for the proposed development. It is anticipated that residents and commercial users will continue to utilize transit and park space in the area. e) Appropriate infill of vacant or under-utilized land. COMMENT: The proposed expansion of neighbourhood commercial uses will enhance the marketability of the site. While the units have accommodated commercial uses for over 40 years, one of the commercial units recently was vacated by the tenant. As a result of the nonconforming nature of the commercial uses, the marketability of the site is limited to that of a convenience store/takeout restaurant. The vacant unit has sat empty for a number of months. The proposed rezoning will recognize the existing commercial uses and expand the number of permitted uses to increase the marketability of the site. The proposed rezoning will increase the overall flexibility of the site to accommodate changes in the market and needs of the neighbourhood. f) Clearly defined and safe site access, pedestrian access to the building and parking, amenity and play space, and bicycle facilities. COMMENT: Site access, including pedestrian access to the building and parking areas has been clearly defined on the Conceptual Site Plan. Access to the commercial and residential units are provided at the front of the building with clear visibility from Division Street. Amenity space and bicycle facilities are not required for the subject application. In summary, the development meets the functional needs of its users and is in keeping with the range of densities found in the area. It is supported by its location on an arterial road (Division Street) with nearby access to multiple transit routes. The proposal makes efficient use of existing municipal services and has adequate land area for the proposed use. As well, there is clearly defined and safe access to the site and building entrances. Safety and Accessibility (8.2): This section discusses, with respect to the subject property, site safety and accessibility. Barrier-Free parking has been provided on-site to improve accessibility to the site. The commercial and residential entrances are provided at the front of the building with clear visibility from Division Street. The development will encourage eyes on the street with sightlines from the upper level residential units. The residential unit overlooks the pedestrian access areas and the front parking lot, which serves to discourage criminal activities. The windows along the sides of the abutting properties also provide eyes on the street to the proposed parking areas at the rear and side of the building. Lighting is provided at the rear of the building to promote safety. We recommend additional lighting at the rear and side to improve safety for site users parking at the rear and side. We would also recommend that vegetation be maintained to prevent overgrowth obstructing views within the northeast corner. For the residential component of the site, there are amenities and public uses available within walking distance from the site in the immediate area and north along Division Street thereby enhancing the overall accessibility of various land uses. CPTED concepts and principles are present in the existing design as discussed above. Given the existing nature of the building, the existing blindspot at the rear of the building cannot be eliminated but adequate lighting and site maintenance can minimize concerns for safety (8.2 b, c, d, & f). Valued Streetscapes (8.3): The City supports development that maintains or enhances the character of valued streetscapes. No changes are proposed to the exterior of the building thus 30

31 the streetscape will be unaffected by the proposed rezoning. We are of the opinion that the existing character of Division Street and area will be upheld based on the above. 5.3 Conclusion In consideration of a zoning amendment request to permit a number of neighbourhood commercial uses, we are of the opinion that the proposed development is consistent with the intent of the PPS and conforms to the policies of the Official Plan. The proposal is consistent with OP policies concerning compatibility, adverse impact, functional needs, and urban design. The proposed development will assist the City of Kingston in providing a mix of uses and increase the functional utility of a developed parcel of land within the urban boundary. 6 City of Kingston Zoning By-law No City of Kingston Zoning By-law No (ZBL) places the subject lands in a One-Family and Two- Family Dwelling Zone A5 (Figure 15). The majority of residential properties in the immediate area are in the A5 zone including those properties directly abutting the site which generally permit one and two family dwellings. The applicant is applying for a zoning by-law amendment to create a site-specific zone to permit a number of neighbourhood commercial uses. Subject Site Figure 15: Map 15 of Zoning By-law No showing the zoning of the subject property. Table 1, below, compares the proposed development against the standards of the Neighbourhood Commercial C1 Zone proposed to be applied to the subject site. This zoning is consistent with the existing and proposed uses (i.e. residential and neighbourhood commercial) and relief is needed in the following areas: 1. Permitted Use 2. Parking Design Stacked Parking 3. Required Minimum Commercial Parking Spaces 31

32 4. Required Loading Space - Retail 5. Minimum Rear Yard Justification for each of the requested areas of relief is provided below Table 1. Table 1: Proposed Development Compared with C1 Zone Provisions Section Zone provision 21.2 Permitted Uses C1 Zone Requirement - One-Family and two-family dwelling within commercial structure - Neighbourood Stores - Retail Stores - Professional Offices - Banks/Financial Institution - Restaurants - Libraries, Art Gallery - Shopping Centre - Day Care Proposed - One-Family and two family dwellings, within commercial structure - Neighbourhood Store - Retail Stores - Professional Offices - Banks or Financial Institutions - Restaurant - Food store < 223m 2; - Convenience Store - Laundromat - Drop off/pick up drycleaners - Video store - Take-out restaurant - Personal service shop - Bakery or Bake shop - Coffee Shop - Florist - Copy Centre - Consumer service and repair shop - Medical Offices Relief Required Yes Adding: - Food store - Convenience Store - Laundromat - Drop off/pick up drycleaners - Video store - Take-out restaurant - Personal service shop - Bakery or Bake shop - Coffee Shop - Florist - Copy Centre - Consumer service and repair shop - Medical Offices Deleting: - Libraries, Art Gallery - Shopping Centre - Day Care 21.3(a) Maximum Height (m) 12.0 <12.0 None 21.3(b) 21.3 (c) Minimum Rear Yard (m) Maximum Lot Coverage (%) Yes (Existing Non- Complying None 21.3 (d) Courts As per 21.3(d) n/a n/a 5.3A.(a)(ii)(1) 5.3A.(a)(ii)(1) 5.3A.(d)(i) 5.3A.(d)(ii)(a) 5.3B.(g) 5.3B.(h) No. Of Parking Spaces - Residential No. Of Parking Spaces - Commercial No. Of Barrier Free Parking Spaces Minimum Barrier Free Parking Space Dimensions (m) Location of Residential Parking Parking Design Standards (m) 1 (1 per dwelling unit) 9 (1 per 28m 2 GLA) ( GLA) 1 ( as per 5-19 parking Spaces) 2 None 8 Yes 1 None 3.7 x x 6.0 None Front yard parking prohibited 2.7 x 6.0 Tandem Parking Prohibited Parking in Side Yard 2.7 x 6.0 Tandem Parking None Yes 32