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HomeMy WebLinkAboutCSD-17-002 - Zone Change ZC16-003-P-APT - 11 Pioneer Tower Road REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: March 6, 2017 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner, 519-741-2200 ext. 7987 3 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: February 7, 2017 REPORT NO.: CSD-17-002 SUBJECT: ZONE CHANGE APPLICATION ZC16/003/P/ATP 11 Pioneer Tower Road Marisol Teijeiro ___________________________________________________________________ RECOMMENDATION: That Zoning By-law Amendment ZC16/003/P/ATP (Marisol Teijeiro) for the purpose of changing the zoning from Residential Two Zone (R-2) with Special Regulation Provision 233R to Residential Two Zone (R-2) with Special Regulation Provision 233R and Special Use Provision 459U be approved in the form shown in the “Proposed By-law” dated February 6, 2017 attached to Report CSD-17-002 as Appendix ‘A’. Subject Lands Location Map – 11 Pioneer Tower Road 2 - 1 EXECUTIVE SUMMARY: The owner of 11 Pioneer Tower Road is proposing to change the zoning to add Health Clinic to the existing Residential Two (R-2) Zone. Staff are supportive of permitting a Natural Health Clinic in keeping with the naturopathic health practice proposed by the applicant. In addition, staff recommend that a number of site specific regulations be added to limit the size and scope of the practice and accessory uses, and to enhance buffers and screening measures to help mitigate concerns expressed by nearby residents through the consultation process. REPORT: The subject lands are located at 11 Pioneer Tower Road as shown on the Location Map above. The property currently contains a vacant single detached dwelling. The owner of the property is proposing to renovate and use the property as a Natural Health Clinic. Specifically, the owner operates a naturopathic health practice offering one-on-one therapeutic services including one- on-one hot yoga, colon hydrotherapy and intravenous nutrient therapy. The clinic is anticipated to operate with up to 4 health professionals. The subject site is located in a residential area containing mainly large lot single detached dwellings and is adjacent to lands which have been developed for a variety of service commercial uses. Policy Conformity Provincial Policy Statement (2014) and 2006 Growth Plan for the Greater Golden Horseshoe The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes accommodating an appropriate range and mix of residential and employment and other uses to meet long term needs. The PPS requires that land use patterns within settlements areas shall be based on a mix of land uses which efficiently use land and existing infrastructure and supports redevelopment where municipal services are available. The subject lands are within the designated built-up area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. This document supports directing new growth to the built-up area of the City through intensification, planning for a balance of jobs and housing in communities to reduce the need for long distance commuting, to increase the modal share for transit, walking and cycling, and to encourage cities to develop complete communities with a mix of land uses. The proposed zone change conforms to the Growth Plan and is consistent with the policy direction of the Provincial Policy Statement. The proposed zone change supports a development that represents a modest intensification of a property, increases the mix of uses in the area, is compatible with the surrounding community, helps achieve the complete community objectives and makes use of existing municipal infrastructure. Regional Official Plan The subject lands are within the Built-Up Area established in the Regional Official Plan (ROP). Regional policies support directing new development to the existing Built-Up Area to make better use of land and existing infrastructure. The ROP acknowledges that the Built-Up Area contains many established residential neighbourhoods, and that future development within these neighbourhoods needs to respect the existing physical character of the area. The ROP supports development that is serviced by municipal drinking-water and wastewater system, contributes to the creation of complete communities with development patterns, densities and an appropriate mix of land uses that supports walking, cycling and the use of transit and which 2 - 2 respects the scale, physical character and context of established neighbourhoods. Staff are of the opinion that the proposed Zone Change complies with ROP policy. Official Plan The subject application has been considered under the policies of the City’s new 2014 Official Plan. Recent discussions with respect to the 2014 Official Plan appeals, have confirmed that portions of the new Official Plan are in force, with an in effect date of September 23, 2015, being the date the appeal to the entire 2014 Official Plan was withdrawn. The subject application was deemed complete in January 2016 and as such was received subsequent to the appeals of the entire Official Plan being withdrawn. Where policies of the 2014 Official Plan were specifically appealed these policies are not in effect, however, where such policies have a direct co-relation to policies contained in the former 1994 Official Plan, policies of the former Official Plan continue to apply. The subject lands are currently designated Low Rise Residential in the 2014 Official Plan. Policies which provide for and list complementary non-residential uses have been appealed and are not in effect. These policies are direct carry-overs from the former Official Plan, and therefore, the former polices are deemed to remain in effect. Within the former Official Plan the lands are designated Low Rise Residential which permits complementary uses including health clinic. Such uses are subject to certain locational criteria which were carried forward to the 2014 Official Plan and were not appealed, and are therefore in effect. Considerations for non-residential supporting land uses contained in the 2014 Official Plan encompass the considerations listed in the former Official Plan and contain additional items. The criteria and staff comments are below: a) the extent to which the immediate area, as well as the trade area, are presently serviced by similar non-residential land use. To the best of staff’s knowledge the subject area is not serviced by a similar Natural Health Clinic. The lands along King Street East provide for a broad range of commercial uses, including health clinics, however, while the land use may be permitted, staff are not aware of a similar clinic in the vicinity. The applicant is seeking an opportunity for a Natural Health Clinic in a home like setting and much of the appropriately zoned commercial space is located in commercial plazas. Further discussion is provided in the Community Input section of this report. b) whether the non-residential use will contribute to creating a walkable and complete community Most of the surrounding neighbourhood has not been designed with sidewalks, however through a future site plan approval process the City would request funds from the applicant to pay for the installation of sidewalk in the future, at such time as sidewalks are installed in the community. The site is also located within about 500 metres of the Sportsworld transit terminal providing access to multiple transit options for staff and clients. c) whether the site is more suited to the development of non-residential land uses due to matters such as noise, vibration, and other incompatibilities and adverse effects While not located directly on King Street East, the subject property is located in close proximity to the King Street East and Sportsworld Drive intersection which carries more 2 - 3 than 40,000 vehicles a day including heavy truck traffic generating noise, headlight glare and other adverse effects to the subject property. The subject property is also located directly across from commercial plazas on both Pioneer Tower Road and Baxter Place. The subject lot is positioned to serve an important transitional function at the entrance to the neighbourhood as it is both highly visible and highly impacted. The proposed Natural Health Clinic use is proposed to be located in the (renovated) existing dwelling. Therefore, there will continue to be a building with a residential presence at the entrance to the neighbourhood, signifying a change from the adjacent commercial corridor to the stable residential area. However, the proposed Natural Health Clinic is much more tolerant of the negative impacts associated with proximity to a busy arterial road and nearby commercial uses. It is a less sensitive use and therefore is much more tolerant to noise, light and other adverse effects of locating in close proximity to a busy intersection and being flanked by service commercial uses than a dwelling might be. d) whether existing residential units or future potential multiple residential dwelling units would be lost as a result of the rezoning to permit a non-residential land use As a result of the zone change one dwelling would be lost, however staff suggest that this will not have a detrimental effect on the City’s overall availability of housing. In addition, as a full demolition of the dwelling is not proposed, and as the existing Residential Two Zone is to remain (with the addition of the proposed use) the zoning would allow the home to transition back to a single detached dwelling in the future. e) whether the design, location and massing of the existing building or any new building, including lighting and signage, will be compatible with the surrounding residential buildings and the area The proposed Natural Health Clinic will be compatible with the surrounding residential dwellings in the area. The owner is contemplating renovations to the existing dwelling, and replacing the attached garage with a new addition. Site plan and elevation drawings have been submitted in support of the proposed zone change application and are attached as Appendix “C” for illustrative purposes. Urban Design staff have reviewed the plans and elevations and find that the addition and renovations will be consistent with the location, massing and design of the existing dwelling. The existing setback to Pioneer Tower Road is being maintained, with a large landscaped front yard, and the addition is proposed to be setback about 13 metres from Baxter Place which is only about 1.5 metres closer to Baxter Place than the existing garage. Parking is proposed to be located behind the building with access from Baxter Place so that the parking lot does not dominate the view into the community. The proposed regulations require a minimum of 3.0 metres be provided between the parking spaces and the side and rear lot lines, this is twice the distance usually required and in the opinion of the City’s Urban Design staff, will allow ample space for a landscape buffer between the parking lot and the existing/future wood fence. The requirement for a fence is also included in the proposed special regulations to ensure that a barrier having a minimum height of 2.0 metres is provided. Currently, a 2.4 metre fence exists along the rear lot line and a new 2.0 metre high fence is proposed for the side yard. 2 - 4 The proposal will require Site Plan approval. The Site Plan approval process will ensure appropriate landscaping, buffers, screening and lighting are provided. Preliminary landscaping design has been shown on the drawings attached as Appendix “C” and Urban Design staff are supportive of the preliminary measures being proposed. The landscape plan is required to be implemented and maintained by the owner, as approved, for the life of the development. Through this plan landscaping materials which have good screening characteristics will be used. A tree management and preservation plan will also be required. The plan identifies trees proposed to be removed or retained on the subject or adjacent properties. Where trees are proposed to be retained the plan recommends measures to ensure they are not damaged during construction. The landscape plan will also depict the proposed signage location. Signage is also regulated by the City’s Sign By-law to ensure compatibility with the surrounding residential area. A maximum of 2 signs are permitted (any combination of ground supported or fascia) and they are required to meet certain setback, size and height requirements, and lighting of the signs is also regulated. With respect to site lighting, a lighting plan will be required through the site plan process. Urban Design staff have indicated that shorter pedestrian style light standards could be used to effectively light the parking area. Lighting regulations also limit light trespass and glare, and lights are required to be dark sky compliant. Lighting controls, such as timers, can also be required as part of the approval. Generally a Health Clinic is considered compatible with residential uses and there are many areas in the City where Health Clinics are located adjacent to residential homes. Health Clinics do not generate high levels of traffic, noise, odours or emissions, and do not receive frequent deliveries as may be the case for some types of commercial uses. Health Clinics typically operate during regular business hours – the applicant has indicated the practice currently operates from late morning until evening (10 am – 8 pm). The applicant has also heard concerns from property owners about property maintenance nuisance associated with garbage and snow removal. The owner has indicated to staff that they appreciate and acknowledge that the clinic would be located in proximity to existing single detached dwellings and wish to act as a good neighbour. As such, they will make effort to time snow removal so that nighttime hours are avoided. In addition, the building and site design have been reworked so that garbage storage is internal to the building and will be wheeled out for pickup. This allows the parking lot area to be reduced in size and eliminates the need for permanent outdoor garbage receptacles and truck loading zones. To implement the foregoing, special zoning regulations are proposed to limit the size and scope of the proposed Natural Health Clinic and to regulate buffers to the parking areas. The building design, parking, landscaping, signage, lighting, grading and drainage, etc will be reviewed and approved by staff to ensure compliance with design guidelines and compatibility with surrounding lands. Further discussion with respect to zoning and site design are provided in subsequent sections of this report. f) whether the site is located on or has access to an Arterial Street or Major Community Collector Street. Where this is not the case, consideration needs to be given as to whether the non-residential use would negatively impact traffic on the local streets; The proposed development is located on Pioneer Tower Road, which is classified as a Major Community Collector. Access to the site is proposed via Baxter Place, which is a 2 - 5 local road. Baxter Place carries traffic from River’s Edge golf course, an adjoining commercial plaza and other local residential streets directly to Pioneer Tower Road, near the entrance to the community. The driveway location proposed for the subject site is located closer to Pioneer Tower Road than other local roads or residential dwellings, therefore, staff suggest that traffic accessing the subject site will have little need to proceed further into the community and would not need to regularly pass by existing residential properties. Further discussion with respect to traffic generation by the proposed use, the function of local intersections and parking are provided in subsequent sections of this report. g) whether the lands have been identified for non-residential or mixed use in a community plan and/or secondary plan or are identified as a node or corridor on Map 2; The Low Rise Residential designation and policies of the former Official Plan contemplate complementary non-residential uses including a Health Clinic. h) whether the non-residential use is in conformity with the applicable Source Water Protection Policies in the Regional Official Plan. The subject site is located outside of the Source Water Protection area. Through the commenting process residents identified former Official Plan policies which relate to development in the Pioneer Tower neighbourhoods. Technically, the cited policies do not apply to the subject lands or are no longer in effect; however, in the interest of providing a wholesome discussion staff offer the following: Residents commented specifically on policy iv) of Special Policy Area #7 contained in the former Official Plan. This policy limited the total number of new residential units to 1175 to ensure that the community was not overbuilt prior to intersection improvements being made. This policy was not carried forward to the 2014 Official Plan as intersection improvements have been completed. Further, draft approval has been granted for undeveloped lands in this area, and site specific proposals, such as the subject zone change, are intended to be evaluated on a case by case basis. City GIS staff have however provided a summary of the number of built and draft approved units in the subject area and calculate that there are currently 1143 units built or draft approved. This is 30 units below the limit outlined in the policies. As discussed in following sections of this report, Transportation Services staff are satisfied that the proposed Natural Health Clinic will not overload the operation of the existing streets and intersections. Residents also comment on policies of the Special Policy Area #7 and the Pioneer Tower West Service Commercial Secondary Plan which restrict access to Baxter Place from lands having a Service (Arterial) Designation or Commercial Designation. This policy was carried forward to the transportation policies of the 2014 Official Plan. The reason that access to Baxter Place is restricted from lands with a Commercial Designation is because such designations permit large scale, automobile oriented, retail, entertainment and other commercial and business uses which generate high volumes of traffic that local streets are not designed to carry. Commercially designated lands also have a primary frontage onto King Street East from which they can take full access, providing a better alternative to using local roads for such access. However, the subject lands are designated Low Rise Residential and as discussed previously, complementary uses which do not generate large volumes of traffic are permitted. Transportation Services 2 - 6 staff are of the opinion that the subject Natural Health Clinic will not generate high volumes of traffic and that the volume of traffic currently using Baxter Place does not represent a high volume of traffic. As such, staff are of the opinion that even though the referenced policies do not apply to the subject lands, as the subject lands are not designated commercial, the proposed development is in keeping with the spirit of the policies. Proposed Zone Change The subject lands are zoned Residential Two (R-2), 288R. The existing zoning applies to the subject site and nearby residential lands and permits single detached dwellings, small residential care facilities, duplexes, home day care, home business and coach house dwellings. Special Regulation Provision 288R requires a minimum lot width of 30.0 metres, a minimum front yard and side yard abutting a street of 7.62 metres, and the minimum lot area of 2,023 square metres. The existing lot and location of the building complies with the regulations of the R-2, 288R zoning. The applicant has requested an amendment to Zoning By-law 85-1 to adding Special Use Provision 459U to permit a Health Clinic. The applicant operates a naturopathic health practice which is currently located outside of Kitchener. The zoning by-law currently defines a Health Clinic as a building or part thereof which is used jointly by three or more health professionals for the purpose of consultation, diagnosis and/or treatment of persons. A health professional includes doctor, dentist, optometrist, chiropractor, massage therapist, naturopath and other types of regulated health professionals. The applicant is proposing to operate a health clinic that focusses on naturopathic and natural medicine. Planning staff have evaluated this proposal and in consultation with the applicant are recommending that the new use be listed as a “Natural Health Clinic’, in order to differentiate this practice from other types of health clinics. Staff are mindful that this property is located adjacent to existing single detached dwellings and as such are of the opinion that it is important that the practice be limited in size and scope and that it be designed to mitigate perceived impacts of the parking and other site works. To this end, and to address concerns raised by nearby property owners a number of special regulations have been included as follows: a) The Natural Health Clinic may operate generally in accordance with the definition a Health Clinic, however one of the health professionals is required to be a naturopath, and the clinic will be limited to a maximum of 4 health professionals in attendance at any given time. The purpose of this regulation is to permit the described naturopathic health practice and to limit future expansion of the clinic operations beyond what is currently being contemplated. b) Parking is proposed to be required in accordance with the regulations for a Health Clinic. The applicant is not seeking a reduction to parking requirements, however the practice has been described to staff as providing long appointment times ranging from 45 minutes to 1.5 hours, whereas many other types of health clinics can often provide for appointments of short duration. This could potentially result in proposed clinic having a lessor demand on parking and lower rates of patient turnover than other types of health clinics. The City cannot regulate appointment times and staff are of the opinion that it is appropriate for parking be provided in accordance with the parking rates of a Health Clinic to ensure sufficient spaces are available to meet demands. 2 c) The size of the practice is proposed to be limited to 307m, which will result in 20 parking spaces being required to meet Zoning By-law regulations. This helps limit 2 - 7 the size of the practice and associated parking lot, allowing for greater separation and buffering to be provided between the parking area and the lot line. Limiting the overall size of the clinic also avoids future expansions beyond what is being contemplated by this application. d) The zoning limits the amount of floor space used for retail to 2.5% of the gross floor area. The purpose of this regulation is to ensure that the use does not include a large retail operation which could generate higher than expected levels of traffic by attracting non-client customers to the property. Accessory uses are typically permitted to occupy up to 25% of the gross floor area of the primary use. Staff are of the opinion that this would not be appropriate in this area. It is however reasonable and common for a Health Clinic be have a small accessory retail space dedicated to selling health related products. e) Other accessory uses such as classes and educational uses that may be accessory to the Natural Health Clinic are proposed to be limited so that they do not attract more than three clients at a time. The intent of the regulation is to avoid large influxes of clients. The current parking regulations assume about 5 spaces for each health professional in attendance (20 spaces shared by up to 4 professionals). Limiting the size of classes will help ensure that sufficient parking is available and that traffic flow is dispersed. f) A setback of 3.0 metres between parking and a rear yard or internal side yard is proposed. The purpose of this regulation is to ensure additional landscape space is provided for landscaped screening buffers to address concerns of neighbouring property owners. Staff are of the opinion that while the standard 1.5 metres provides sufficient space for vegetative screening, a 3.0 metre buffer is a significant amount of space that will allow additional plantings and separation. g) A setback of 4.5 metres is required between the parking areas and the street. While 3.0 metres is the standard requirement, the additional space will help to provide additional buffers and screening to address concerns of nearby property owners. Staff note that the attached site plan includes almost 6.0 metre buffer between Baxer Place and the parking area. h) A visual barrier is required between the parking area and rear and side lot line. Typically a barrier is not required between residential zones, however as the a non- residential use is being proposed, such a barrier will effectively screen the parking lot from neighbouring residential uses, helping to mitigate concerns of neighbours. The proposed use of the lands as a Natural Health Clinic is considered to be compatible and appropriate. Situated at the edge of a low-rise residential neighbourhood and adjacent to a commercial corridor, staff are of the opinion that integrating a commercial use within an existing single detached dwelling will help achieve a transitional function for the lands. Retaining the existing built form will ensure the residential character of the neighbourhood is maintained. Zoning regulations will limit the size and scope of the proposed Natural Health Clinic, will ensure increased setbacks and screening are provided between parking and lot lines to help address the concerns of neighbouring property owners, and ensure that sufficient parking will be provided on-site to accommodate the proposed use. Agency Comments All commenting departments and agencies are satisfied that the proposed zone change may proceed. 2 - 8 Community Input In response to the preliminary circulation staff received written responses from twenty-seven nearby property owners. These are attached in Appendix ‘E’ together with minutes of the Neighbourhood Information Meeting, which was attended by seventeen residents and a Small Group Meeting attended by four residents. A broad range of questions and concerns were raised by property owners with respect to the proposal. These included concerns with respect to traffic, encroachment of commercial into the community, existing availability of commercial space nearby, conformity with planning policy, and intensity of the proposed development. Comments were received with respect to direct impacts of the development to adjacent properties (including lighting, noise, nuisance, traffic, etc.) and suggestions were put forward regarding alternative site designs. Residents also identified concerns with the City public notification and circulation procedures, and questioned impacts to property value. Four property owners have indicated that they are in favour of or have no concerns with the proposed zone change. Property owner concerns and staff responses are as follows: Notification and Circulation The subject application was circulated to nearby property owners in accordance with City Policy and Planning Act requirements and includes a preliminary mail out to property owners within 120 metres of the subject lands and the posting of signage on the subject lands. Staff understand that notice was extended to properties beyond the prescribed circulation distance by concerned residents. Staff invited all residents who responded in writing to the preliminary circulation, as well as any property owner within 120 metres of the subject lands to the Neighbourhood Information Meeting. In addition, a small group meeting was held with four residents representing three households. A courtesy notice of the public meeting will be circulated to all property owners responding in writing, to any property owners who attended the Neighbourhood Information or Small Group Meetings and to anyone owning property within 120 metres of the subject lands. Notice of the Public Meeting will be given in The Record on February 10, 2017. The City maintains standard procedures regarding initial notification and circulation to ensure compliance with Planning Act and procedural fairness and predictability to property owners and applicants, however we provide broader circulation for Neighbourhood Information Meetings. Impacts to Property Values Residents have also raised concerns that the proposed development may impact their property values. It is difficult for planning staff to comment accurately on the impact that a proposed development may have on the value of nearby homes. Staff understand that MPAC assesses homes based on as many as 200 different factors ranging from the size of the house and lot and the location, to the number of bathrooms and quality of the construction. Market values depend on a host of different factors including the state of the economy and the individual purchaser’s preferences. While, planning staff recognize that property value may be an important consideration for residents it is not a land use planning matter. Planning staff focus on whether the development is good planning with respect to the community as a whole. Policy Conformity Property owners question conformity with Official Plan and other Policy documents. As discussed previously, staff are of the opinion that the proposed zone change complies with Official Plan Policy and conforms to or does not conflict with the Provincial Policy Statement, the Places to Grow - Growth Plan for the Greater Golden Horseshoe and the Regional Official Plan. 2 - 9 Encroachment and Availability of Commercial Space A number of property owners have commented that there is sufficient commercial space in the area, specifically along King Street East that could accommodate the proposed use. While there may be commercial space available in the vicinity, with zoning suitable for the proposed use, the City has received an application to consider whether it may be appropriate to change the zoning on the subject lands to permit a Health Clinic and must evaluate the proposal based on its merits. In June 2016, the applicant completed a scan of properties for sale or with space for lease that permit a health clinic use. Of the available space there were a number of appropriately sized units available in multi-tenant plazas, however such space is not desirable to the applicant. The applicant has identified to staff that they would not consider moving the practice to a leased unit in a plaza and are pursuing this zone change because they feel that the location is appropriate and that a home-like setting is more conducive to the philosophy of the proposed health practice. Further, staff are of the opinion that the proposed zone change will not detrimentally impact the ability to lease available space in nearby plazas. Owners of nearby plazas were circulated notice of the application, and staff did not receive any comment indicating concerns with the proposed zone change. Property owners are also concerned that approval of this application would encourage further encroachment of commercial uses into the neighbourhood. The subject property is uniquely located at the entrance to the neighbourhood, near the intersection of busy streets and has high visibility and proximity to the main thoroughfare and adjacent commercial sites. As discussed in detail in the Official Plan section of this report, the proposed zone change provides for a use that is compatible with the existing dwellings, while also being more tolerant of the impacts associated with this lot’s location. If the City were to receive similar applications they would be considered on their own unique merits. Maintenance of Residential Character Residents feel it is important to retain the residential character of the neighbourhood. The applicant is proposing to locate the Natural Health Clinic in the existing dwelling which will retain its residential presence, and parking is proposed to be located behind the existing dwelling so that it is not the primary view at the entrance to the intersection. Urban Design staff are satisfied that the addition will be consistent with the design of the retained portion of the dwelling as shown on the elevation drawings contained in Appendix ‘C’. Staff are of the opinion that this proposal will preserve the residential character of the area, and would not impede the future transition of the property back to residential. Traffic Traffic was cited most often as a concern by residents of the community. Many are concerned with the existing traffic experienced at the intersection of Pioneer Tower Road/Sportsworld Drive and King Street East, and fear that no additional development can be accommodated by the existing intersections. A Transportation Assessment was prepared by Paradigm Transportation Solutions Limited in support of the application. This study uses Regional traffic counts collected Tuesday, January 26, 2016 and data collected by Paradigm on Thursday, April 7, 2016. Planning and Transportation Services staff acknowledge that the King Street East/ Sportsworld Drive intersection is very busy and Regional traffic counts indicate that it handles upwards of 42,000 vehicles a day, and show that there are delays in certain movements. The Regional counts found that the intersection of Pioneer Tower Road/Baxter Place leg of this intersection saw the highest levels of traffic during the AM peak when 160 vehicles entered the King Street East/Sportsworld Drive intersection. The study found that at the AM and PM peak it typically 2 - 10 took about 45 seconds to make a turning movement out of the neighbourhood and that vehicles would queue back from the King Street East intersection by about 24 metres (approximately 3 – 4 car lengths). This branch of the intersection was graded D in the level of service (with A being optimal and F indicating that remedial measures are required). Projecting to 2021, this situation is expected to remain the same. The study also shows that in 2021 with additional expected traffic from the development being taken into consideration that the delay in the peak hour for a left turn onto King Street East may increase by 1 second and that the queuing distance may increase by 1 metre. With respect to movements at the local intersection of Baxter Place/Pioneer Tower Road, this intersection is found to operate well at both the AM and PM peak periods (at a level of service graded A or B), experiencing little delay or queuing. In 2021, with both the background increase and increase from expected site traffic, the intersections see a very small increase in traffic and continue to operate optimally (at a level of service graded A or B). Transportation Services staff have reviewed and agree with the findings of the Transportation Assessment prepared by Paradigm Transportation Solutions Limited. The increase in traffic generated by this development will be imperceptible on the overall functioning of the intersections. Planning and Transportation Services staff acknowledge that the King Street East/Pioneer Tower Road/Sportsworld Drive intersection already experiences delays in certain turning movements. The Region of Waterloo has been working to optimize the most problematic movements and has introduced a dual left turn lane from Sportsworld Drive to King Street East (as this leg was graded F). City staff have contacted the Region of Waterloo to request that they explore whether any further intersection improvements could be made to the Pioneer Tower Road branch of the King Street East intersection to help improve turning movements out of the neighbourhood. Such improvements could include changing the centre lane from a through lane to a through-left lane, and/or adjusting the actuated traffic control movement sensor to allow extra time for the light to remain green before causing the light to change yellow. On-Site and Spill-Over Parking Residents also raised questions about whether sufficient parking was provided on-site to accommodate the use, and are concerned that if there isn’t sufficient parking provided onsite that patients of the clinic may park on nearby streets. On-street parking is not permitted on Pioneer Tower Road or Baxter Place, but is permitted on Edgehill Drive. The applicant is proposing to provide parking in accordance with the City’s Health Clinic parking regulations. For 22 a Natural Health Clinic with a maximum size of 307m, 20 parking spaces are required (1/15m) and can be accommodated in the proposed parking area. This parking ratio ensures that the full parking demand can be met on-site, without any on-street parking being available. This parking ratio has been designed to meet the parking demands of all types of health clinics. Staff understand that the operation of the proposed Natural Health Clinic is different from other types of medical practices, such as a family medical practice or emergency medical clinic, in that typical appointments last from 45 to 90 minutes, and some treatments are much longer in duration. This will likely reduce the number of patients being seen and waiting from what may be experienced at some other types of health clinics, which could expect 5 to 10 minute appointments and several patients waiting at any given time. Safety Concerns A number of residents cited concerns for safety in the community. Specifically, concerns were raised regarding the number of accidents at existing intersections, lack of sidewalk and school bus safety. 2 - 11 With respect to accidents at the existing three leg intersection of Pioneer Tower Road and Baxter Place, a summary of the collision history was prepared in November 2016 by Transportation Services staff and finds that in 2014, 2015 and 2016 only one collision was reported at this intersection (turning movement collision type). This is considered a low incidence rate (4 or more a year typically warrant investigation of further interventions). Transportation Services staff do not anticipate that the additional vehicle trips generated by the proposed use will significantly impact the incidence of collisions or accidents. Residents have commented on the lack of sidewalks in the neighbourhood. This is an historical situation and City policy is to include sidewalks at such time as streets are reconstructed. Staff acknowledge that the sidewalk along Pioneer Tower Road opposite the subject lands is discontinuous and Transportation Services staff have been in contact with concerned property owners in this regard. Through the Site Plan Approval process, the City will collect funds from the property owner to contribute to the future installation of sidewalks at such time as they are installed throughout the community. Residents have also indicated that there are school bus stops in the vicinity of the subject lands. It is not unusual for school buses to make stops on all types of roads from major arterials, country highways and local roads and in situations where there are and are not sidewalks. Laws are in place to ensure that when children are crossing streets to enter or exit a school bus (i.e. the lights are flashing) that traffic stops. With respect to morning pick-ups, the applicant has indicated that their clinic is likely not to open until 10:00 am, and therefore staff suggest that there should not be any increase in morning traffic associated with the proposed use. With respect to the afternoon bus-drop off, the traffic study indicates that the PM peak is about 4:00 – 5:00 and about 13 vehicles would either enter or exit the site during that hour. It may be reasonable to assume that this timing roughly aligns with the school bus drop-off time (within a couple of hours). Staff suggest that an additional vehicle on the street at about 4 or 5 minute intervals over the course of an hour does not represent a significant increase in traffic. Site Design & Function Property owners have raised concerns with respect to the appropriateness and impact a health clinic use may have on adjacent and nearby homes, and question whether it is appropriate to locate a commercial parking lot immediately adjacent to residential homes. Matters such as headlight glare and parking lot lighting, noise and nuisance, removal of vegetation and landscape maintenance are cited by residents and are discussed in the context of the Official Plan conformity and proposed zoning regulations which have been designed to help address resident’s concerns. In summary, special regulations have been included to regulate the maximum size of the 2 Natural Health Clinic to 307m, the number and the type of health professionals who may practice within the clinic. These regulations help ensure that the clinic will not be able to significantly change or expand beyond that which is being contemplated by this application and also helps to ensure that the amount of parking being considered is appropriate. Special regulations also limit uses that may be commonly accessory to a Natural Health Clinic such as retail sales and classes or educational seminars. Space devoted to retail sales is limited to 2.5% of the gross floor area, and classes or educational uses may not attract more than three clients at a time. This will also help to ensure that the use does not function as a retail location, which may generate many short vehicle trips, or large influxes of clients at any one time (attending group sessions). Regulations are also being recommended to required increased buffers and setback between parking and lot lines, and requiring more stringent screening 2 - 12 regulations than typically required, in order to help address concerns of adjacent property owners. These measures are detailed in the Zone Change section of this report. Other operational concerns were also raised by property owners including garbage and snow removal, impact of lighting and signage and removal of existing landscaping. Many of these are considered and discussed in the Official Plan section of this report. At the small group meeting residents requested that further consideration be given to either significantly reducing the scope of the practice, or reworking the site so that parking and access are focussed toward Pioneer Tower Road and away from Baxter Place. The applicant has given consideration to these requests. First, they are not willing amend their application to reduce the proposed size of the use drastically. The owner has indicated that her practice has grown beyond a single practitioner. As such the proposed zone change application remains as is. As discussed throughout this report Planning staff are of the opinion that the size and scope of the proposed practice is compatible and good planning. However, to help address the concerns of residents a range of special regulations are being proposed as have been previously discussed. With respect to reworking the plan, City staff and the applicant have explored whether it would be possible to locate the parking in the front yard rather than the rear yard and whether it is possible to achieve driveway access from Pioneer Tower Road rather than from Baxter Place. With respect to the driveway location, any driveway needs to be setback from an intersection. A driveway onto Pioneer Tower road would need to be located very close to the western property line. Grades in this vicinity and the location of a hydro pole frustrate this as a driveway access point. Furthermore, there is not sufficient space between the house and side yard to accommodate for the width of a driveway to access parking in the rear. Whether or not a driveway location is possible, locating the parking in the front yard is also not desirable from an urban design point-of-view. This lot is at the entrance to the subdivision and there is distinct desire of staff and residents to maintain the residential character of the neighbourhood. Staff are of the opinion that locating a parking lot in the front yard will significantly detract from the residential feel of the property and will result in a poor design for the site. Staff suggest that it is not uncommon or incompatible for a parking lot to be located next to residential homes. Availability of Services Some residents question whether there are suitable municipal services available for the proposed Natural Health Clinic. City Engineering Services staff have indicated that through the redevelopment of the site, the property will need to be connected to full municipal services including water, sanitary and storm. Full municipal services are available. Existing private services including well and septic system will need to be decommissioned. A question was also raised with respect to water-main breaks in the area. City Engineering Services staff have indicated that additional connections to the municipal water supply should have no impact on the likelihood of future water main breaks. Planning Analysis: In considering the foregoing, staff are supportive of the proposed zone change to permit a Natural Health Clinic on the subject property subject to several special regulations to address size and scope of the practice and mitigating measures. Staff are of the opinion that the proposed use of the lands is compatible with surrounding uses. Situated between a stable low- rise residential neighbourhood and a commercial corridor, staff are of the opinion that integrating the proposed Natural Health Clinic use within an existing single detached dwelling will help achieve a transitional function. Retaining the existing built form (residential dwelling) 2 - 13 will help ensure compatibility with adjacent residential properties. Zoning regulations will limit the size and scope of the proposed Natural Health Clinic and will ensure increased setbacks and screening between parking and lot lines to help address the concerns of neighbouring property owners. Sufficient parking will be provided on site to accommodate the proposed use and the amount of traffic generated will not have a perceptible impact to the functioning of existing intersections. The subject application is consistent with policies of the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. Staff are of the opinion that the proposed Zone Change represent good planning. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM & CONSULT - The proposed zone change was originally circulated to property owners within 120 metres of the subject lands in January 2016. In response to this circulation staff received responses from twenty-five property owners, which are summarized as part of this report and included in Appendix ‘D’. A Neighbourhood Information Meeting was held September 19, 2016 and was followed by a Small Group Meeting held November 4, 2016. Notice signs are also posted on the property. A courtesy notice of the public meeting will be circulated to all property owners responding to the preliminary circulation and to those owning property within 120 metres of the subject lands. Notice of the Public Meeting will be given in The Record on February 10, 2017 and a copy of the Notice is attached in Appendix ‘B’. This report will be posted to the City’s website with the agenda in advance of the council/committee meeting. CONCLUSION: Based on the foregoing, proposed Zone Change is appropriate and represents good planning. It provides for an appropriate reuse of the vacant residential dwelling and the proposed use will be compatible in the existing neighbourhood. Therefore, it is recommended that the application be approved. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) Appendices A – Proposed Zoning By-law B – Newspaper Notice C – Preliminary Site Plan and Building Elevations D – Agency Comments E – Property Owner Comments 2 - 14 CSD-17-002 - Appendix A PROPOSED BY – LAW February 6, 2017 BY-LAW NUMBER ___ OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – M. Teijeiro – 11 Pioneer Tower Road) WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified above; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Number 289 of Appendix “A” to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcels of land specified and illustrated on Map No. 1, in the City of Kitchener, attached hereto, from Residential Two Zone (R-2) with Special Regulation Provision 233R to Residential Two Zone (R-2) with Special Regulation Provision 233R and Special Use Provision 459U. 2. Schedule Number 289 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 459 thereto as follows: “459. Notwithstanding Section 36.1 of this By-law, within the lands zoned R-2 shown as affected by this subsection on Schedule 289 of Appendix “A”, a Natural Health Clinic shall be permitted in accordance with the regulations of Sections 5, 6, 36.2.1 and Special Regulation Provision 233R, and notwithstanding the following: a) A Natural Health Clinic means a ‘Health Clinic’ in Section 4 of this by-law, however a Natural Health Clinic shall include at least one (1) health professional practicing naturopathy; one (1) or more health professionals may operate jointly from the clinic, and no more than four (4) health professionals shall be in attendance at any one time. b)Parking shall be provided in accordance with therequirements for a “Health Clinic” contained in Section 6.1.2. c)The maximum size of a Natural Health Clinic shall be 307 square metres; d)An area not exceeding 2.5% of the gross floor area may be used for retail accessory to a Natural Health Clinic; 2 - 15 CSD-17-002 - Appendix A Appendix ‘A’ – Proposed Zoning By-law e) Classes and educational uses accessory to a Natural Health Clinic may attract no more than three (3) clients at any one time; f) The minimum side yard or rear yard setback to parking spaces or drive aisles shall be 3.0 metres; g) The minimum setback of a parking spaces to a street shall be 4.5 metres; and h) A visual barrier consisting of a wall or fence, having a minimum height of 2.0 metres shall be provided and maintained along the side and rear lot lines, where such lot line is adjacent to an onsite parking area provided for a Natural Health Clinic. If a visual barrier meeting these criteria is provided on abutting lands, a visual barrier will only be required at such time as the adjacent barrier is removed.” PASSED at the Council Chambers in the City of Kitchener this ______day of ___________, 2017. _____________________________ Mayor _____________________________ Clerk 2 - 16 CSD-17-002 - Appendix A SCHEDULE 289882 EL UDEHCS SCHEDULE 279082 ELUDEHCS 2 - 17 CSD-17-002 - Appendix B 2 - 18 CSD-17-002 Appendix C NATURAL HEALTH CLINIC 20.49 20 .233R, 459U 307.5 307.35 .233R 7.62 m 7.62 m 30.0 m 20 2,023 sq.m 20 2.0m 11 SPACES 3.0m 2.0m 2 - 19 CSD-17-002 Appendix C CSD-17-002 - Appendix C 2 - 20 CSD-17-002 Appendix C 2 - 21 CSD-17-002 - Appendix D 2 - 22 CSD-17-002 - Appendix D 2 - 23 CSD-17-002 - Appendix D 2 - 24 CSD-17-002 - Appendix D 2 - 25 CSD-17-002 - Appendix D 2 - 26 CSD-17-002 - Appendix E 2 - 27 CSD-17-002 - Appendix E 2 - 28 CSD-17-002 - Appendix E 2 - 29 CSD-17-002 - Appendix E 2 - 30 CSD-17-002 - Appendix E 2 - 31 CSD-17-002 - Appendix E 2 - 32 2 - 33 CSD-17-002 - Appendix E 2 - 34 CSD-17-002 - Appendix E 2 - 35 CSD-17-002 - Appendix E 2 - 36 CSD-17-002 - Appendix E 2 - 37 CSD-17-002 - Appendix E 2 - 38 CSD-17-002 - Appendix E 2 - 39 CSD-17-002 - Appendix E 2 - 40 CSD-17-002 - Appendix E 2 - 41 CSD-17-002 - Appendix E 2 - 42 2 - 43 CSD-17-002 - Appendix E 2 - 44 CSD-17-002 - Appendix E 2 - 45 CSD-17-002 - Appendix E 2 - 46 CSD-17-002 - Appendix E 2 - 47 CSD-17-002 - Appendix E 2 - 48 CSD-17-002 - Appendix E 2 - 49 CSD-17-002 - Appendix E 2 - 50 CSD-17-002 - Appendix E 2 - 51 CSD-17-002 - Appendix E 2 - 52