HomeMy WebLinkAboutDSD-19-095 - Zoning By-law Amendment Application ZC18/008/N/CD - 730 New Dundee RoadREPORT TO:Planning and Strategic InitiativesCommittee
DATE OF MEETING:May 13, 2019
SUBMITTED BY:Alain Pinard,Director of Planning,519-741-2200 ext. 7319
PREPARED BY:Craig Dumart,Junior Planner,519-741-2200 ext. 7073
WARDINVOLVED:Ward 4
DATE OF REPORT:April 9, 2019
REPORT NO.:DSD-19-095
SUBJECT:ZONING BY-LAW AMENDMENT APPLICATION
ZC18/008/N/CD
730 New Dundee Road
Principia Development Ltd.
______________________________________________________________________
Location Map: 730 New Dundee Road
RECOMMENDATION:
A.That Zoning By-law Amendmentapplication ZC18/008/N/CDfor Principia Development
Ltd.requesting tochangethe zoningfrom Agriculture Zone (A-1) to Convenience
CommercialZone(C-1)with Special Use Provision 477U, Special Regulation
Provision 751Rand Holding Provisions87H and 25HSRon the parcel of land
specified and illustrated on Map No. 1, be approved in the form shown in the
-April 9,2019, attached to Report DSD-19-095as Appendix
A;And
B.That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for
minor variances shall be permitted for lands subject to Zoning By-law Amendment
Application ZC18/008/N/CD.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
Summary of Proposal
The subject lands are located at 730 New Dundee Road near the intersection of Dodge Drive
and New Dundee Road.The surrounding neighbourhoodconsistsof single detached dwellings
located behind the subject lands on Blair Creek Drivenorth of the property and a single
detached dwelling to the west of the property,astorm water management facility is located
directly beside the subject propertyto the eastand alarge residential care facility islocated to
the south east of the subject property. 730 New Dundee Roadis currentlydeveloped with atwo
storeysingle detached dwelling. The owner is proposing to rezone the lands from Agriculture
Zone (A-1) to Convenience Commercial Zone (C-1) with Special Use Provision 477U, Special
Regulation Provision 751R to allow the neighbourhoodscale commercial uses as permitted
uses. Holding provisions for the clearance ofanarcheological assessment study(87H)and full
water services (25HSR) will apply.
Proposed Zoning Summary:
Convenience Commercial Zone (C-1)
Rezone the subject lands from Agriculture Zone (A-1) to Convenience Commercial
Zone (C-1). This new zoning would permit neighbourhood scale commercial uses.
Specifically;Convenience Retail, Dwelling Unit, Financial Establishment, Health Office,
andPersonal Services.
Special Use Provision 477U
Site specific uses tobe added to the subject lands topermit Health Clinic, Veterinary
Services and Office as permitted uses.Further, the site specific regulation prohibits a
restaurant and gas par as permitted uses.
Special Regulation Provision 751R
Site specific regulationsto permit : Maximum gross leasable space for an Office shall
not exceed 170 square metres (approximate size of the largest unit)
Maximum gross leasable commercial space for a Convenience Retail Outlet shall not
exceed 300 square metres for a single convenience retail outlet; and
Location and Maximum Floor Area criteria for Health Office Use shall not apply.
Holding Provision 87H
No development shall be permitted on the subject lands until an archeological
assessment study is fully completed and clearance of the study is provided by the
Region of Waterloo.
Holding Provision 25HSR
No development shall be permitted on the subject lands until full water services are
available for the subject property.
Policy Conformity
Provincial Policy Statement
The Provincial Policy Statement (PPS) provides the policy foundation for regulating the
development and use of land in the Province. The PPS promotes healthy, liveable and safe
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communities by accommodating an appropriate range and mix of residential, employment
(including commercial uses), recreational and open spaceuses to meet long-term need of its
residents. Specifically, the followingpolicies provide directionto support the Zoning By-law
Amendment.
Policy 1.1.1: Healthy, livable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-being
of the Province and municipalities over the long term;
b) accommodatingan appropriate range and mix of residential (including second units,
affordable housing and housing for older persons), employment (including industrial and
commercial), institutional (including places of worship, cemeteries and long-term care homes),
recreation, park and open space, and other uses to meet long term needs;
Policy 1.7.1: -term economic prosperity should be supported by:
Planning staff is of the opinion that the existing zoning on the property isnotconsistent with the
Provincial Policy Statement.
Planning staff is of the opinion that the proposedusesrequested by the Zoning By-law
Amendmentareconsistent with the Provincial Policy Statement.
2017 Growth Plan for the Greater Golden Horseshoe
Plan for the Greater Golden Horseshoe. The Growth Plan promotes development that
contributes to complete communities and supports active transportation. The proposal complies
with the policies of the Growth Plan.
Regional Official Plan
Regional Official Plan. The proposal conforms to the policies of this plan. Through the review of
the application, the Region of Waterloo has identified the need to finalizean archeological
assessment. Regional staff supports the adoption of the zoning bylaw subject to use of a
holding provision to secure the completion of such study,to the satisfaction of the Regional
Municipality of Waterloo, prior to lifting of tThe existing zoning does not conformtothe
Regional Official Plan. The proposed zoning conforms to the Regional Official Plan.
City of Kitchener Official Plan
Urban Structure
planned function of Community Areas is to provide for residential uses as well as non-residential
supporting uses intended to serve the immediate residential areas.
Official Plan
Low Rise ResidentialOfficial Plan.
The predominant land use in the Low Rise Residential District is residential, but it is intended to
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accommodate, encourage and mix non-residential uses in residential areas at a scale and in
locations appropriate to an area of low rise housing.
The Low Rise Residential designationpermits small scale commercial uses such as
clinics, educational establishments (excluding secondary schools), religious institutions, small
and large residential care facilities, restaurants in plazas, social service establishments, studios,
veterinary services, service stations and car washes may be permitted where they are
considered to be compatible with Low Rise Residential development and subject to any specific
locational criteria.
The subject lands havealways been intended for development as the lands are designated Low
The current zoning of the subject lands (Agriculture
Zone, A-1) does not comply with the Official Plan. Theproposed Zoning By-law Amendmentwill
comply with the Official Plan.
Planning Analysis
The subject property is designated Low Rise Residential in the OfficialPlan.The applicant is
proposing to rezone the subject lands from Agriculture Zone (A-1) to Convenience Commercial
Zone (C-1) with Special Use Provision 477U, Special Regulation Provision 751R to allow
nieghourood scale commercial uses as permitted uses.Holding provisions for the completionof
an archeological assessment study (87H) and full water services (25HSR) will apply.
The proposed zoning will allow the owner to develop a neighbourhood scale commercial
building that would serve the surrounding neighbourhoodand community.The owner intends to
develop a one storey,578 square metre(approximately 6221 square feet) commercial building.
The building proposes to include four commercialunits in total,ranging from 129.5 square
metres (1400 square feet) to 170 square metres (1800 square feet).
The proposed uses, location and scaleof the proposed commercial development are
appropriate and will contribute towards a complete community.The neighbourhood scale
commercial uses, Office, Health Office, Personal Services, Convenience Retail (such as a
pharmacy), and Financial Establishment, typicallyoperate 9am -5pm week day primarily. The
proposed zoning will prohibit arestaurant use which will minimize the hours the commercial
building will be open.
The building is proposed to be located 8.5 metres (28 ft) setback from the rear property line and
10.5 metre (34 feet) from the westerly residential property which will allow for adequate tree
plantings additional to a required 1.8 metre visual barrier to furtherscreen the commercial
building from adjacent residential properties. Parking will be located at the side and mainly in
front of the building to have less impact on adjacent residential lands.The site plan process will
address site function including lighting, landscaping, safety, servicingand the potential for a trail
connection between the commercial buildingand theadjacent residential subdivision to allow
residents to walk to the neighbourhood commercial building.
The proposed zoning will allow for an appropriate rangeof commercial uses alongNewDundee
Road(a Regional,Arterial Road). The proposed use is at a scale that is compatible with the
existing neighbourhood. Furthermore, the proposed zoning will allow the property to align with
its Official Plan designation.
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In considering the foregoing, Staff is supportive of the proposed Zoning By-law amendment.
Rezoning the subject lands will reflect the general character of the neighbourhood and provides
a transitional use for the residential uses located behind the subject property.
The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement,
Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. The proposed
Staff is of the opinionthat the
proposed Zoning Bylaw Amendment represents good planning.
In considering the foregoing, Staff is recommending the approval of the Zoning By-law
Amendmentapplication.See Appendix A.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The
through the delivery of core service.
AGENCY COMMENTS:
Commenting agencies and City departments have noconcerns with the proposed Zoning By-
law amendment.The City of Kitchener Engineering Department supports this zone change with
the inclusion of a holding provision.A holding provision for municipal water servicing to the
satisfaction of the City of Kitchener along with a holding provision for the completion of an
archeological assessment, to the satisfaction of the Regional Municipality of Waterloo has been
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Application was circulated to City departments, commenting
agencies and property owners within 120 metres of the subject landson October 16,2018as
per Planning Act requirements. A copy of all department/agency comments are attached as
Csadvising of the Zoning
By-law Amendmentapplication.
in advance of the committee meeting.
Written responses from property owners and interested parties are attached as
Following the submission of written responses from residents/property owners,Planning staff
held a NeighbourhoodInformation Meeting on February 28, 2019 to discuss the proposaland
address concerns raised byresidents/property owners.
Through written comments and discussion at the Neighbourhood Information Meeting common
themes were identified. Staff responseto the following identified issues are as follows:
(1)Traffic Concerns:
Residents identified traffic and access a concern. As New Dundee Road is a Regional Road,
the Region of Waterloo provided a written response to address concerns:
Safe Access:As a condition of approval for a future site plan application, the applicant
will be required to ensure that the proposed access complies with the Regional Access
Policy i.e. width and radii.
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New Dundee Road Reconstruction:New Dundee Road (Regional Road12) has been
identified for widening and road reconstruction including cycling facility and sidewalk in
2025 (with EA to commence in 2021).
Traffic Study:
In/Out in AM /PM peak hour. The trip generation from the proposed development at the
above location would generate approximately 12 trips In/Out in AM /PM peak hour.The
size of the development is too small to require any traffic study.
The Current two lane road can handle approximately 900 vehicles per hour, per
direction.
(2) Noise/ Visual Impacts:
Residents raisedconcerns with noise, visual and social impacts withtheproposed
development, specifically a restaurant being a permitted use in the proposed C-1 zone.
The property owner agreed that a restaurant use may be a nuisance tothesurrounding
residents/property owners and the proposed zoning will prohibit restaurant as a
permitted use.
Safety, specifically concernabout activity at the rear of the building will be addressed
through the site plan review.
A Visual Barrier is also required and will be reviewed during the site plan process.
Where in any zone a visual barrier is required to be provided and maintained, such
barrier shall act as a screen between uses and be constructed to a minimum height of
1.8metres and shall consist of the following: a) a wall, fence; or b) trees or shrubs
(provided however that there is a reserved width of planting that is appropriate for
healthy plant growth so that the vegetation achieves a minimum height of 1.8 metres and
is continuously unpierced within 3 years of planting); or c) earth berms; or d) any
combination of the above.
(3) Tree Retention:
Residents identified tree retention as a concern. In response staff provided the following
comments:
Tree retention willbe reviewed during the site plan process.Staff will make every effort
to ensure the ownerretains as many trees as possible on site.
The proposed building will be setback 8.5 metres (28 feet) from the rear property line
which will allow for adequate tree plantings additional to the required visual barrier to
further screen the commercial building from adjacent residential properties.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected withthis recommendation.
COMMUNICATIONS:
Notice of the May 13, 2019public meeting of the Planning & Strategic Initiatives Committee will
be advertised in The Record onApril 18, 2019. The newspaper notice is attached as Appendix
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Community Engagement Strategy. The notice will also be posted on the City of Kitchener
website at www.kitchener.ca.
CONCLUSION:
Planning staff is of the opinion that the proposed Zoning By-law amendmentdemonstrates good
planning principles, and is consistent and actually resultsin compliance with the Official Plan
designation on the subject lands and is appropriate for the surrounding neighbourhood.Staff
therefore recommends approval of the Zoning By-law amendmentas outlined in the
Recommendation section of this report.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
Attachments
Appendix A -Proposed Zoning By-law
Appendix B-Newspaper Notice
Appendix C-Department/Agency Comments
Appendix DResident/Property OwnerComments
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DSD-19-095 - Appendix A
PROPOSED BY LAW
April 9, 2019
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
-Vladimir Sestan -730 New Dundee Road)
WHEREAS it is deemed expedient to amend Zoning By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1.Schedule Number 250-law 85-1 is hereby amended by
changingthe zoning applicable to the parcel of land specified and illustrated as
Area1 on Map No. 1,in the City of Kitchener,attached hereto, from Agricultural
Zone (A-1)toConvenience Commercial Zone (C-1) with Special Use Provision
477U, Special Regulation Provision 751R,and Holding Provisions 87H and
25HSR.
2.Schedule Number-law Number 85-1 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1
attached hereto.
3.-law 85-1 is hereby amended by adding Section 477Uthereto
as follows:
477.Notwithstanding Section 7.1of this By-law, within the lands shown
on Schedule Number 250usesshall
also be permitted:
i)Health Clinic, Veterinary Services and Officein accordance
with the regulations in Section 7.2.
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DSD-19-095 - Appendix A
Further, the following uses shall not be permitted:
i)Restaurant, Gas Bar.
4.-law 85-1 is hereby amended by adding Section 751R thereto
as follows:
751. Notwithstanding Section 7.2of this By-law, within the lands shown on
Schedule Number 250
regulations shall apply:
i)Themaximum gross leasable space for an Office shall not
exceed 170 square metres.
ii)The maximum gross leasable commercial space for a
Convenience Retail Outlet shall not exceed 300 square
metres for a single convenience retail outlet; and
iii)Thelocation and maximum floor area criteria for Health Office
Use shall not apply.
5.-law 85-1 is hereby amended by adding Section 87H thereto
as follows:
87.Notwithstanding Section 7of thisBy-law, within the lands zoned
C-1asshown as affected by this subsection on ScheduleNumber
250, nodevelopmentshall be permitted until such
time as the City of Kitchener is in receipt of a letter from the Regional
have been satisfied with respect to the submission and clearance of
an Archeological Assessment, and this Holding Provision has been
removed by By-law
6.-law 85-1 is hereby amended by adding Section 25HSR thereto
as follows:
25.Notwithstanding Section 7of this By-law, within the lands zoned
C-1,shown as affected by this subsection on Schedule Number 250
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DSD-19-095 - Appendix A
,theholding provision represented by the letter
symbols K (W) as established in Section 3.5.7 shall apply so that
no building permits will be issued until such time as there is adequate
water services available to the lands
PASSED at the Council Chambers in the City of Kitchener this day of
, 2019.
_____________________________
Mayor
_____________________________
Clerk
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DSD-19-095 - Appendix A
Schedule252
Schedule250
2
T
R
A
P
4
1
T
R
AP
KCOLB
501
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DSD-19-095 - Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTION 34 OF THE PLANNING ACT
730 New Dundee Road
The owner is proposing a Zoning By-law amendment to rezone the lands from Agriculture One Zone (A-1) to Convenience
CommercialZone (C-1)withsite specificregulations.The site specific regulationswill permitOffice,HealthClinic,and
veterinary services, and will prohibit a gas bar and restaurant as uses.
Thepublicmeetingwill be heldbythePlanning&StrategicInitiatives Committee,aCommitteeofCouncilwhich deals
with planningmatters on:
MONDAY, May 13,2019at 7:00 P.M.
nd
COUNCIL CHAMBERS,2FLOOR,CITYHALL
200 KING STREETWEST, KITCHENER.
Any personmayattend thepublic meeting and make written and/or verbalrepresentation eitherin supportof, or in opposition
to, the above noted proposal. If a person or public body would otherwise have an ability to appeal the decision of the
Cityof Kitchener to the Local PlanningAppealTribunal,butthe personor publicbodydoes not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
this proposal,the person or public body is not entitled to appeal the decision.
ADDITIONALINFORMATIONisavailablebycontactingthestaffpersonnotedbelow,viewingthereportcontainedinthe
meeting agenda (posted 10 days beforethemeeting atwww.kitchener.ca-click onthe dateinthe CalendarofEvents and
th
select the appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Craig Dumart,JuniorPlanner - 519-741-2200 x7073(TTY:1-866-969-9994);craig.dumart@kitchener.ca
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DSD-19-095 - Appendix C
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