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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. 4 - 1 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 4 - 2 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 4 - 3 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. 4 - 4 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. 4 - 5 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 4 - 6 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 4 - 7 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. 4 - 8 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 4 - 9 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 4 - 10 DSD-19-095 - Appendix A Schedule252 Schedule250 2 T R A P 4 1 T R AP KCOLB 501 4 - 11 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 4 - 12 DSD-19-095 - Appendix C 4 - 13 DSD-19-095 - Appendix C 4 - 14 DSD-19-095 - Appendix C 4 - 15 DSD-19-095 - Appendix C 4 - 16 DSD-19-095 - Appendix C 4 - 17 DSD-19-095 - Appendix C 4 - 18 DSD-19-095 - Appendix C 4 - 19 DSD-19-095 - Appendix C 4 - 20 4 - 21 4 - 22 4 - 23 4 - 24 4 - 25 4 - 26 4 - 27 4 - 28 4 - 29 4 - 30 4 - 31 4 - 32 4 - 33 4 - 34 4 - 35 4 - 36 4 - 37 4 - 38 4 - 39 4 - 40 4 - 41 4 - 42 4 - 43 4 - 44 4 - 45