HomeMy WebLinkAboutCSD-11-033 - ZC 10/06/A/AP - 192 Activa AveREPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING:
March 21, 2011
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY:
Elizabeth Brown, Planner – 519.741.2643
WARD(S) INVOLVED:
Ward 5
DATE OF REPORT:
March 2, 2011
REPORT NO.:
CSD-11-033
SUBJECT:
ZC10/06/A/AP
192 ACTIVA AVENUE
BRICK BY BRICK DEVELOPMENT LTD.
RECOMMENDATION:
That Zone Change Application ZC10/06/A/AP for 192 Activa Avenue (Brick by Brick
Development Inc.), for the purpose of modifying Special Use Provision 245U and Special
Regulation Provision 448R to allow a religious institution use, to a maximum size of 93
square metres of the total plaza complex on the parcel of land, in the City of Kitchener
and specified and illustrated as the Subject Area on Map No. 1 be approved in the form
shown in the attached “Proposed By-law” dated December 15, 2010, attached to Report
CSD-11-033 as Appendix “A”
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BACKGROUND:
The lands are currently zoned ‘Convenience Commercial Zone’ (C-1), which permits
commercial uses but does not permit religious institutions. The site has a total area of 4436
square metres (0.44 acres), and has been developed as a commercial plaza in accordance with
an approved site plan. The subject lands are located in an area mainly comprised of residential
uses, including single detached dwellings and street-fronting townhouses. W.T. Townshend
Elementary School, John Sweeny Catholic School and Voisin Park are across Activa Avenue
from the subject site.
REPORT:
The applicant wishes to modify the existing Special Use and Special Regulation Provisions
applicable to the subject site, to permit a religious institution use with a maximum floor area of
93 square metres (1000 square feet) within one of the existing units in the plaza. A temporary
occupancy request was made by the applicant and approved by Council at the meeting of June
28, 2010, allowing the religious institution use on the site until such time as a final decision is
made on this zone change application.
The applicant is proposing to utilize the space within the plaza for the office and community
space for The Gathering Church. Sunday services for this congregation are held at W.T.
Townshend School, at 245 Activa Avenue. The proposed community space is used for
functions such as small group studies, youth after-school activities, and language classes
hosted by the local neighbourhood association. The activities held in the community space
cannot be held at the Sunday service location as they occur during the week, sometimes during
school hours.
Provincial Policy Statement (PPS)
The Provincial Policy Statement sets the policy foundation for regulating the development and
use of land. Thestatement directs municipalities to identify and promote opportunities for
intensification and redevelopment, taking into account the availability of existing infrastructure
and targets for minimum densities. The current proposal utilizes space within an existing
building, and allows this church the ability to grow within the area that it was founded without
having to construct and maintain a building exclusively for their needs.
2006 Growth Plan for the Greater Golden Horseshoe
The subject lands are within the ‘built boundary’ as defined by the 2006 Growth Plan for the
Greater Golden Horseshoe. The Growth Plan promotes development that contributes to
complete communities, creates street configurations that support walking, cycling and sustained
viability of transit services and which creates high quality public open spaces. Staff is of the
opinion that the proposal complies with the policies of the Growth Plan.
Regional Official Policies Plan
The subject lands are within the City Urban Area as established in the Regional Official Policies
Plan, and staff is of the opinion that the proposal satisfies the policies of this plan.
Kitchener’s Official Plan
The lands are designated as ‘Low Rise Residential’ under the City’s Official Plan. The policies
applicable to this designation encourage the mixing and integration of different forms of housing,
and are intended to accommodate, encourage and mix non-residential uses in residential areas
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at a scale and in locations appropriate to an area of low rise housing. The proposed zone
change is consistent with the Official Plan policies applicable to this site.
Current Zoning
The subject lands are zoned ‘Convenience Commercial (C-1) with special use provision 245U
and special regulation 448R. The Convenience Commercial zone permits a variety of
commercial uses, such as convenience retail (i.e. convenience stores), dwelling units, financial
establishments, health offices, personal services (i.e. hair salons) and restaurants. Special use
provision 245U prohibits a gas bar use on this particular property, and permits a day care
facility. Special regulation 448R recognizes a specific setback for the existing building abutting
Max Becker Drive.
Proposed Zoning
The C-1 Zone does not permit religious institution uses, so the applicant is proposing to add this
use on a site-specific basis by amending Special Use Provision 245U applicable to this site.
Further, the applicant has requested to modify Special Regulation 448R to include a clause
limiting the maximum floor area on site that is dedicated to the religious institution use to 93
square metres (1000 square feet). This equates to only about 1/10 of the total floor area of the
entire plaza.
Parking Analysis
When the subject site was initially developed and received Site Plan Approval, the required
parking for the site was calculated using the ratio for a plaza with a gross floor area between
600 and 16,200 square metres, which requires one parking space for every 27 square metres of
gross floor area. The required parking was determined to be 37 spaces for the entire plaza site,
and a total of 44 parking spaces were proposed and approved in the Site Plan Approval
process.
When looking at the current proposal, staff determined that the scope of the use proposed could
be interpreted to fit within the definition of those uses that define a plaza complex, resulting in
no additional parking being required. However, staff did take a look at the parking requirements
for a stand-alone religious institution, which are based on the number of fixed seats in the part
of the building used for worship or a calculation of 1 space for every 23 square metres of
worship space, whichever results in a higher number of spaces. As a stand-alone use, the 93
square metres proposed for the religious institution would require a total of four (4) parking
spaces. Staff notes that there are seven (7) parking spaces on the subject property above what
is required for the plaza complex. Furthermore, staff notes that the space use by The Gathering
Church within the plaza is not used for Sunday services. These services are held at an
adjacent school site, and parking during those services is accommodated on the school site. As
such, staff has no concerns with regards to parking for the proposed use as parking
requirements for the proposed use have been met.
Agency Circulation
Agencies and departments circulated the application all noted that they had no concerns.
Copies of the comments received are attached as Appendix “D”.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposal is appropriate development for a healthy community, which is one of the
community priorities in the City of Kitchener Strategic Plan.
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FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation
COMMUNITY ENGAGEMENT:
Preliminary circulation of the Zone Change Application was undertaken on November 8, 2010 to
all departments/agencies and to all property owners within 120 metres of the subject lands. The
circulation letter provided an explanation of the proposed changes to the Special Use and
Special Regulation Provisions to permit the religious institution use. A copy of this circulation
letter is attached as Appendix “C”. A notice sign was also erected on the subject lands.
Four (4) written public responses to this circulation were received. Two respondents had no
concerns or comments. The other two responses noted concerns regarding an anticipated
increase in traffic and parking demands due to the religious institution use. One of these two
letters further voiced concern regarding the appropriateness of a religious institution in a
commercial plaza.
In response to these concerns, staff requested written confirmation from the applicant of their
intended functions within the plaza space. In response, the applicant submitted a letter outlining
the extent of their proposed use of the space within the plaza for church purposes. The letter
also notes that Sunday services, which would draw the most traffic and parking demand, are not
intended to be held at the plaza site. A copy of the public responses and the letter from the
applicant are attached in Appendix “E”.
Notice of the March 21, 2011 public meeting of the Planning & Strategic Initiatives Committee
was advertised in The Record on February 25, 2011. A copy of the advertisement is attached
as Appendix “B”.
CONCLUSION:
In summary, planning staff is of the opinion that the proposed zone change conforms to the PPS
and maintains the intent of the Official Plan Low-Rise Residential designation. The subject site
is located on an intersection of two major collector roads and the use will function much like any
other service commercial business in the plaza. The area for religious institution use has been
limited to 93 square metres and the use will not generate additional parking requirements.
Therefore staff recommends that Zone Change Application ZC10/06/A/AP for 192 Activa
Avenue (Brick by Brick Development Inc.), for the purpose of modifying Special Use Provision
245U and Special Regulation Provision 448R to allow a religious institution use, to a maximum
size of 93 square metres of the total plaza complex, be approved.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY:
Jeff Willmer, Deputy CAO
Community Services Department
Appendices
A – Proposed Zoning By-law & Map 1
B – Newspaper Advertisement
C – Preliminary Circulation Letter
D – Agency Comments
E – Neighbourhood Comments
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PROPOSED BY-LAW
December 15, 2010
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 of the City of Kitchener
– Brick by Brick Developments Inc. – 192 Activa Avenue)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. Special Use Provision 245U and Special Regulation Provision 448R which apply to
the lands specified and illustrated as the Subject Areas on Map No. 1 attached
hereto are hereby revised as set out in sections 2 and 3 herein.
2. Appendix “C” to By-law 85-1 is hereby amended by modifying Section 245 thereto as
follows:
and
“245. Notwithstanding Section 7 of this By-law, within the lands zoned C-1
shown as affected by this Subsection 48, 49 and 65
on Schedules of
the following shall apply:
Appendix “A”,
a) A gas bar shall not be permitted;
b) A day care facility shall be permitted; and,
c) A religious institution shall be permitted.”
3. Appendix “D” to By-law 85-1 is hereby amended by modifying Section 448 thereto as
follows:
and
“448. Notwithstanding Section 7.2 of this By-law, within the lands zoned C-1
shown as affected by this Subsection 48, 49 and 65
on Schedules of
the following shall apply:
Appendix “A”,
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a) The minimum side yard abutting Max Becker Drive for the
building existing on August 28, 2006 (being the date of the
passing of By-law 2006-174) shall be 3 metres; and,
b) The maximum total allowable Gross Floor Area for
religious institutional use shall be 93 square metres.
PASSED at the Council Chambers in the City of Kitchener this day
of , 2011.
_______________________
Mayor
_______________________
Clerk
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Advertised in The Record – February 25, 2011
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
192 Activa Avenue
The purpose of this application is to change the zoning of the subject property to permit a religious
institution with a maximum gross floor area of 93 square metres. A local church is proposing to have an
office and a community space within a unit of the existing commercial plaza.
Planning & Strategic Initiatives Committee
The public meeting will be held by the City’s , a Committee of
Council that deals with planning matters on:
MONDAY, Monday March 21at 7:00 P.M.
st
COUNCIL CHAMBERS, 2FLOOR, CITY HALL
nd
200 KING STREET WEST, KITCHENER.
Any person may attend the Public Meeting and make written and/or verbal representation either in support
If a person or public body that files a notice of appeal
of, or in opposition to, the above noted proposal.
of a decision, doesnot make oral submissions at this public meeting or make a written submission
prior to approval/refusal of this,the Ontario Municipal Board may dismiss all or part of a
subsequent appeal.
ADDITIONAL INFORMATION
is available by contacting the appropriate staff person noted below, viewing
the report contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the
calendar section of the website http://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the
Development and Technical Services Department - Planning Division, 6Floor, City Hall, 200 King Street
th
West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Elizabeth Brown
, Planner - 519-741-2643 (TTY: 1-866-969-9994), elizabeth.brown@kitchener.ca
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Elizabeth Brown, BES MCIP RPP
November 4, 2010
Dear Property Owner / Agency:
Re: Zone Change Application ZC10/06/A/AP
192 Activa Avenue
Ward 4 – Kelly Galloway (Ward 5 under 2010 election boundaries)
The City of Kitchener has received a development application from the owner of 192 Activa
Avenue to amend the zoning of the subject property. The property is located at the south west
corner of Activa Avenue and Max Becker Drive and contains a commercial plaza development.
The subject property is shown on the map below.
City’s Official Plan
The lands are designated as ‘Low Rise Residential’ under the City’s Official Plan, which
encourages a full range of housing types. The Officiall Plan encourages the mixing and
integration of different forms of housing and sympathetic non-residential uses to achieve a low
overall intensity of use.
Current Zoning
The subject lands are zoned ‘Convenience Commercial (C-1) with special use provision 245U
and special regulation 448R. The Convenience Commercial zone permits a variety of
commercial uses as listed in Section 7 of the Zoning By-law, such as convenience retail (i.e.
1
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convenience stores), dwelling units, financial establishments, health offices, personal services
(i.e. hair salons), and restaurants. Special use provision 245U prohibits a gas bar use on this
particular property, and permits a day care facility. Special regulation 448R recognizes a specific
setback for the existing building abutting Max Becker Drive.
Proposed Zoning / Development Proposal
The applicant wishes to modify the existing special use and special regulation provisions to the
current zoning to permit a religious institution use with a maximum floor area of 93 square metres
(1000 square feet) within one of the existing structures. A temporary occupancy request was
made by the applicant and approved by Council at the meeting of June 28, 2010, allowing the
religious institutional use at the site until such time as a final decision is made on this zone
change application.
The lands are currently zoned ‘Convenience Commercial Zone’ (C-1), which allows for
commercial uses as listed in Section 7 of the Zoning By-law, but does not permit religious
institutions. The site has a total area of 4436 square metres (0.44 acres), and has been developed
as a commercial plaza in accordance with plans approved under Section 41 of the Planning Act in
2005. The subject lands are located in an area mainly comprised of residential uses, including
single detached dwellings and street-fronting townhomes. W.T. Townshend Elementary School
and Voisin Park are across Activa Avenue from the subject site.
Public and Agency Comments
Before a staff report is prepared for the zone change application, the opportunity is being
provided to all property owners within 120-metres of the subject property, City Departments,
Public Agencies and other interested parties to make comments regarding the proposed zone
December 10, 2010
change. Written comments received prior to will be considered in the
formulation of the staff report. Those parties who have made a written request for a notice will
be mailed a copy of the staff report and will be notified of the date and time of the future statutory
public meeting.
If a person or public body does not make oral submissions at a public meeting or make
written submission to the City of Kitchener before the by-law is passed, the person or public
body is not entitled to appeal the decision of the City of Kitchener to the Ontario Municipal
Board.
If a person or public body does not make oral submissions at a public meeting or make
written submission to the City of Kitchener before the by-law is passed, the person or public
body may not be added as a party to the hearing of an appeal before the Ontario Municipal
Board unless, in the opinion of the Board, there are reasonable grounds to do so.
If you have any questions, please do not hesitate to contact the undersigned.
Regards,
Elizabeth Brown, BES MCIP RPP
Planner
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