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HomeMy WebLinkAboutCSD-11-077 - Zone Change Application - 313 & 319 Highland Rd W REPORT TO: Staff Re vet CommunrtySer~ices Depar~meni Planning and Strategic Initiatives Committee DATE OF MEETING: August 15, 2011 SUBMITTED BY: Alain Pinard, Director of Planning www.kitchenerca PREPARED BY: Garett Stevenson, Planning Technician 519-741-3400 x3158 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: July 21, 2011 REPORT NO.: CSD-11-077 SUBJECT: ZONE CHANGE APPLICATION ZC10/12/H/GS 313 HIGHLAND ROAD W (BOZENA SIKORSKI) 319 HIGHLAND ROAD W (JADEF INVESTMENTS LTD) Subject Properties: 313 and 319 Highland Road West ,.~ ~ ,. ~ ~ _ ~~© , 7~~~P~ t~ f' S' ~ l ~~J E CT ~" '~ `~ LANDS / ~, ` `~ `\ \ `-- -- ~ ~ '~; ~ ~ ~ ~Qtit .~ ~ ,, „- a~..- ~ x' ~ ~ ~~~~ -~~ Q~~ °~ F"~ E ~ Miq,~ ..... 7 ,: _ .r . RCS Ir - r ` RECOMMENDATION: That Zone Change Application ZC10/12/H/GS (Bozena Sikorski, 313 Highland Road West & Jadef Investments Ltd, 319 Highland Road West), for the purpose of changing the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with Special Use Provision 415U, in the form shown in the "Proposed By-law" dated July 13, 2011, attached to Report CSD-11-077 as Appendix A, be approved. 3-1 BACKGROUND: Staff Re vet CommunrtySer~ices Depar~meni www.kitchenerca The subject properties are located near the intersection of Highland Road West and Roxborough Avenue. The Owners have applied to amend the zoning of the lands from Residential Five (R-5) to Residential Five (R-5) with Special Use Provision 415U to allow Personal Services, Health Office, and Health Clinic as permitted uses. The properties were each originally developed as single detached dwellings. The building at 313 Highland Road West has been partially converted into a Personal Services business. The building at 319 Highland Road West is currently being used for residential purposes. The properties are currently zoned as Residential Five (R-5) which permits a variety of residential uses including; coach house dwelling unit, duplex dwelling, home business, lodging house, multiple dwelling, private home day care, residential care facility, semi-detached dwelling, and single detached dwelling. The subject property is designated as Low Rise Residential in the City's Official Plan. REPORT: Proposed Zone Change The Owner has applied to amend the zoning of the lands from Residential Five (R-5) to Residential Five (R-5) with Special Use Provision 415U to allow Personal Services, Health Office, and Health Clinic as permitted uses. Staff are recommending that Special Use Provision 415U permit the requested non-residential uses within the existing buildings and that any additions to the existing buildings, or new development, are in compliance with Section 39.2.1 of By-law 85-1. The regulations in Section 39.2.1 are applicable for multiple dwellings on any property that is zoned as Residential Five (R-5) and are appropriate for anon-residential building on both of these properties. The Owners will be required to submit and receive final approval of a Site Plan application prior to obtaining any building permits. City of Kitchener Official Plan (OP) The predominant land use in the Low Rise Residential District is residential, but it is intended to 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 designation recognizes the existing scale of residential development and allows for a variety of low density residential uses. Non-residential uses such as convenience commercial, artisans' establishments, day care facilities, health offices, health 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. Transportation Map 5 in the OP identifies the portion of Highland Road West adjacent to these properties as a Primary Arterial Road. Primary Arterial Roads are roads under the jurisdiction of the Regional Municipality of Waterloo and their function is to distribute large volumes of traffic between other Arterial Roads and Major Collector Roads. The primary purpose of such roads is to carry through traffic within and between municipalities. 3-2 Staff Re vet ~ITCH~I~TE~ CommunrtyServicesDepar~men~ www.kitchenerca The subject properties are within walking distance of a Mixed Use Node, as identified on the Land Use Map 5 in the OP. Mixed Use Nodes are intended to serve an inter-neighbourhood function and will allow for intensive, transit supportive development in a compact form. Mixed Use Nodes will intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Mixed Use Nodes generally have strong pedestrian linkages with the surrounding residential neighbourhoods. The Low Rise Residential policies in the OP support non-residential uses where appropriate based on locational criteria and compatibility with adjacent development. It is Planning staff's opinion that the proposed zone change meets the intent of the OP. Residential Five (R-5) zoning with Special Use Provision 415U will allow for an appropriate mix of commercial and residential uses along a Primary Arterial Road within walking distance to a Mixed Use Node. The proposed use is at a scale that is compatible with the existing neighbourhood. Provincial Policy Statement, 2005 The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets out principles to achieve "healthy, liveable and safe communities". The PPS is supportive of efficient development patterns that optimize the use of land, resources, and public investment in infrastructure and public service facilities. Planning staff is of the opinion that the proposed zone change will facilitate a mixed use residential-commercial development which will meet the intent of the PPS. Growth Plan for the Greater Golden Horseshoe, 2006 The subject property is within the Built-up Area as defined in the Growth Plan for the Greater Golden Horseshoe. The Plan promotes the development of healthy, safe, and balanced communities. The Plan is also supportive of the intensification of existing residential neighbourhoods with new development, including non-residential. Planning staff is of the opinion that the requested zone change to permit Personal Services, Health Office, and Health Clinics complies with the Growth Plan as it allows for a mixed commercial-residential development. Region of Waterloo Official Policies Plan The subject lands are designated as City Urban Area in the Regional Official Policies Plan. The Region of Waterloo advises that there is no objection to the proposed zone change. Kitchener Growth Management Strategy, 2009 The Kitchener Growth Management Strategy (KGMS) helps to ensure that growth is managed effectively and that the City achieves the required density and intensification targets, while accomplishing the desired built form and function which will enhance the quality of life in Kitchener. This Growth Management Strategy is based on the principle that maximizing the use of existing infrastructure is preferred and that planning for and implementing intensification is also a high priority. Planning staff is of the opinion that the requested zone change complies with the KGMS as it allows for a mixed use development on the subject properties at a neighbourhood scale in a location that is easily accessed by public transportation or by pedestrians from the adjacent neighbourhood. 3-3 Staff Re vet ~ITCHI~I~TE~ CommunrtyServicesDepar~men~ www.kitchenerca Neighbourhood Circulation Comments As a result of the circulation of this application, three members of the community submitted comments. One respondent expressed concern that they are uncertain what development may result from the proposed zone change. The author also identified concern for an increase in noise from the future businesses as well a potential loss of privacy in their backyard which is adjacent to the rear yard of the subject property. The author suggested that the applicants install a fence at the rear of the property as a protective measure. City staff advise that the author's comments will be appropriately addressed through the required future Site Plan process and are premature at the zone change stage. Staff also note that the City's Zoning By- law 85-1 requires that a visual barrier be constructed at the rear of the property should the backyard be developed for parking. Further, the wording of Special Provision 415U requires that the non-residential uses be located in the existing building, or in compliance with the regulations for multiple dwellings in a Residential Five (R-5) zone. Staff are aware of the respondent's concerns and will address these issues during the Site Plan process. The second respondent expressed discontent with the procedure in which the City and the applicants are currently pursuing the legalization of the existing business. City staff have addressed the comments directly with the respondent. The comments are of procedural concern and do not address any land use planning issues. A third respondent provided their contact information for future correspondence and did not provide any specific comments. Department and Circulation Agency Comments As a result of the circulation of this application, nine written comments were received from departments and agencies, all of which stated no concerns with the proposed zone change (see Appendix D). COMMUNITY ENGAGEMENT: Preliminary circulation of the Zone Change Application was undertaken on February 1, 2011 to all applicable departments and agencies and to all property owners within 120 metres of the subject lands. As a result of the preliminary circulation, staff received three responses from neighbouring property owners (see Appendix E). The three property owners who provided written comments will be mailed a copy of this report. Notice of the August 15, 2011 Planning and Strategic Initiatives Committee Meeting (public meeting) will be advertised in The Record on July 22, 2011 (see Appendix C). FINANCIAL IMPLICATIONS: There are no financial implications to the City. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed zone change will help facilitate the development of the subject site with amixed- use development and will align with the Kitchener Strategic Plan as it ensures the implementation of the Development community priority with comprehensive redevelopment that is consistent with Provincial, Regional and City planning policies. 3-4 Staff Re vet ~ITCH~I~TE~ CommunrtyServicesDepar~men~ www.kitchenerca CONCLUSION: Planning staff is of the opinion that the proposed zone change to permit Personal Services, Health Office, and Health Clinic as permitted uses is appropriate. The proposed zone change is in compliance with the Low Rise Residential policies in the City's Official Plan, the policies of the Regional Official Plan, and all applicable Provincial policy. The development of the properties with a mixed commercial-residential development is appropriate in the existing community and will create a positive contribution to the neighbourhood. The recommended By-law by Staff requiring that any new development be compatible with the multiple dwelling regulations will ensure that any new built form is compatible with the existing scale of the neighbourhood. Through the Site Plan application and the implementation of the policies in the City's Urban Design Manual, staff will ensure that any new development is suitable for the community. Planning staff are if the opinion that the proposed zone change application is good planning and recommend approval of the zone change as outlined in the Recommendation section of this report. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Alain Pinard, Acting Deputy CAO Community Services Department Attachments Appendix A - Proposed Zoning By-law dated July 13, 2011 Appendix B - Map No.1 Appendix C - Newspaper Advertisement Appendix D - Department/Agency Comments Appendix E - Property Owner Comments 3-5 Report No. CS®-11® 1(- L A Appendix `, July 134 2011 BY-LAW NWBER 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 - Bozena Sikorski and Jadef Investments Ltd. - Highland Road West) 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. Schedule No. 71 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel. of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, attached hereto from Residential Five Zone (R-5) to Residential Five Zone (R-5) with Special Use Provision 415U. 2. Schedule No. 71 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 415 thereto as follows: "415. a) Notwithstanding Section 39.1 of this By-law, within the lands zoned R-5 on Schedule 71 of Appendix "A", Personal Services, Health Office, and Health Clinic shall be permitted within the building existing on August 15, 2011. b) Notwithstanding Section 39.1 of this By-law, within the lands zoned R-5 on Schedule 71 of Appendix "A", Personal Services, Health Office, and Health Clinic shall also be permitted within a 3-6 building, ®r ~ p®rtion of a building, existing after August 15, 2011 in accordance with Section 39.2.4." PASSE® at the C®uncil Chambers in the City of Kitchener this day of 2011. Mayor Clerk 3-7 3-8 Rep®rt No. ~~D-11- Appendix "" Advertised in The Record -July 22, 2011 PROPERTY OWNERS AND .INTERESTED PAF2TIES ARE INVITED TO ATTEND A Pt113LIC MEETING T® DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING 13Y-LAW UNDER SECTION 34 OF THE PLANNING ACT 313 and 319 Highland Road lAlest The purpose of this application is to change the zoning from Residential Five (R-5) to Residential Five (R-5) with Special Use Provision 4150 to allow Personal Services, Health Office, and Health Clinic as permitted uses. The public meeting will be held by the City's Planning and Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, AUGUST 15, 2011 at 7:00 P.M. COUNCIL CHAMBERS, 2"d FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written andlor verbal representation either in support of, or in opposition to, the above noted proposal. If a person or public body that files a notice of appeal of a decision, does not make oral submissions at this public meeting or make a written submission prior to approvaltrefusal 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 Community Services Department - Planning Division; 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). 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O 'O 0 3 L v U ~ B Y O ~ ... -OO a3 ~ ~ J P O y ~_ O L ~ F3~' '6 c~_n m ti 0 0 O 'Oti m J b c Cv .''.+ \\V O ~y A 'G \` O ) n C r G, j ~ V c Z r./. m C 3 i U i c Y ~ Q 3 ~ i ~ ~ ~U ti i " r H c 3-12 e ~~ ~ ~ 5 ~ .. } r =Fr.. - ' f t~ ¢ 4 ~~ k+ ~_ ~ ~ ~. ~ +f "``~ `~ ~ ~~ ~l~r,~G~ P~PERT~ WPk ~~~~T F~~ done change Appfi~~tio~ ~OI121~1 f 3 ~ 3f ~ tiigh(ad load West ~o~ena ikor~Ci Jadef tnvestrnents ltd, yep®rt No. C~I~tl11- g~ ~ Appendix "~" If you have any comments on the appEication and wish to use this sheet to write them down, please do so and send it to the undersigned. The questions below are provided for guidance only and separate letters are also welcomed. Please respond by March 1 ~ , 2011. What do you like or dislike about the zone change? Why? ~. 2. Qo you think there should be any changes to the proposed zone change? If so, what changes do you suggest? Why? Thank you for taking the time to fill out this form. To ensure that we .receive only one set of comments from each individual, staff can only consider comments if they include a name and address, Please note that all comments and addresses noted on this form may be used as part of a public sta#f report; however your name and any other personal identifying information will be kept confidential in accordance with Freedom of Information regulations. Dame signature Please return completed sheet to: Garen Stevenson, CS©-Planning ©ivision P.O. Box 11 i8, Kitchener, Ontario, N2G 4G7 Fax 519-74 i-2624 Email aarett.stevensonna kitchener.ca 3-13 ~iPa~P nrnviria anv acic~itiena[ comments on the proposed zone change below. ~. ~ ~. ~~ ~ ~< 4 `- Lid r ~~~ ~` ~~ t~ ~ ~U~ E , ~+t~ j°~ ~ G~ ~~'1Yt~C~1~ ~ ~.~... ~~Pi~T~ ~( ~MI~T F~R~ bane ~hartge Application 10112/f#/~ X13 ~ 319 l~ighiar~d dad West ~zer~a ikorki ~ Jad~f ls~vestrrter~ts Ltd. If you have any comments an the application and wish to use this sheet to write them dawn, please and send it to the undersigned. The questions below are provided far guidance only and separate are also welcomed. Please respond by March 11, 2pi 1. ~ UVhat do you Like ar dislike about the proposed zone change? Why? 2. Do you think there should you suggest? Why? ,~ to the,E~iroposed zone change? if so, what changes do ,~ 3. Please~rovide an~~dditianal comments on the proposed zone change below. Tha`rik y®u for taking the time to fi(1 out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments and addresses noted on this form may be used as part of a public staff port; however your name and any other personal identifying information will be kept ~-pnfiderl i ac~rdance with Freedom oaf Information regulations. _.---- Blame a Address t ~ ~ ~~ 1?.-~~-~~ Please retur~i completed shee`t' ~ f Garett Sfevenson, CSD -Planning Division P.O. Box 1118, Kitchener, Ontario, N2G 4G7 Fax 519-741-2624 Email aarett.stevensonlc~kitchener.ca 3-14 March ~, 201.1 Sir, ~Je are in receipt of your letter regarding the subject proposal inviting us to submit cornrnents on the "Property owner Comment F'orrn" provided. Please find our commentary within this letter itemized as per the form. 1 -What do we like or dislike_ab~ut the proa~osed zone change and why? From the beginning they have had 2 (two) signs, one of which is a portable and is often placed on the grass median bordering the street curb, on city property. The other sign is on their front lawn and oversized. Therefore, the applicant has not been compliant with signage by®laws since opening in 2009 as evidenced by the fact that they are only now applying for the zoning that would allow them to do what they have already been doing. Their parking. is inadequate to the point that cars are protruding beyond the driveway onto the sidewalk, causing pedestrians to have to detour around them. There have also been instances when due to lack of available space, we have witnessed people parking on our property and then walking over to their business. We are of the understanding that they are operating a home based business while maintaining a rental unit, another blatant disregard of by-laws. Home based business is intended for people living on the premises and conducting business from there. However the owner is not the current occupant. The applicant's business offers esthetics at this point in time and a zone change will enable them to add other personalized services including hairstyling within 100 meters of us and will therefore be in direct competition with us. Page 1 of 2 /Cont'd...... cont'd /page 2 of 2 3-15 Changes that exclude duplication of services of existing long established businesses within immediate proximity would be acceptable, There is talk that another hairstylist is currently considering renting a space within the business ih question and the saturation in this area is already quite high with 9 (nine) other similar businesses within a radius of 2 (two) city blocks. 3 ®Comments 1. There appears to be two sets of rules at work here. ~3Jhen we first purchased our property in 1999, it was originally a fully®rented out triplex. In order for us to operate a business, we had to comply with aseries of by-laws that required us to evict our tenants and cost us X1,000.00 in lost rental income per ynonth. They have a rental unit and a business operating without having had to comply as previously mentioned. ~. To erect signage, our business had to ensure that it was suitable in design, structural integrity and size. Unless there has been a change in by®laws since that tune, the applicant would be in violation under the current zoning for erecting signage without proper authorization and process. Shouldn't there be retroactive penalties for these infractions or will they be allowed to have conducted business without having to undergo the same requirements that we were obliged to pay for and lost income over? ~1e would be interested in attending any council meetings pertaining to this matter. please notify us by mail, email or phone at the coordinates indicated at the end of this letter. Thank you for your time, we look forward to hearing from you in the near future. Sincerely, You-Nique Hair Studio 149 Roxborough Avenue Kitchener, ORT N2M 1P8 3-16 PTY ®rIV~ C~MM6~T FARM one harie Appl6cati~r~ ~ai~ i~~s ~ ~ s r~~~~ ~ rest o~er~a Sikorki ~ad~f In~€estrr~ents ~,td. If you have any comments on the application and wish to use this sheet to write them down, please do so and send it to the undersigned. The questions below are provided for guidance only and separate letters are also welcomed. Please respond by March 11, 2011. hat do you like or dislike about the proposed zone change? VVhy? 2. 3 Do you think there should be any changes is the proposed zone change? !f so, what changes do you suggest? Why? Please provide any additional comments on the proposed zone change Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments and addresses noted on this form may be used as part of a public staff report; however your name and any other personal identifying information will be kept confidential in accordance with Freedom of Information regulations. dame ,~ Address ®?~~~ ~~~~ c~~E~~t~~~~~; ~~~ ` ~ N\ ~ ~ ~~-: Sigrgature Please return completed sheet to: Garen Stevenson, CSD -Planning Division P.O. Box i 118, Kitchener, Ontario, /V2G 4G 7 Fax 519-741-2624 Emai! aarett.stevensonna kitchener.ca 3-17