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HomeMy WebLinkAboutCSD-14-022 - Zone Change Application - ZC13-17-H-ATP REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: April 28, 2014 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Alexandra Pires, Planning Technician, 519-741-2200 ext. 7071 WARDINVOLVED: WARD9 DATE OF REPORT: March25, 2014 REPORT NO.: CSD-14-022 SUBJECT: ZONE CHANGE APPLICATION ZC13/17/H/ATP 245AND251HIGHLAND ROAD WEST TATIANA AND CALIN DUCA Location Map: 245and 251 Highland Road West RECOMMENDATION: That Zone Change Application ZC13/17/H/ATP (Tatiana and Calin Duca) at 245 and 251 Highland Road West requesting a change from Residential Five Zone (R-5)and Residential Five Zone (R-5) with Special Use Provision 326U to Residential Five Zone (R- 5) with amended Special Use Provision 326U on the parcelsof land specified and 2 - 1 sbe approvedin the form shown in the -March 31, 2014, attached to Report CSD-14-022 as Appendix BACKGROUND: The subject properties are located on the southeast corner of Highland Road West and Belmont Avenue West. The existing single detached residential dwelling located closest to the intersection on 251 Highland Road West, is entirely use. The property adjacent at 245 Highland Road West is developed with an existing single detached dwelling. The applicant is proposing to demolish the existing single detached dwelling at 245 Highland Road West with the intent to consolidate and comprehensively redevelop the property with 251 Highland Road West. The applicant has submitted a site plan application which proposes a two-storey addition to the existing building at 251 Highland Road West. This addition will beoccupied by an extension of residential dwelling unit on the second floor. The new addition will be located on 245 Highland Road West which currently only permits as a home business on a limited basis.The applicant at a larger scale than what is currently allowed under the home business regulations in the Zoning By-law. In order to facilitate the redevelopment, the applicant requires a zone change to permi on all of the subject lands. REPORT: Existing and Proposed Zoning The lands located at 251 Highland Road West are zoned Residential Five Zone (R-5) with Special Use Provision 326U which permits s but limits the use to the existing building with the intent of maintaining the residential character of the property at the edge of the residential neighbourhood; and legalises a reduced parking space setback from the Belmont Avenue West street line. The lands located at 245 Highland Road West are zoned Residential Five Zone (R-5) which ahome business which is limited to only 25 per cent of the gross floor area of the dwelling it is located in, as per Section 5.13 (Home Business) of the Zoning By-law.Iat a larger scale than a home business,staff is proposing to amend the existing Special Use Provision 326U so that it is applicable to all of the subject lands (both 251 and 245 Highland Road West). The amended Special Use Provision 326U will continue to maintain the residential character at the edge of the residential neighbourhood on the subject lands; and continue to legalise the existing reduced parking space setback from Belmont Avenue West. At the site plan approval stage, staff will ensure the building design and elevations of the new addition are consistent with the residential character of the existing dwelling at 251 Highland Road West and the immediate residential r future use of the subject still retain its residential zoning and the proposed building could be used for residential purposes. As such, staff is of the opinion that the application of the amended Special Use Provision 326U is more favourable than a change to a commercial or mixed zoning. Planning staff will continue to monitor development applications and proposals in this area to determine whether a comprehensive zone change of the subject and surrounding area should be considered in the future. 2 - 2 City of Kitchener Official Plan predominant land use is residential, the Low Rise Residential District 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. Convenience commercial uses such as personal services are permitted where they are considered compatible with low rise residential development and in appropriate locations. Staff is of the opinion that the subject property is . It is located at the edge of a Mixed Use Node at the intersection of two main streets and on a transit corridor that would typically accommodate uses that generate high levels of activity. It is also in close proximity to other commercial and residential uses that the large scale business may serve. In addition, the proposal will provide good land use transition in this location as the redevelopment proposes a convenience commercial use while maintaining the existing residential character at the edge of the residential neighbourhood. Through the site plan approval process, staff will ensure that the residential character is also reflected in building design and elevations of the new addition. As The 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 communities by accommodating an appropriate range and mix of residential, employment (including commercial uses), recreational and open spaces uses to meet long-term need of its residents. Planning staff is of the opinion that the proposed zone change will promote an efficient development, use and functionality of the subject lands. It will allow for better integration of a commercial use by ensuring the residential character of the property is maintained at the edge of the residential neighbourhood and parking requirements can be accommodated on site and will not impacts the surrounding properties.As such, Planning staff is of the opinion that the proposed zone change is consistent with the policies and intent of the PPS. Growth Plan for the Greater Golden Horseshoe Greater Golden Horseshoe. The Growth Plan promotes economic development and competitiveness by providing for an appropriate mix of employment uses including industrial, commercial and institutional uses to meet long-term needs of the community. Planning staff is of the opinion that the proposal complies with the policies of the Growth Plan. Regional Official Policies Plan The subject lands are designated as City Urban Area in the Regional Official Policies Plan. The Region of Waterloo advises that they do not have concerns with the proposed zone change. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The zone change will facilitate the comprehensive redevelopment of lands which aligns with the Kitchener Strategic Plan. The subject application will ensure the implementation of the community priority Development with comprehensive redevelopment that is consistent with Provincial, Regional and City planning policies. COMMUNITY ENGAGEMENT: The proposed Zone Change was circulated to City departments, commenting agencies and property owners within 120 metres of the subject land as per Planning Act requirements on 2 - 3 January 10, 2014 this report. Notice signs were placed on the subject land advising of the zone change application. Staff did not receive any concerns from the public circulation. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Notice of the April 28, 2014 public meeting of the Planning & Strategic Initiatives Committee will be advertised in The Record on April 4, 2014. The newspaper notice is attached as Appendix C This newspaper notice as well as the statutory circulation described under the Community Engagement sect 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 zone change is appropriate and required to implement the comprehensive redevelopment of the subject lands. The subject property is appropriate for the proposed use and redevelopment as it is located at the edge of a Mixed Use Node; at the intersection of two main streets and on a transit corridor that would typically accommodate uses that generate high levels of activity and in close proximity to other commercial and residential uses that the large scale business may serve. Staff have reviewed the proposed site plan for the redevelopment and ensure compatibility with the surrounding residential area will be maintained by providing sufficient parking on site and providing visual barriers between the proposed commercial and existing residential properties. The proposed zone change complies with the intent of the Official Plan and the proposed use and redevelopment would provide a good land use transition between commercial and residential areas. Based on the foregoing, the proposed zone change application is considered appropriate. Staff consider this an example of good planning principles and recommend that Zone Change application ZC13/17/H/ATP be approved. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments Appendix A Proposed Zoning By-law Appendix B Map No.1 Appendix C Newspaper Notice Appendix D Department/Agency Comments 2 - 4 Proposed Zoning By-law Appendix A PROPOSED BY LAW MARCH 31, 2014 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 Tatiana and Calin Duca 245 and 251 Highland Road West) 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 No.72 o-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as the Subject Area 1on Map No. 1, in the City of Kitchener, attached hereto, from Residential Five Zone (R-5) to Residential Five Zone (R-5) with Revised Special Use Provision 326U. 2. Schedule No. 72-law Number 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as the Subject Area 2on Map No. 1, in the City of Kitchener, attached hereto, from Residential Five Zone (R-5) with Special Use Provision 326U to Residential Five Zone (R-5) with Revised Special Use Provision 326U. 3. Schedule No. 72-law Number 85-1is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4.C-law 85-1 is hereby amended by amending Section 326 thereto as follows: 326U. Notwithstanding Section 39.1 of this By-law, within the lands zoned R-5 and being shown as affected by this subsection, on Schedule 72 a) Personal Services shall be permitted within the building existing on _______, being the date of passing of By-law Number ______, and within any additions to the existing building, all in accordance with the regulations set out in Section 39.2.1; and b) a parking space shall be permitted to be setback up to 2.0 metres from the Belmont Avenue street line. PASSED at the Council Chambers in the City of Kitchener this day of ,2014 _____________________________ Mayor _____________________________ Clerk 2 - 5 Map No. 1 AppendixB 2 - 6 Newspaper Notice Appendix C PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT 245 and 251 Highland Road West The City of Kitchener has received anapplication to change the zoning at 245 and 251 Highland Road West. The regulations in the Zoning By-law. In order to facilitate the redevelopment, the applicant requires a zone change to permit both of the subject lands. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, APRIL 28, 2014 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in If a person or public body does not make oral submissions at this public opposition to, the above noted proposal. meeting or make a written submission prior to approval/refusal of this proposal, the person or public body is not entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of an appeal unless there are reasonable grounds in the opinion of the Board. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting - click on the meeting date in th the Calendar of Events), 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). Alexandra Pires , Planning Technician (519)741-2200 ext. 7071 (TTY: 1-866-969-9994),alexandra.pires@kitchener.ca 2 - 7 Department/Agency Comments AppendixD 2 - 8 2 - 9 2 - 10 2 - 11 2 - 12