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HomeMy WebLinkAboutCSD-15-064 - Zone Change Application-ZC15-011-H-ATP - 215 Highland Road West REPORT TO: Planning and Strategic Initiative Committee DATE OF MEETING: August 10, 2015 SUBMITTED BY: Alain Pinard,Director of Planning,519-741-2200 ext. 7319 PREPARED BY: Alexandra Pires,Planner,519-741-2200 ext. 7071 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 7, 2015 REPORT NO.: CSD-15-064 SUBJECT: ZONE CHANGE APPLICATION ZC15/011/H/ATP 215 HIGHLAND ROAD WEST SHARON MANN _____________________________________________________________________________ RECOMMENDATION: That Zone Change application ZC15/011/H/ATP (Sharon Mann) for the purpose of changing the zoning of the subject property from Convenience Commercial Zone (C-1) and Convenience Commercial Zone (C-1) with Special Regulation Provision 40R and Special Use Provision 30U to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 449U-July 27, 2015, attached to Report CSD-15- Subject Property: 215 Highland Road West *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 3 - 1 REPORT: The subject property is municipally addressed as 215 Highland Road West and is currently developed with a commercial plaza building with surface parking. The subject property is zoned Convenience Commercial Zone (C-1)andConvenience Commercial Zone (C-1) with Special Regulation Provision 40R and Special Use Provision 30U -law.Special Regulation Provision 40R requires a visual barrier be provided along the lot line between the C- 1zone and any residential zone. Special Use Provision 30U permits a Health Clinic use and prohibits a Restaurant use in the C-1 zone. The applicant is proposing to change the current zoning to Neighbourhood Shopping Centre Zone (C-2) to allow for a broader range of uses which will allow greater flexibility in securing building tenants for the commercial plaza building. In addition, the applicant has requested Special Use Provision 449U to prohibit Carwash and Gas Station as permitted uses. Staff deems it appropriate to remove the current Special Regulation Provision 40R as the proposed C-2 zone already has a regulation for the provision of a visual barrier.Staff also deems it appropriate to remove Special Use Provision 30U as these uses are permitted in the proposed zoning category. The Provincial Policy Statement (PPS) The Provincial Policy Statement sets the policy foundation for regulating the development and use of land. With respect to achieving healthy, liveable and safe communities, the Provincial Policy Statement promotes efficient development and land use patterns, accommodates an appropriate range and mix of residential, employment (including commercial uses), recreational and open space uses to meet long-terms needs, and avoids development and land use patterns which may cause environmental or public health and safety concerns. Planning staff is of the opinion that the proposed zone change will allow the subject site to accommodate additional compatible employment opportunities to meet long-term needs of the surrounding community. As such, Planning staff is of opinion that the proposed zone change is consistent with the policies and intent of the PPS. Growth Plan for the Greater Golden Horseshoe The subject property is r the 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. Current City of Kitchener Official Plan current Official Plan. Neighbourhood Mixed Use Centres are intended to provide for a mix of appropriately scaled multiple residential, commercial and institutional uses and meet the day to day convenience or service-oriented needs of the surrounding residential areas. Accordingly the designation permits a broad range of commercial uses including office, health facilities, personal services, and small retail uses. Individual retail commercial outlets shall only be permitted to have a maximum gross floor area of 3,500 square metres. proposed zone change will allow a broader range of commercial uses that are supported by the policies in the Official Plan and that these additional commercial uses will better serve the surrounding residential community. New City of Kitchener Official Plan Kitchener City Council adopted a new Official Plan on June 30, 2014 which was approved by the Region of Waterloo on November 19, 2014 and is now under appeal. 3 - 2 compatible mix and range of commercial, retail, institutional and residential uses. An objective of this land use designation is to retain and support a viable retail and commercial presence. Permitted non-residential uses within the Mixed Use land use designation may include the following compatible commercial uses: b) entertainment, restaurants, financial establishments; c) personal services; d) office; e) health-related uses such as health offices and health clinics and institutional uses such as daycare facilities, religious institutions, and educational establishments; f) social service establishment; and, g) studio and artisan-related uses. Further, the new Official Plan stipulates that individual properties within the Mixed Use land use designation may be zoned to discourage uses that would negatively affect the planned function of a location such as predominately auto-exclusive uses. Planning staff is of the opinion that the requested application conforms to the intent of the current and new Official Plan as the proposed C-2 Zone will allow for additional compatible commercial uses and the proposed Special Use Provision 449U will prohibit predominately auto-exclusive uses such as carwash and gas station. New City of Kitchener Zoning By-law The City is currently undertaking a comprehensive review of the Zoning By-law to update the various sections and to implement the new Official Plan. As part of this review the existing zoning of this site will change to implement the mixed use designation. The first draft of the Mixed Use Zoning and the Mixed Use Zone that would be applied to the property was tabled for public review in March of 2015 and at the Statutory Open House in May 2015. The proposed -ould be potential for special provisions. It is important to note that as part of this review, there could be additional changes to the permitted uses and regulations from what is currently permitted in the C-2 zone. 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 encourage a wider range of commercial tenants to the property which aligns with the Kitchener Strategic Plan. The subject application will ensure the implementation of the community priority Development with respect to adding new employment opportunities in our community. COMMUNITY ENGAGEMENT: INFORM and CONSULT The Zone Change Application was circulated to City departments, commenting agencies and property owners within 120 metres of the subject land on May 8, 2015as per Planning Act requirements. A copy of all department/agency comments are D 3 - 3 the zone change application. advance of the committee meeting. Staff received one written response from an adjacent resident ().The resident provided feedback on the setback of the existing building, property elevations, noise created by existing HVAC units on the commercial building, site operation and privacy issues during HVAC unit maintenance. Since these issues already exist andare not directly related to this zone change application, Planning staff forwarded the comments to the applicant so that they could work with the resident to rectify the issues if possible. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Notice of the August 10, 2015 public meeting of the Planning & Strategic Initiatives Committee will be advertised in The Record on July 17, 2015. The newspaper notice is attached as escribed under the the 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 of the property to C-2 with Special Use Provision 449U will benefit the subject property and surrounding community. The proposed C-2 zone will allow for a broader range of uses which will allow greater flexibility in securing building tenants for the commercial plaza building andprovide more commercial and service options to the surrounding neighbourhood additional commercial uses will be compatible with the surrounding commercial and residential properties. The proposed zone change is consistent with the Provincial Policy Statement as it allows the subject site to accommodate additional compatible employment opportunities to meet long-term needs of the surrounding community. The proposed zone change also maintains the intent of the current and new City Official Plan as the proposed C-2 Zone will allow for additional compatible commercial uses and the proposed Special Use Provision 449U will prohibit non- compatible predominately auto-exclusive uses such as carwash and gas station. Staff also notes that there were no concerns identified as a result of the circulation of this application. Planning staff is of the opinion that the proposed zone change demonstrates good planning principles and therefore recommends approval of the zone change as outlined in the Recommendation section of this report. 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 Advertisement Appendix D - Department/Agency Comments Appendix E Adjacent resident comment 3 - 4 CSD-15-064 Appendix A PROPOSED BY LAW July 6, 2015 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 Sharon Mann 215 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-law Number 85-1is 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 Convenience Commercial Zone (C-1) with Special Regulation Provision 40R and Special Use Provision 30U to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 449U. 2. Schedule No. 72-law Number 85-1is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3.CBy-law 85-1 is hereby amended by adding Section 449as follows: 449. Notwithstanding Section 8 of this By-law, within the lands zoned Neighbourhood Shopping Centre Zone (C-2),shown as affected by this subsection, on Schedule 72 PASSED at the Council Chambers in the City of Kitchener this ______day of ___________,2015 ______________________________ Mayor _____________________________ Clerk 3 - 5 3 - 6 CSD-15-064 Appendix C Advertised in The Record July 17, 2015 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED AMDNEMDNT TO THE KITCHENER ZONING BY-LAW UNDER THE SECTION 34 OF THE PLANNING ACT 215 Highland Road West The City of Kitchener has received an application for a Zone Change Application tochange the zoning from Convenience Commercial Zone (C-1) and Convenience Commercial Zone (C-1) with Special Regulation Provision 40R and Special Use Provision 30U to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 449U to allow for a broader range of uses to provide more commercial and service options to the surrounding neighbourhood. Carwash and gas station uses shall not be permitted on the subject property through this application. Planning & Strategic Initiatives Committee The public meeting will be held by the , a Committee of Council which deals with planning matters on: MONDAY, August 10 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, 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 (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events 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). Alexandra Pires, Planner -519-741-2200 x 7071(TTY: 1-866-969-9994) Alexandra.pires@kitchener.ca 3 - 7 3 - 8 3 - 9 3 - 10 3 - 11 3 - 12 13- 3 3 - 13