HomeMy WebLinkAboutCSD-16-003 - Zone Change Application - ZC15-013-N-BB - 547 New Dundee Road - Dementia Care Inc
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: February 8, 2016
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Brian Bateman, Senior Planner, 519-741-2200 ext.7869
WARD INVOLVED: Ward 4
DATE OF REPORT: January 3, 2016
REPORT NO.: CSD-16-003
SUBJECT: ZONE CHANGE APPLICATION ZC15/013/N/BB
547 NEW DUNDEE ROAD
DEMENTIA CARE INC.
___________________________________________________________________
RECOMMENDATION: That Zone Change Application ZC15/013/N/BB (547 New
Dundee Road; Dementia Care Inc.) for the purpose of changing the zoning from
Agricultural One (A-1) to Arterial Commercial Zone (C-6) with Special Use
Provision 453U and Schedules 38 and 39 and Hazard Land Zone (P-3) with Special
Use Provision 454U on the land specified on the attached Map No. 1, 2 and 3 in
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-January 8, 2016 attached to
Report CSD-16-003 as ,be approved AND further that;
Appendix A
Subdivision Application Number 30T-87036 (Tuerr Holdings Inc.) affecting the
subject lands, be closed.
BACKGROUND:
Dementia Care Inc. is proposing to construct a residential care facility and has
requested a zone change to permit this use.
The subject property is located at the southeast corner of New Dundee Road and
Reichert Drive in the Doon South community. The property measures 12.32 hectares in
size with 230 metres of road frontage onto New Dundee Road and 650 metres of
frontage onto Reichert Drive. While the majority of the site is covered by a wetland
habitat associated with the Roseville Swamp environmental feature,there is
approximately 1.86 hectares of land situated adjacent to New Dundee Road under
agricultural production. There is also an existing vacant single detached dwelling and
barn on the property.
This property is currently subject to an old subdivision application file number 30T-
87036 for aresidential development. It was submitted by the previous landowner in
1987 and remains an active subdivision file. This old subdivision application will be
closed accordingly.
REPORT:
Planning Comments:
Existing Zone
The subject lands are zoned Agricultural One (A-1) in By-law 85-1. Permitted uses of
this zone include limited agriculturally related activities, home business, single detached
dwelling, sale and repair of major farm equipment and a veterinary.
Proposed Zone Change & Development Proposal
The applicant is proposing to rezone 547 New Dundee Road to Arterial Commercial
Zone (C-6) with Special Use Provision 453U and Property Details 38 and 39. Special
Use Provision 453U would allow for alimited number arterial commercial uses as well
as to permit a residential care facility with a reduced front yard setback (see Property
Detail 39) on the developable portion of the subject lands more clearly defined through
Property Detail 38. The balance of the lands are considered undevelopable due to
environmental constraints and are proposed to be zoned Hazard Lands (P-3) with
Special Use Provision 454U. The P-3 zone applies to environmentally sensitive areas
comprising the majority of the subject lands with the special use recognizing the existing
residential dwelling and accessory structure. Map 1 shows the proposed dual zoning of
the property.
.
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The C-6 with 453U zoning is required to implement the proposed development of a
residential care facility. The development proposal consists of three separate
buildings, parking and amenity areas to treat approximately 48 full-time and 25 day
patients with dementia and/or . There will be two full-time care facility
buildings and one daytime care facility building. A concurrent site plan application has
been submitted for approval. The site plan has been approved in principle pending
the outcome of the zoning by-law amendment.
Official Plan Conformity
The subject property is split designated Arterial Commercialand Open Space in the
Doon South, which allows
for the use of a residential care facility in addition to arterial commercial uses. The
adopted Official Plan also splits the designation of the property as Arterial Commercial
(Urban Structure)/Commercial (Land Use) and Green Area (Urban Structure)/Natural
Heritage Conservation (Land Use).
In order to determine the line or limit of development separating the two land use
designations, an Environmental Impact Statement was prepared in accordance with
Official Plan policies. This report has been reviewed by staff and agencies and it has
been deemed acceptable. The limit of development corresponds with the zoning line
separating the proposed C-6 zone from the P-3 zone illustrated on Map 1 attached to
this report. Planning staff is therefore of the opinion that the requested zone change
implements the Official Plan and conforms to the Provincial Policy Statement and
the Region Official Plan.
Other Department and Agency Comments:
City and Agency staff has reviewed the plans and supporting documentation circulated
with the application. Staff is satisfied with the supporting documentation to support the
change in land use. All other technical matters related to the development will be
implemented through conditions of approval in a Site Plan Agreement.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this recommendation.
COMMUNITY ENGAGEMENT:
INFORM & CONSULT - The proposed zone change application was originally circulated
to property owners within 120 metres of the subject lands in May/June 2015. In
response, staff received one (1) email response which outlined support of the proposed
residential care facility but raised concern over allowing some C-6 commercial uses that
may be considered inappropriate at this location due to environmental
constraints/contamination concerns and site constraints. To address this concern, staff
.
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has eliminated a total of eleven (11) uses normally associated with the C-6 zone list of
permitted uses from the proposed by-law in Appendix A.
Zone change notice signs were posted on the property. Notice of the public meeting
will be printed in The Record on January 15, 2016 and a copy of the Notice is attached
as Appendix B.
advance of the Council/Committee meeting.
CONCLUSION:
Staff is of the opinion that the proposed zone change is in the public interest and
therefore recommends the approval of this zone change application for the following
reasons. First, there is land use policy support to allow for a residential care facility at
this location through the Official Plan designation affecting the subject lands. Second,
the applicant has demonstrated through the submission of supporting documentation,
that a residential care facility can function adequately given the size of land available for
development yet be sensitive to and mitigate impacts associated with development on
the adjacent environmental feature.Third, a facility that specializes in the care of
patients will be a benefit to the community at large.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY:
Mark Hildebrand,Acting Deputy CAO (Community Services)
Attachments
Appendix A Proposed Zoning By-law including Map No.1, 2 and 3
Appendix B Department/Agency Comments
Appendix C Community Comments
Appendix D Newspaper Notice
.
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CSD-16-003 Appendix A
PR O P O S E D B Y L A W
January 8, 2016
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
- Dementia Care Inc. 547 New Dundee Road)
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 Numbers 249, 250, 252 and 253 of Appendix "A" to By-law Number
85-1are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Subject Area 1on Map No. 1, in the City of Kitchener,
attached hereto, from Agricultural Zone (A-1) to Arterial Commercial Zone (C-6)
with Special Use Provision 453U and Property Details 38 and 39.
2. Schedule Numbers 250,252 and 253 of Appendix "A" to By-law Number 85-1
are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Subject Area 2on Map No. 1, in the City of Kitchener,
attached hereto, from Agricultural Zone (A-1) to Hazard Land Zone (P-3) with
Special Use Provision 454U and Property Detail 38.
3. Schedule Numbers 249, 250, 252 and 253 -law Number 85-
1 is hereby further amended by incorporating additional zone boundaries as
shown on Map No. 1 attached hereto.
4.-law 85-1 is hereby amended by adding Property Detail
Schedule 38, which is attached hereto as Map No. 2.
5.-law 85-1 is hereby amended by adding Property Detail
Schedule 39, which is attached hereto as Map No. 3.
6.-law 85-1 is hereby amended by adding Section 453 thereto as
follows:
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CSD-16-003 Appendix A
453. Notwithstanding Section 12.1 of this By-law, within the lands zoned C-6
with Property Details 38 and 39 as shown as affected by this subsection
on Schedules 249, 250, 252 and 253
this regulation, the following shall apply:
a) a Residential Care Facility shall be permitted in accordance with
Sections 6.1 and 32.3.5 of the Zoning By-law.
b) notwithstanding Section 32.3.5, a building may be permitted with
a front yard setback of 1.7 metres from the proposed roundabout
street line at New Dundee Road and Robert Ferrie Drive.
c) notwithstanding Section 12.1 of the Zoning By-law, Beverage and
Beverage-making Equipment Sales; Building Materials and
Decorating Supply Sales; Gas Station; Carwash; Sale or Rental of
Furniture and Electric or Electronic Appliances or Electric or
Electronic Equipment; Sale, Rental, Service, Storage or Repair of
Major Recreational Equipment and Parts and Accessories for
Major Recreational Equipment; Sale, Rental, Storage or Service of
Tools and Industrial or Farm Equipment; Tradesman or
Contractors Establishment; Transportation Depot; Warehouse
and Wholesaling shall not be permitted.
7.C-law 85-1 is hereby amended by adding Section 454 thereto as
follows:
54. Notwithstanding Section 29.2 of this By-law, within the lands zoned P-3
as shown as affected by this subsection on Schedules 250 and 252 of
Appendix the existing residential structure and accessory building
that have lawfully existed in their current location only shall be permitted.
PASSED at the Council Chambers in the City of Kitchener this day of
2016.
_____________________________
Mayor
_____________________________
Clerk
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SCHEDULE 253SCHEDULE 252
SCHEDULE 249SCHEDULE 250
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MAP NO. 2
SCHEDULE No. 38
The zone boundary limits identified by 38 can be more
particularly identified in theEnvironmental Impact Study,
Natural Resource Solutions Inc. (NRSI), (August,2015)
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Date: January7, 2016
MAP NO. 3
SCHEDULE No. 39
NEW PROPERTY LINE
1.7 M SETBACK
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DETAIL from SCHEDULE NOS. 249, 250, 252 & 253 of APPENDIX 'A'
´
1:1,500
METRIC SCALE
Showing SURVEY BEASLEYS NEW PT LOT 1
0510152025
Date: January 7, 2015
Metres
Report No. CSD-16-003
Appendix "B"
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Report CSD-16-003
Appendix "C"
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CSD -16-003 Appendix D
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED ZONING BY-LAW AMENDMENT
UNDER SECTION 34 OF THE PLANNING ACT
547 New Dundee Road
The subject property is currently zoned Agricultural Zone (A-1).-
law from Agricultural One (A-1) to a split zone of Arterial Comm
Provisions 453U and 454U. The 453U would permit a residential c
commercial uses and 454U would recognize the existing dwelling a
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, FEBRUARY 8 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
opposition to, the above noted proposal(s). If a person or public body does not make oral submissions at thi
meeting or make a written submission prior to approval/refusal o
entitled to appeal the decision to the Ontario Municipal Board,
appeal unless there are reasonable grounds in the opinion of the
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewin
agenda (posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select
the appropriate committee), or in person at the Planning Divisio
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Brian Bateman - 519-741-2200 ext. 7869 (TTY: 1-866-969-9994), brian.bateman@kitchener.ca
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