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HomeMy WebLinkAboutCSD-18-025 - Zone Change Application-ZC17-013-B-CD - 1531 & 1643 Bleams RoadREPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: March 5, 2018 SUBMITTED BY: Alain Pinard,Director of Planning,519-741-2200 ext. 7319 PREPARED BY: Craig Dumart,Junior Planner,519-741-2200 ext. 7073 WARD INVOLVED: Ward 5 DATE OF REPORT: January 30, 2018 REPORT NO.: CSD-18-025 SUBJECT: ZONE CHANGE APPLICATION ZC17/013/B/CD 1643 and 1531 Bleams Road Freedom in Christ Pentecostal Assembly and South Estates (Kitchener) Limited ___________________________________________________________________________ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 RECOMMENDATION: That application ZC17/013/B/CD (Freedom in Christ Pentecostal Assembly andSouth Estates (Kitchener) Limited.), for the purpose of changing the zoning of the subject properties as follows: 1643 Bleams Road: from Agriculture (A-1) to Neighbourhood Institutional Zone (I-1) with Special Regulation 715R, Open Space Zone (P-2), and Residential Six Zone (R-6) with Special Regulation Provisions 671R, 672R, and 674R, andNeighbourhood Institutional Zone (I-1) with Special Use Provision 464U and with Holding Provisions 81H and 24HSR 1531 Bleams road Block 296 on Draft Plan of Subdivision 30T-08206: from Residential Six Zone (R-6) with Special Regulations 671R, 672R, and674R to Neighbourhood Institutional Zone (I-1) on the parcelsof land specified and is No. 1,be approved-January 20,2018, attached to Report CSD-18-025 REPORT: Summary of Proposal The subject lands at 1643 and 1531 Bleams road (Block 296 on Draft Plan of Subdivision 30T- 08206), are located in the Southwest Urban Area of the City of Kitchener, on the south side of Bleams Road, west of the intersection of Fischer Hallman and Bleams Road. 1643 Bleams Road is currently developed with an existing Religious Institution building, asurface parking lot, a single detached dwelling, a storage shed and recreational sports fields. All the existing structures are located towards the front half of the subject property while the remaining property is open space. The subject lands on 1531 Bleams Road are located on Block 296 on Draft Plan of Subdivision 30T-08206. These lands have been included as part of the application as the two owners have arranged to exchange lands. The land swap will provide the Religious Institution additional land along the east property line and a future secondary road access on Forestwalk Street in Subdivision 30T-08206. The subdivision lands will be able to consolidate lots. The owner of the lands, Freedom in Christ Pentecostal Assembly, and South Estates (Kitchener) Limited,are proposing to amend the zoning of the subject lands to allow the existing Religious Institutional use to continue to operate and to allow for future residential development on a portion of the lands. The owners have proposed the following zoning for the subject lands: Proposed Zoning Summary: See the Area 1, the portion of subject lands with frontage along Bleams Road is proposed to be changed from Agricultural one (A-1) toNeighbourhood Institutional zone (I-1)with Special Regulation Provision 715Rand Holding Provision24HSR.This new zoning will allow for the existing Religious Institution to continue to operate as a Religious Institution and legalize the 0 metrefrontageof the existing single detached dwelling along Bleams Road.The new zoning will also allow for a future expansion of the Religious Institution subject to full municipal servicesbeing available. Area 2, the portion of the subject lands located directly below Area 1 is proposed to be changed from Agricultural one (A-1) toNeighbourhood Institutional zone (I-1)with Special Use Provision 464Uand Holding Provisions81H and 24HSR.This new zoning will allow for a full range of low density residential uses includingstreet townhouse, 1 - 2 dwellings, cluster townhouse dwellings and low-rise multiple dwellings. A noise study to the satisfaction of the Region of Waterloo and full municipal services and adequate road access is required prior to developing these lands. Area3, the portion of the subject lands located partially betweenArea 1 and Area 2 along the east portion of the landsis proposed to be changed from Agricultural one (A- 1)toResidential Six Zone (R-6),with Special Regulation Provisions671R, 672R, and 674R. This new zoning will permit multiple dwellings and street townhouse dwellings and will be part of a future land swap between the two property owners to allow future residential development on the adjacent lands. Area 4, the portion of the subject lands on 1531 Bleams road is located directly beside Area 1 and is proposed to be changed from Residential Six Zone (R-6) with Special Regulations 671R, 672R, and 674R to Neighbourhood Institutional zone (I-1). This land will be part of a future land swap between the two property owners and will be owned and used by the Religious Institution. Area 5, the triangle shape portion of the lands located below Area 2 is proposed to be changed from from Agricultural one (A-1) to Open Space Zone (P-2).This new zoning will permit outdoor reaction uses on the subject parcel. Policy Conformity Provincial Policy Statement The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. The proposed development is consistent with the PPS. 2017 Growth Plan for the Greater Golden Horseshoe The subject la 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. The proposal complies with the policies of the Growth Plan. Regional Official Plan The subject lands are within the Urban Designated Greenfield Areas as established in the Regional Official Plan. The proposal conforms to the policies of this plan. Through the review of the application, the Region of Waterloo has identified the need to complete an environmental noise study to address road traffic and stationary noise for this property. Regional staff supports the adoption of the zoning bylaw subject to use of a holding provision to secure the completion of such study addressing both road traffic and stationary noise, to the satisfaction of the Regional M City of Kitchener Official Plan Land use designation: Neighbourhood Institutional Plan, with the portion of hydro corridor designated as that are not identified as a potential school site will permit educational establishments, religious 1 - 3 institutions, community facilities, residential care facility, day care facility and Low Density - based uses as possible within a neighbourhood and new community, such as Rosenberg, it is recognized that the policies for non-school sites do allow residential uses. The subject lands are not identified as a school site and the proposed zoning will allow the property to align with its official plan designation. There are nearby school sites in the Rosenberg plan. As per Policy 13.10.4.10 of the Official Plan (1994 version as amended), adjustments to the plan such as the exchange of the 2 small areas on the east side of the subject site can be deemed minor by the Director of Planning and not require and Official Plan Amendment. Planning Analysis The subject lands are designated Neighbourhood Institutional in the Rosenberg Secondary Plan which permits Religious Institution uses and Residential Uses. The applicant is proposing to rezone the subject lands to Neighbourhood Institutional zone (I-1) with site specific regulations to allow multiple dwellings on a portion of the lands which will allow the property to align with its Official plan designation. In considering the foregoing, Staff is supportive of the proposed Zone Change. Staff is of the opinion that the proposed zoning will allow the property to align with the Official plan designation. Rezoning the subject lands will reflect the existing institutional use of the property and allow for the Religious Institution to expand in the future. Residential uses are appropriate on a portion of the parcel as there is a large institutional component maintained on the subject land. Furthermore, residential uses are compatible with the adjacent residential uses on the abutting subdivision lands. Staff is further of the opinion that the proposed zone change application will allow for the creation of a complete community where institutional, recreational, and residential uses are all envisioned. The proposed Zoning Bylaw Amendment is consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. The proposed plan and respects the vision for the Rosenberg Secondary Plan. Staff is satisfied with the technical review and has incorporated any requirements throughout the process. Staff is of the opinion that the proposed Zone Change represents good planning. In considering the foregoing, Staff is recommending the approval of the Zone Change application. See Appendix A. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. AGENCY COMMENTS: Commenting agencies and City departments have no concerns with the proposed Zone Change. The City of Kitchener Engineering Department supports this zone change with the inclusion of a holding provision. A holding provision for municipal servicing including: sanitary servicing, storm servicing and water servicing for the entire property , to the satisfaction of the 1 - 4 City of Kitchener along with a holding provision for a noise study to address both road traffic and stationary noise, to the satisfaction of the Regional Municipality of Waterloo has been added. Comments have been attached as COMMUNITY ENGAGEMENT: INFORM and CONSULT The Application was circulated to City departments, commenting agencies and property owners within 120 metres of the subject lands onSeptember 28, 2017 as per Planning Act requirements. A copy of all department/agency comments are attached as C to this report. Notice signs were placed on the subject lands advising of the zone change application. of the committee meeting. Staff received one written response from a nearby land owner ().The resident had concerns that more people living in the neighbourhood would create additional noise and would prefer to see a park or recreational space built over residential uses. Planning staff responded accordingly to the resident and explained the proposed concept and clarified that the future residential development would occur behind the existing Religious Institution building andthat the existing Religious congregation would continue to operate on the front portion of the lands fronting Bleams Road. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: Notice of the March 5, 2018 public meeting of the Planning & Strategic Initiatives Committee will be advertised in The Record on February 9, 2018. The newspaper notice is attached as Community Engagement section of this 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 changes demonstrates good planning principles, aligns with the Official Plan designation on the subject lands and is appropriate for the surrounding neighbourhood.Staff 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) Attachments Appendix A - Proposed Zoning By-law Appendix B - Newspaper Notice Appendix C - Department/Agency Comments Appendix D Adjacent Landowner Comment 1 - 5 Proposed Zoning By-law PROPOSED BY LAW January 20, 2018 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 -Freedom in Christ Pentecostal Assembly and South Estates (Kitchener) G.P. Inc. 1643 Bleams Road and 1531 Bleams Road) WHEREAS it is deemed expedient to amend Zoning By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1.Schedule Number 64 -law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, attached hereto, from Agricultural Zone (A-1)to Neighbourhood Institutional Zone (I-1) with Special Regulation Provision 715R and Holding Provision 24HSR. 2.-law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, attached hereto, from Agricultural Zone (A-1) to Neighbourhood Institutional Zone (I-1) with Special Use Provision 464U and Holding Provisions81H and 24HSR. 3.-law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, attached hereto, from Agricultural Zone(A-1) toResidential Six Zone (R-6) with Special RegulationProvisions 671R, 672R and 674R. 1 - 6 Proposed Zoning By-law 4.-law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, attached hereto, from Residential Six Zone (R-6) with Special Regulation Provisions 671R, 672R and 674R to Neighbourhood Institutional Zone (I-1). 5.-law 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area5on Map No. 1, attached hereto, from Agricultural Zone (A-1) to Open Space Zone (P-2). 6.Schedule Number 64 -law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No.1 attached hereto. 7.-law 85-1 is hereby amended by adding Section 464U thereto as follows: 464. Notwithstanding Section 31.1 of this By-law, within the lands shown on Schedule Number 64 uses shall also be permitted: i)Street Townhouse Dwelling shall be permitted in accordance with the regulations in Section 40.5. ii)multiple dwellings shall be permitted in accordance with the regulations in Section 40.6. 8.-law 85-1 is hereby amended by adding Section 715R thereto as follows: 715. Notwithstanding Section 31.3 of this By-law, within the lands shown regulations shall apply: i)the minimum front yard setback for existing single detached 1 - 7 Proposed Zoning By-law dwellings shall be 0 metres. 9.-law 85-1 is hereby amended by adding Section 81H thereto as follows: 81. Notwithstanding Section 31 of this By-law, within the lands zoned I-1 as shown as affected by this subsection on Schedule 64of , no residential use shall be permitted until such time as the City of Kitchener is in receipt of a letter from the Regional have been satisfied with respect to the submission of a detailed noise study, based on a proposed site plan, to assess impact of road traffic and stationary noise sources, and this Holding Provision has been removed by By-law. 10.-law 85-1 is hereby amended by adding Section 24HSR thereto as follows: 24. Notwithstanding Section 31 of this By-law, within the lands zoned I-1, shown as affected by this subsection on Schedule 64 of ,the holding provision represented by the letter symbols K (F) as established in Section 3.5.7 shall apply so that no building permits will be issued until such time as there is adequate services available to the lands PASSED at the Council Chambers in the City of Kitchener this day of , 2018. _____________________________ Mayor _____________________________ Clerk 1 - 8 4 4 3 - M 8 5 53 1 N 707 A 5 L 3 152 1P - T 71 G R R 8 E A 551 R P 72 4 50 4 3 - 73 M 49 8 5 N 74 A 48 L P G 47 75 E R BLOCK 153 46 6 2 6 1 2 BLOCK 1545 T T R 45 1 R - A A P P R 8 5 44 43 76 4 442 3 - M 77 8 41 5 N 78 A L 40 P G 79 81 82E 39 R 83 84 85 38 86 87 80 88 89 37 90 4 914 92 3 - 36 M 4 48 -3 M 5 8 5 N A L P N G 35 E R A L P 34 G E R R E G P L A 33 N 5 8 M - 3 4 4114 113 112 32 111 110115 109 116 108 117 107118 31 106 119 105 120 104 121 103122 102 123 101 30 124 100 125 99 126 127 128 129 4 4 3 - M 8 5 N A L P G E R 29 R E 28 G P L A N 5 8 M 3 - 3 4 2 4 8 27 4 4 3 1 26 - T T R 25 R R8 3 A 24 2A5 P 8P 4 23 1 12 -22 R T T 21 4 8 R2 R3 5 AA2 20 T 2 PP TR 2 1 19 RA 2 0 T P 18 A 2 TR P 17 9A R T 1P 2 A 16K R 8 C P T O A 1 7 L B 15 RP 1 6 T A 14 1T7 RP 5 2 RAT 41T 13 R PA 1AP R T 3P 127 A TR 9 1 1 - 2 P M RA 8 1 5 T 1 AP N A L 1RP T P 0 A G E 1TR R P 9A R T8 2 P T AR 8TRA P P 7RA T AP T 6 1 R P K C RA O T L P B A R P9 2 AT R A P P 7 9 1 - M 8 5 N A L7 0 9 3 P1 -T R GM E A 8 P R5 N A L P G E R 2 1 K C O BL 9 K C O 1 3 L B T R A P 2 3 T R 7 A P 9 1 - M 8 5 N A L P G 3 E 3 R T R A P 0 1 K C O 8 L BK C O L B 4 ART 34 P K C 7O 9 1 - 5 M 3 L 8 T 5 R N A P AB L P G E R 7 K C O L 6 B 3 T R A P 8 3 7 T 9 17 - 9 M1 R - 8 5M 8 A N 5 A N L P PA L GP E G RE R 5 1 K C O 1L B K C 7 9 1 -O 54 M 8 2 8 5 8 1 NL9 3 2 A 2 L1 - PR B 8 G5 TT E R 3 RR K C A O A L B P P 6 78 8 2 6 2 7 K 6 T 2 C- OM L T 3 R 8 B158 9 R N3 A A1 - 2L A PR P 8 G5 P E R K 2 L 1 9 3 1 - RB 8 5 , K 8 9 2 8 K 8 CL 2 O 2 L B A T T R R W A 0 1A 9P 9P 2 2 3 8 T 9 T 3 1 7- R 6 R 2R 9 -8 A M5 0 6 A 8 5 P 7 P N A T L P T G R E R R A A P P 1 7 T R A P 3 8 9 3 1 - R 8 5 7 6 2 -32 26 M T 8R 8 PA 5 2 N A L P T G E R R A 1 P26 T R PA 3 26 T 8 R PA 60 2 2 RT 1 A 9 P 3 K 1 - R 8 5 C 8 64 2 9RT O A P T9 25 L T RR PA A B 9P 9 T 5 26 0RT R 5PA 0 A 1958 P 2 RT A 1P 1T 0R T 1 A PR T A R66 2 RT 2 0 PA A 1 P 0 K P C 7 1 O 25 L T B R PA T R A P 67 26 T R 8PA 1 6 25 T R PA T R A P 8 26 T R PA 5 25 T 7 R PA 4 8 6 1 M 2 T - 69 R 2 RT A AP P4 M 25 T R PA 8 9 8 1 3 T R A P 85 9 2 70 2 3 RT A P N1 1 - 53 9 2 A RT A R P 0 3 8 19 L 29 T 1 T RR 5 AA 1 PP P 71 2- RT A P 2R 52 2 G RT A P 18 3 E 80 10 95 2 TT R RA A1P R P1 3 2 227 TT R RPA A P 1 - 51 2 RT A P R 1 20 2 8T 1 R 8 TA RP 2 A1 2 73 P 2 2 T 5 RT A RP A P 1 1 1 850 1 9 2 RT TA RP 1 A P 3 2 0 2 T R 0A 1 P 8 K 13-4 127 T 2T RTR PA AR PA P C R 9 24 T R 9PA 8 7 1 O T R3 0 5 A 2 PT L R A 4P 1 25 T27 B T RR APA P 2 48 8 2 7RT 1A P T 1 R4 A0 P 2 T 4 9 R A 4P 1 T R 3 56 127 A 7 2T PTR 3 PA R 1 A P 6 7 7 1 1-47 2 TRT A 2 RP A P5 -0 R 2 5 K T R 4A 1P 8 T R M 667 A C 7127 P1 2T 5 TR TRPA 8 A RP A P 6 O 6 424 1 5 T R TPA R A L 5 P7 16 0 T 2 N RT A B R PA 7P 8 427 17T A 1R T 2PA RT 4R A7A P1P L T45 2 RRT AA PP 8 4 P 1 T 7 0 R 2 A PT R A 8P G 319 227 7T 1TR 9RPA TA 4RP 1 E A TP44 R 2 RT AA PP R 8 0 2 0 52T 17R 1A T P T R9 AR1 PA 2 7 P T R A P 0 6 28 T 1R 5PA 1 2 134 T2 7TR R 1A A-P PT R A P 9 00 M 2 2 2 T TR RA 8 AP P 5 N A L P G E R 1 - 9 CSD-18-025 Appendix B Advertised in The Record February 9, 2018 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 1643 and 1531 Bleams Road The owners are proposing a Zoning By-law amendment to rezone the lands from Agriculture zone (A-1) to Neighbourhood Institutional zone (I-1), Residential Six zone (R-6) and Open Space zone (P-2) with site specific regulations. The proposed zoning will permit the existing Religious Institutional use to continue to operate and allow for future residential development and parkland on portions of the property now vacant. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, MARCH 5, 2018 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 opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public 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 staff report contained in the agenda (available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the meeting date th in the calendar, scroll down & select meeting), 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). Craig Dumart,JuniorPlanner -519-741-2200 ext.7073(TTY: 1-866-969-9994),craig.dumart@kitchener.ca 1 - 10 1 - 11 1 - 12 1 - 13 1 - 14 1 - 15 1 - 16 1 - 17 1 - 18 1 - 19 1 - 20 1 - 21