HomeMy WebLinkAboutDSD-18-126 - Zoning By-law Amendment - ZC18-002-H-CD - 307 Highland Road WestREPORT TO:Planning and Strategic Initiatives Committee
DATE OF MEETING: December 10, 2018
SUBMITTED BY:Alain Pinard,Director of Planning,519-741-2200 ext. 7319
PREPARED BY:Craig Dumart,Junior Planner,519-741-2200 ext. 7073
WARDINVOLVED:Ward 9
DATE OF REPORT:October 30, 2018
REPORT NO.: DSD-18-126
SUBJECT:ZONING BY-LAW AMENDMENT APPLICATION
ZC18/002/H/CD
307 Highland Road West
Alireza Torabi
_________________________________________________________________________
Location Map: 307 Highland Road west
RECOMMENDATION:
A.That Zoning By-law Amendmentapplication ZC18/002/H/CDfor Alireza Torab
requesting a change from Residential Five Zone (R-5) to Residential Five Zone (R-5)
with Special Use Provision 471U on the parcel of land specified and illustrated on
Map No. 1, be approved in the form shown in the “Proposed By-law” dated November
2, 2018,attached to Report DSD-18-126 as Appendix A; And
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B. That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for
minor variances shall be permitted for lands subject to Zoning By-law Amendment
Application ZC18/002/H/CD.
REPORT:
Summary of Proposal
The subject lands are located at 307 Highland Road West between the intersections of
Lawrence Avenue and Highland Road West and Roxborough Avenue and Highland Road West.
The surrounding neighbourhood consistsof single detached dwellingslocated behind the
subject lands on Marlborough Avenue, a large commercial shopping centre located directly
across the street, and a mix of personal service businesses and single detached dwellings with
small home businesses converted from single detacheddwellings on Highland Road West. 307
Highland Road West is currentlydeveloped with aone storeysingle detached dwelling. The
owner is proposing to rezone the lands from Residential Five Zone (R-5) to Residential Five
Zone (R-5) with Special Use Provision 471U to allow Personal Services, Health Office, and
Health Clinic as permitted uses. The proposed zoning will allow the existing single detached
dwelling to be converted into a beauty salon (personal service) onthe entire firstfloor of the
existing building anda residential unit located in the basement.
Policy Conformity
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. Specifically, the followingpolicies provide directionto support the Zoning By-law
Amendment.
Policy 1.1.1: Healthy, livable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-being
of the Province and municipalities over the long term;
b) accommodating an appropriate range and mix of residential (including second units,
affordable housing and housing for older persons), employment (including industrial and
commercial), institutional (including places of worship, cemeteries and long-term care homes),
recreation, park and open space, and other uses to meet long term needs;
Policy 1.7.1: “Long-term economic prosperity should be supported by:
a) promoting opportunities for economic development and community investment readiness;”
Planning staff is of the opinion that the existing use and the use requested by the Zoning By-law
Amendmentareconsistent with the Provincial Policy Statement.
2017 Growth Plan for the Greater Golden Horseshoe
The subject lands are within the ‘built boundary’ as defined by the 2006 Growth Plan for 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 existing use and proposed use conforms tothe Growth Plan.
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Regional Official Plan
The subject lands are designated as ‘Built UpArea’ in the Regional Official Plan(ROP). The
Region of Waterloo advises that they do not have concerns with the proposed Zoning By-law
Amendment.The existing use and the proposed use conforms to the ROP.
City of Kitchener Official Plan
Urban Structure
The subject lands are located within an ‘Urban Corridor’, the planned function of which is to
provide for a range of commercial uses and intensification opportunities that are transit-
supportive (policy 3.C.2.38 – in effect). These areas are to be destinations for the surrounding
neighbourhoods, have strong pedestrian linkages and be integrated with neighbourhood
residential uses.
Official Plan
The subject property is designated ‘Mixed Use’ on the land use map in the 2014 Official Plan.
However,the Mixed Use land use policiesassociated with the designation are under appeal.
Therefore, the previous1994 Official Plan designation of the subjectlands, Low Rise
Residential, willapply. 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 designationpermits small scale commercial uses suchas
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.
The existing use and the proposed Zoning By-law Amendmentwillcomply with the Official Plan.
Planning Analysis
The subject property is designated Low Rise Residential in the 1994 Official Plan.The applicant
is proposing to rezone the subject lands from Residential Five Zone (R-5) to Residential Five
(R-5) with Special Use Provision 471U to allow Personal Services, Health Office, and Health
Clinicas permitted uses.The proposed zoning will allow the existing single detached dwelling to
be converted into a beauty salon (personal service) and occupy the entire first floor of the
existing building with a residential unit located in the basement. The proposed zoning will allow
for an appropriate mix of commercial and residential uses along a Highland Road West (a
Primary Arterial Road)which is transitioning into a mixed use corridor. The proposed use is at a
scale that is compatible with the existing neighbourhood. Furthermore, the proposed zoning will
allow the property to align with its 1994 Official Plan designationand 2014 Official Plan
designation which is adopted and under appeal.
In considering the foregoing, Staff is supportive of the proposed Zoning By-law amendment.
Rezoning the subject lands will reflect the general character of the neighbourhood and provides
a transitional use for the residential uses located behind the subject property.
The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement,
Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. The proposed
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application conforms to the policies of the City’s Official plan.Staff is of the opinion that the
proposed Zoning Bylaw Amendment represents good planning.
In considering the foregoing, Staff is recommendingthe approval of the Zoning By-law
Amendmentapplication.See Appendix “A”.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision
through the delivery of core service.
AGENCY COMMENTS:
Commenting agencies and City departments have noconcerns with the proposed Zoning By-
law amendment.
COMMUNITY ENGAGEMENT:
INFORM and CONSULT – The Application was circulated to City departments, commenting
agencies and property owners within 120 metres of the subject landson May 17, 2018as per
Planning Act requirements. A copy of all department/agency comments are attached as
Appendix ‘C’ to this report. Notice signs were placed on the subject landsadvising of the Zoning
By-law Amendmentapplication.This report will be posted to the City’s website with the agenda
in advance of the committee meeting.
Written responses from property owners and interested parties are attached as Appendix “D”
Planning staff responded accordingly to all parties that provided comments.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the December 10, 2018public meeting of the Planning & Strategic Initiatives
Committee will be advertised in The Record onNovember 16, 2018. The newspaper notice is
attached as Appendix “B”. This newspaper notice as well as the statutory circulation described
under the Community Engagement section of this report, fall under the “Inform” and “Consult”
themes of 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 Zoning By-law amendmentdemonstrates good
planning principles, and is consistent with the Official Plan designation on the subject lands and
is appropriate for the surrounding neighbourhood.Staff therefore recommends approval of the
Zoning By-law amendmentas outlined in the Recommendation section of this report.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
Attachments
Appendix A - Proposed Zoning By-law
Appendix B - Newspaper Notice
Appendix C - Department/Agency Comments
Appendix D – Adjacent Landowner Comment
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DSD-18-126 - Appendix A
PROPOSED BY – LAW
November 2, 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
-Alireza Torabi - 307 Highland Road West)
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 71of Appendix “A” to By-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 Residential FiveZone (R-5) to
Residential FiveZone (R-5) with Special Use Provision 471U.
2.Schedule No. 71 of Appendix “A” to By-law Number 85-1 is hereby further
amended by incorporating additional zone boundariesas shown on Map No. 1
attached hereto.
3.Appendix “C” to By-law 85-1 is hereby amended by adding Section 471U thereto
as follows:
“471.Notwithstanding Section 39.1 of this By-law, within the landszoned
R-5on Schedule 71of Appendix “A”, Personal Services, Health
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DSD-18-126 - Appendix A
Office, and Health Clinic shall be permitted in accordance with
Section 39.2.4.”
PASSED at the Council Chambers in the City of Kitchener this day of
, 2018.
_____________________________
Mayor
_____________________________
Clerk
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DSD-18-126 - Appendix A
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DSD-18-126 - Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTION 34 OF THE PLANNING ACT
307 Highland Road West
The owner isproposing a Zoning By-law amendment to rezone the lands from Residential Five Zone (R-5) to Residential
Five Zone (R-5)with Special Use Provision 471U.The proposed zoningwill permit additional uses including personal
service, health office and health clinic.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, DECEMBER 10, 2018at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 would otherwise have an ability to appeal the decision of the
City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
thisproposal,the person or publicbody is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the report contained in the
- click on the date in the Calendar of Events and
meeting agenda (posted 10 days before the meeting at www.kitchener.ca
th
select the appropriate committee), or in person at the Planning Division, 6Floor, 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 x 7073 (TTY: 1-866-969-9994);craig.dumart@kitchener.ca
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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