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Home My WebLink AboutDTS-06-040 - Zone Change App ZC 06/02/L/AP, 232 Lawrence Ave1 Kd LR Development& Technical Services 6 REPORT Report To: Development and Technical Services Committee Date of Meeting: March 27, 2006 Submitted By: Jeff Willmer, Director of Planning (741 -2325) Prepared By: Andrew Pinnell, Planner (741 -2765) Ward(s) Involved: West — Victoria Park (6) Date of Report: March 1, 2006 Report No.: DTS -06 -040 Subject: ZONE CHANGE APPLICATION ZC 06 /02 /L /AP 232 Lawrence Avenue 1248975 Ontario Inc. RECOMMENDATION: That Zone Change Application ZC06 /02 /L/AP, 1248975 Ontario Inc., to change the zoning on the subject lands at 232 Lawrence Avenue from Existing Use Zone (E -1) with Special Use Provision 261 U to Existing Use Zone (E -1) with revised Special Use Provision 261 U, on lands legally described as Lot 65, Plan 786 in the City of Kitchener, be approved in the form shown in the attached "Proposed By -law ", dated February 24, 2006, without conditions. BACKGROUND: This Zone Change Application pertains to the property municipally known as 232 Lawrence Avenue, located on the east side of Lawrence Avenue, between Victoria Street South and Highland Road West, within the flood plain of the Henry Sturm Greenway (a tributary of Schneider Creek). A portion of the rear of the property abuts Montrose Avenue. The lands currently contain a building being used as a Health Office. The subject property is designated Open Space in the City of Kitchener Municipal Plan and is currently zoned Existing Use (E -1) with Special Use Provision 261U. This Special Use Provision has the effect of deleting the permitted uses of the E -1 Zone and substituting Health Office in their place, rendering Health Office the only permitted use on the property. Zoning By- law 85 -1 defines a Health Office as a building or part thereof in which a maximum of two health professionals provide consultative, diagnostic and treatment services. The purpose of the subject application is to change the zoning to Existing Use Zone (E -1) with a Special Use Provision which would have the effect of permitting a Health Clinic or Health Office as the only permitted uses on the subject property. The Health Clinic use permits three or more health professionals to practice. In this case, the applicant is proposing to renovate the existing building in order to allow three health professionals to practice. No new development is proposed. REPORT: 1. Planning Comments Municipal Plan The subject lands are designated as Open Space in the Municipal Plan. Zone Change Report BPS 98/117 identified the designation of the lands as General Industrial, however the Plan states that "all lands where development exists in the floodway portion of the flood plain at the time of adoption of this Plan shall be designated Open Space and zoned to recognize the existing use." The Grand River Conservation Authority has identified that the lands are located entirely within the floodway portion of the floodplain and, therefore, the lands are appropriately designated Open Space. Part 2, Section 7.4.4.5 and Part 3, Section 6.1.5 of the Municipal Plan state that zone changes may be permitted on lands zoned to permit legally existing uses, provided that the subsequent alternative use is deemed appropriate. Planning staff are satisfied that the proposed zone change complies with the Municipal Plan. r61 Existing Use Zoning The Existing Use Zone (E -1) was developed in recognition of the number of uses already existing within the floodway portion of the flood plain, being the hazardous portion of the flood plain where flood depths and /or velocities are considered to be such that they pose a significant threat to life and /or property. Rather than allowing the development within the flood plain of the Henry Sturm Greenway to become legally non - conforming after it was designated as being within the flood plain, it was decided that a new zone was to be developed to recognize and permit expansions to existing uses. While this approach dealt effectively with existing uses, once these uses ceased to exist or owners sought to change the use, a full zone change was required to allow the new use to be established. This process was considered to be burdensome and in an effort to address this issue, City Council passed a resolution (1 -1170) to allow one zone change, free of charge, for each property affected and authorized that the neighbourhood circulation process be eliminated and the agency circulation reduced /limited unless further discussion was necessary. Furthermore, processing of these applications was to be "fast tracked ". Zone change application ZC98/1 1/L/ZJ sought to change the use of the property from its then current legal manufacturing and retail use to a Health Office. The present owner is now applying to also allow Health Clinic as a permitted use. Grand River Conservation Authority Approval by the Grand River Conservation Authority (GRCA) is a major consideration for changes of use within the Existing Use Zone. The GRCA commented on the subject application and advised that because the property is already developed and the proposed use is similar to the existing use of the property, they have no objection to the zone change. Neighbourhood Character The proposal is consistent with the character of the surrounding neighbourhood. The surrounding neighbourhood contains a wide variety of uses including residential, industrial and commercial. The property abuts a single detached residential area along Montrose Avenue and Metzloff Drive to the north and east. Lands to the south contain vacant open space, the Henry Sturm Greenway /Filsinger Park and community trail, and two commercial plazas. Lawrence Avenue to the north contains a mixture of uses including a residential townhouse complex, several single detached dwellings, numerous small businesses and offices, and light manufacturing facilities. A single detached dwelling is located directly across Lawrence Avenue. In addition, two multiple residential projects are being developed opposite the subject lands. Planning staff are satisfied that the proposed zone change is compatible with the surrounding neighbourhood. Density and Potential Future Development The applicant is proposing that the subject property be rezoned in order allow three health professionals to practice, whereas under the present zoning, only two may practice. The applicant is not proposing any new development on the site, only interior renovations to accommodate the additional practitioner, meaning that the floor area dedicated to the proposed use should not increase. Through the proposed zoning, the owner would be able to add further health professionals to the Health Clinic; however, any future development on the site would require that a GRCA permit be issued and that floodproofing and flood protection measures be implemented, as outlined in the Municipal Plan. 3 2. Property Owner Comments Council Policy 1 -1170 states that the neighbourhood circulation process may be eliminated. As such, this application was not circulated to the surrounding neighbourhood. A notice will be placed in The Record on March 3, 2006, advising of the proposal and of the Development and Technical Services Meeting of March 27, 2006, wherein the proposal will be discussed. 3. Department /Agency Comments Council Policy 1 -1170 states that the agency circulation may be reduced /limited unless concerns require further discussion and resolution. In this regard, the subject application was circulated only to the Grand River Conservation Authority and the Region of Waterloo for comments. In addition, the City's Engineering and Traffic Divisions were circulated for information purposes. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. COMMUNICATIONS: Preliminary circulation of the original application was undertaken on January 24, 2006 to departments /agencies and the comments received are discussed in the report above and are attached as Appendix A. No circulation was made to the surrounding neighbourhood in accordance with Council Policy 1 -1170. CONCLUSION: In summary, the Planning Staff recommend that Zone Change Application ZC06 /02 /L /AP be approved in the form shown in the Proposed By -law. Andrew Pinnell, BES Planner Jeff Willmer, MCIP, RPP Director of Planning V Della Ross, MA, MCIP, RPP Interim Coordinator of Development Review / Senior Planner Attachments: • OnPoint Air Photo • Proposed Zoning By -law • Newspaper Advertisement • Appendix A — Department /Agency Comments PROPOSED BY -LAW February 24, 2006 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 — 1248975 Ontario Inc. — Lawrence Avenue) WHEREAS it is deemed expedient to amend By -law 85 -1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. By -law Number 85 -1 is hereby amended by designating as Existing Use Zone (E- 1) with revised Special Use Provision 261 U, instead of Existing Use Zone (E -1) with Special Use Provision 261 U, the parcel of land described as Lot 65, Plan 786, in the City of Kitchener and set out on Schedule 72 of Appendix "A" to By -law Number 85 -1. 2. Appendix "C" to By -law 85 -1 is hereby amended by deleting Section 261 and replacing it with the following: "261. Notwithstanding Section 48.1 of this by -law, within the lands zoned E -1 on Schedule 72 of Appendix "A ", described as Lot 65, Plan 786, in the City of Kitchener, a Health Clinic or Health Office shall be the only permitted uses." PASSED at the Council Chambers in the City of Kitchener this day of )2006. Mayor Deputy Clerk