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HomeMy WebLinkAboutDTS-05-103 - ZC05/07/A/CB - 192 Activa Avenue ) ~ Development & Technical Services ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee June 27, 2005 Jeff Willmer, Director of Planning Cory Bluhm, Planner, 741-2776 June 10, 2005 DTS-05-1 03 ZC05/07 / AlCB 192 Activa Avenue Brick by Brick Developments RECOMMENDATION: That Zone Change Application ZC 05/07/A/CB, for Brick by Brick Developments Limited, to change the zoning on the subject lands, at 192 Activa Avenue, by changing Special Use Provision 245U on lands legally described as Registered Plan 58M-209 Block 15, in the City of Kitchener, be aooroved in the form shown in the attached "Proposed By-law", dated June 3, 2005 BACKGROUND: The subject property is located at the corner of Max Becker Drive and Activa Avenue, in the Laurentian West Community. The property is designated Low Rise Residential under the City's Municipal Plan and zoned Convenience Commercial Zone (C-1) with Special Use Provision 245U, which prohibits gas stations. The subject site is being developed as a small commercial plaza. REPORT: The applicant wishes to add "Day Care Facility" as a permitted use to the subject property. The City's Municipal Plan permits day care facilities in low rise residential zones where they are considered to be compatible with Low Rise Residential Development. The property is located on a Major Collector Road, across from two elementary schools and a public park. The proposed day care would be located in a portion of the plaza that is near the centre of the site. The outdoor play area would be located between two commercial buildings with a wood fence and landscaping to the rear. These measures should adequately buffer the daycare from adjacent properties. As there are considerable waiting lists for day care in this neighbourhood, and as the property is perfectly located to access other community facilities, Planning staff suggest that this property is suitable for a day care facility. FINANCIAL IMPLICATIONS: Not applicable. COMMUNICATIONS: Full preliminary circulation of the proposed zone change application was waived in accordance with Council Policy I-70S. Notification was sent as a courtesy to adiacent property owners, on May 2S'h, 200S, advising them of the application and the June 27' DTS Committee Meeting. Notice of the June 27, 200S public meeting of the Development and Technical Services Committee was advertised in The Record on June 3, 200S. A copy of the advertisement is attached. A copy of this report is being mailed to all property owners within 120 metres of the subject property. CONCLUSION: Based on the foregoing, the Department of Development and Technical Services recommends that Zone Change Application ZCOS/07 / AlCB be approved in the form shown in the Proposed By-law Cory Bluhm, BES Planner Jeff Willmer, MCIP RPP Director of Planning Attachments Proposed By-law Newspaper Advertisement Courtesy Notification Letter Site Plan PROPOSED BY-LAW June 3, 2005 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 - Brick By Brick Developments Limited - Registered Plan 58M-209 Block 15) 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 . Appendix "C" to By-law 85-1 is hereby amended by deleting section 245 in it's entirety and replacing it as follows: "245 Notwithstanding Section 7 of this By-law, within the lands zoned C-1 as shown on Schedules 51 and 68 of Appendix "A", and described as Registered Plan 58M-209 Block 15, a gas bar shall not be permitted, and a day care facility shall be permitted." PASSED at the Council Chambers in the City of Kitchener this day of , 2005. Mayor Clerk