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HomeMy WebLinkAboutDTS-05-159 - ZC 05/15/E/LT - 230 East Avenue ) c: 4i -::> KITCHENER Development & Technical Services Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development & Technical Services Committee October 1 7, 2005 Jeff Willmer, Director of Planning 741-2325 Lisa Thompson, Zoning Officer 741-2847 Ward 1 September 12, 2005 DTS-05-159 ZC 05/15/E/L T Dr. Martin Dziak 230 East Avenue RECOMMENDATION: That Zone Change Application ZC 05/15/E/L T, Dr. Martin Dziak, to change the zoning on the subject lands, at 230 East Avenue, from Neighbourhood Institutional Zone (1-1) with Special Regulation Provision 93R to Community Institutional Zone (1-2) on lands legally described as Plan 351 Pt Lot 63 Pt Lot 64 Pt Lt 110, in the City of Kitchener, be aooroved in the form shown in the attached "Proposed By-law", dated September 12, 2005 without conditions. REPORT: The subject lands are located at 230 East Avenue, adjacent to St. Anne's Separate School. The owner is seeking a zoning amendment to permit a "health clinic" for chiropractic and massage therapy treatment. The proposed rezoning, would bring a health clinic into the existing established residential neighbourhood. The property has recently been purchased by the applicant with the intent of operating a health clinic. The existing building on site has been used as a convent for the nuns of the Roman Catholic Diocese. The building on site is well suited to the use of a health clinic as it would not require any external building renovation. Staff are of the opinion that the proposed health clinic is an appropriate use within the residential neighbourhood and will remain visually compatible with the surrounding area. The existing 1-1 zoning would permit such uses as an educational establishment, religious institution, residential care facility, accessory day care facility (per 93R), as well as low density residential uses such as single detached, semi-detached and duplex dwellings. The proposed 1-2 zoning would allow for a broader range of uses, including a health clinic, multiple dwelling, free-standing day care facility, artisan's establishment, social service establishment, veterinary services as well as single detached, semi- detached and duplex dwellings. The Low Rise Residential designation of the property in the City of Kitchener Municipal Plan supports and encourages a mix of non-residential uses in residential areas at a scale and in locations appropriate to an area of low rise housing. Some of the supported non-residential uses include artisan's establishments, day care facilities, educational establishments, religious institutions, small and large residential care facilities, health offices and health clinics. Further, to support the successful integration of non-residential uses, the City shall apply the principles of community and site design emphasising compatibility of building with respect to massing, scale, design and the relationship of housing to adjacent buildings, streets and exterior areas. The proposed zoning complies with Official Plan Policy 3-3.2.2 in as much as the site is located on a major collector road and traffic impacts on local streets will be minimal. The existing building is in harmony with the surrounding residential area and will remain as such with no exterior changes planned. While residential uses would be permitted within the existing building, the use of health clinic is well suited to the area as there are no other health clinics in the immediate vicinity. As this property is not a conventional housing unit, being a convent, the conversion of the existing building would not constitute the loss of a housing unit. Small or large scale residential care facilities would have a more significant impact on the surrounding neighbourhood and elementary school adjacent to the property. As there are no proposed exterior changes to the existing building, the site design issues related to the development of a parking lot will be addressed through the Site Plan Approval process to ensure the site is both functional and in keeping with the nature of the community. The zone change application was circulated to adjacent property owners and written responses (Appendix B attached) were received by Planning Staff. There were nine letters received. Three letters supported the proposed zone change and six letters identified concerns which are detailed below. Neiahbourhood Concerns Landscaping/Lighting Some residents indicated a concern about the appearance of the proposed parking area in front of the building and maintaining the integrity of the property. The site plan approval process will ensure the site is property landscaped with a 3.0 metre landscape buffer along the streetscape and appropriate visual barriers being erected between the site and the adjacent residential properties. Exterior lighting of the property will be reviewed through the site plan approval process to avoid light spillage onto adjacent properties. Traffic/Parking Concerns have been raised about additional traffic and noise on East Avenue and the proximity of the health clinic to St. Anne's school. The applicant will be installing a new entrance driveway for the property, to be located approximately in the middle of the lot. This will provide a separation between the access driveway for the school and the proposed health clinic. The parking lot will be designed to meet the requirements of the Transportation Planning division to ensure appropriate driveway width, parking stall size, and unobstructed views for vehicles entering and exiting the site. Traffic generated from the health clinic is not anticipated to have a substantial impact on the street which is a major collector road. Student Safety A concern was raised about the safety of the students from St. Anne's school. Staff recognize that students will be walking to and from school past the subject property. The appropriate design of the parking area will ensure unobstructed views for both students and drivers. Posting a stop sign at the driveway exit may be helpful in ensuring the patients exiting the clinic come to a complete stop before crossing the sidewalk. This will be considered during the site plan review process. FINANCIAL IMPLICATIONS: Nil COMMUNICATIONS: Aaencv and Deoartment Circulation This application was circulated to all required agencies and city departments. No concerns were identified. Neiahbourhood Circulation This application was circulated to all property owners within 120 metres of the subject lands as per the Planning Act requirements. Notice of the public meeting was advertised in The Record on September 23, 2005. All property owners who submitted comments will be circulated a copy of this report. CONCLUSION: Based on the foregoing, the Department of Development and Technical Services recommends that Zone Change Application ZC05/15/E/L T be approved in the form shown in the Proposed By-law. Lisa Thompson, CPT Zoning Officer Jeff Willmer, MCIP, RPP Director of Planning Attachments Onpoint Air Photo Proposed Zoning By-law Newspaper Advertisement Appendix A - Department/Agency Comments Appendix B - Neighbourhood Comments PROPOSED BY-LAW September 12, 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 - Dr. Martin Dziak - East 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. Schedule No. 141 of Appendix "A" to By-law Number 85-1 is hereby amended by designating as Community Institutional Zone (1-2), instead of Neighbourhood Institutional Zone (1-1) with Special Regulation Provision 93R, the parcel of land legally described as Part of Lots 63,64 and 110, Plan 351, in the City of Kitchener. These lands are shown on Map No.1 attached hereto. 2. Schedule No. 141 of Appendix "A" is hereby further amended by incorporating additional zone boundaries as shown on Map No.1 attached hereto. PASSED at the Council Chambers in the City of Kitchener this day of , 2005. Mayor Deputy Clerk Ward 1 ZC 05/15/E/L T City of Kitchener Advertised in The Record September 23,2005 CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS Invites PROPERTY OWNERS AND INTERESTED PARTIES To attend a PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT 230 East Avenue The purpose of this zone change application is to change the zoning from Neighbourhood Institutional Zone (1-1) with Special Regulation Provision 93R to Community Institutional Zone (1-2) to permit a health clinic. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, a Committee of Council which deals with Planning Matters on October 17, 2005 at 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public Meeting and make written and/or verbal representation in respect of the proposed by-law. If a person or public body does not make oral submissions at this public meeting or make written submissions to the City prior to the approval of the by-law, the Ontario Municipal Board may dismiss future appeals. ADDITIONAL INFORMATION relating to the City of Kitchener Planning Website 5:00 p.m. at the Development and 200 King Street West, Kitchener. Officer, 741-2847, (TTY-TDD -741-2385)